____________
Adopted, November 19, 1990
Effective, November 19, 1990
____________
Published in 1990 by Order of the City Council
____________
OFFICIALS
of the
CITY OF CHARLOTTESVILLE
AT THE TIME OF THIS CODIFICATION
____________
Reverend Alvin Edwards
Mayor
____________
Elizabeth B. Waters
Thomas Vandever
Kay Slaughter
David Toscano
Councilmembers
____________
Cole Hendrix
City Manager
____________
W. Clyde Gouldman, II
City Attorney
____________
Jeanne Cox
Clerk of the Council
PREFACE
This Code constitutes a complete recodification of the ordinances of the City of Charlottesville, Virginia of a general and permanent nature.
Source materials used in the preparation of the Code were the 1976 Code, as supplemented through July 3, 1989, and ordinances subsequently adopted by the city council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code, as authorized by section 15.1-37.3 of the Code of Virginia. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1976 Code, as supplemented, and any subsequent ordinance included herein.
The chapters of the Code have been conveniently arranged in alphabetical order and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.
Numbering System
The numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two component parts separated by a dash, the figure before the dash referring to the chapter number and the figure after the dash referring to the position of the section within the chapter. Thus, the second section of Chapter 1 is numbered 1-2 and the first section of Chapter 4 is 4-1. Under this system, each section is identified with its chapter and at the same time new sections or even whole chapters can be inserted in their proper place simply by using the decimal system for amendments. By way of illustration: If new material consisting of one section that would logically come between sections 3-1 and 3-2 is desired to be added, such new section would be numbered 3-1.5. New chapters may be included in the same manner. If the new material is to be included between Chapters 12 and 13, it will be designated as Chapter 12.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number being assigned to the article or division.
Indices
The indices have been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within each index which stand as guideposts to direct the user to the particular item in which the user is interested.
Looseleaf Supplements
A special feature of this publication to which the attention of the user is especially directed is the looseleaf system of binding and supplemental servicing for the publication. With this system, the publication will be kept up-to-date periodically. Subsequent amendatory legislation will be properly edited and the appropriate page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.
Successfully keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised sheets are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.
Acknowledgments
This publication was under the direct supervision of Robert D. Ussery, Vice President emeritus, and Ronald K. McLaughlin, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.
The publisher is most grateful to W. Clyde Gouldman, II, City Attorney, S. Craig Brown, Deputy City Attorney, and Mark D. Owen, Assistant City Attorney, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.
MUNICIPAL CODE CORPORATION
Tallahassee, Florida
ADOPTION OF CODE
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF CHARLOTTESVILLE; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CHARLOTTESVILLE:
Section 1. The Code entitled "Code of the City of Charlottesville (1990)," published by Municipal Code Corporation consisting of Chapters 1 through 34, each inclusive, is adopted.
Section 2. All ordinances of a general and permanent nature enacted on or before November 6, 1989, and not included in the Code or recognized and continued in force by reference therein, are repealed.
Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.
Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof, shall be punished as prescribed in section 1-11 of the Code. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided shall apply to the amendment of any Code section whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief, and revocation of license or permits.
Section 5. Additions or amendments to the Code when passed in the form as to indicate the intention of the council to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.
Section 6. Ordinances adopted after November 6, 1989, that amend or refer to ordinances that have been codified in the Code, shall be construed as if they amend or refer to like provisions of the Code.
Section 7. Nothing in this Code or the ordinance adopting this Code shall affect any annual tax levy, nor shall it affect any ordinance naming, renaming, opening, accepting or vacating streets or alleys in the city.
Section 8. This ordinance shall become effective upon its passage.
Approved by Council
November 19, 1990
|
/s/
Jeanne Cox
|
|
____________
Adopted, November 19, 1990
Effective, November 19, 1990
____________
Published in 1990 by Order of the City Council
____________
OFFICIALS
of the
CITY OF CHARLOTTESVILLE
AT THE TIME OF THIS CODIFICATION
____________
Reverend Alvin Edwards
Mayor
____________
Elizabeth B. Waters
Thomas Vandever
Kay Slaughter
David Toscano
Councilmembers
____________
Cole Hendrix
City Manager
____________
W. Clyde Gouldman, II
City Attorney
____________
Jeanne Cox
Clerk of the Council
PREFACE
This Code constitutes a complete recodification of the ordinances of the City of Charlottesville, Virginia of a general and permanent nature.
Source materials used in the preparation of the Code were the 1976 Code, as supplemented through July 3, 1989, and ordinances subsequently adopted by the city council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code, as authorized by section 15.1-37.3 of the Code of Virginia. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1976 Code, as supplemented, and any subsequent ordinance included herein.
The chapters of the Code have been conveniently arranged in alphabetical order and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.
Numbering System
The numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two component parts separated by a dash, the figure before the dash referring to the chapter number and the figure after the dash referring to the position of the section within the chapter. Thus, the second section of Chapter 1 is numbered 1-2 and the first section of Chapter 4 is 4-1. Under this system, each section is identified with its chapter and at the same time new sections or even whole chapters can be inserted in their proper place simply by using the decimal system for amendments. By way of illustration: If new material consisting of one section that would logically come between sections 3-1 and 3-2 is desired to be added, such new section would be numbered 3-1.5. New chapters may be included in the same manner. If the new material is to be included between Chapters 12 and 13, it will be designated as Chapter 12.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number being assigned to the article or division.
Indices
The indices have been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within each index which stand as guideposts to direct the user to the particular item in which the user is interested.
Looseleaf Supplements
A special feature of this publication to which the attention of the user is especially directed is the looseleaf system of binding and supplemental servicing for the publication. With this system, the publication will be kept up-to-date periodically. Subsequent amendatory legislation will be properly edited and the appropriate page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.
Successfully keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised sheets are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.
Acknowledgments
This publication was under the direct supervision of Robert D. Ussery, Vice President emeritus, and Ronald K. McLaughlin, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.
The publisher is most grateful to W. Clyde Gouldman, II, City Attorney, S. Craig Brown, Deputy City Attorney, and Mark D. Owen, Assistant City Attorney, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.
MUNICIPAL CODE CORPORATION
Tallahassee, Florida
ADOPTION OF CODE
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF CHARLOTTESVILLE; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CHARLOTTESVILLE:
Section 1. The Code entitled "Code of the City of Charlottesville (1990)," published by Municipal Code Corporation consisting of Chapters 1 through 34, each inclusive, is adopted.
Section 2. All ordinances of a general and permanent nature enacted on or before November 6, 1989, and not included in the Code or recognized and continued in force by reference therein, are repealed.
Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.
Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof, shall be punished as prescribed in section 1-11 of the Code. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided shall apply to the amendment of any Code section whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief, and revocation of license or permits.
Section 5. Additions or amendments to the Code when passed in the form as to indicate the intention of the council to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.
Section 6. Ordinances adopted after November 6, 1989, that amend or refer to ordinances that have been codified in the Code, shall be construed as if they amend or refer to like provisions of the Code.
Section 7. Nothing in this Code or the ordinance adopting this Code shall affect any annual tax levy, nor shall it affect any ordinance naming, renaming, opening, accepting or vacating streets or alleys in the city.
Section 8. This ordinance shall become effective upon its passage.
Approved by Council
November 19, 1990
|
/s/
Jeanne Cox
|
|
The table below allows users of this Code to quickly and accurately determine what ordinances have been considered for codification in each supplement.
In addition, by adding to this table with each supplement, users of this City Code will be able to gain a more complete picture of the Code's historical evolution.
| Date Adopted |
Supp. No. |
| Supp. No. 40
|
|
| 7-21-08 | Supp. No. 40 |
| 7-19-10 | Supp. No. 40 |
| 7-21-10 | Supp. No. 40 |
| 8- 2-10 | Supp. No. 40 |
| 10-18-10(1) | Supp. No. 40 |
| 10-18-10(2) | Supp. No. 40 |
| 12-20-10(1) | Supp. No. 40 |
| 12-20-10(2) | Supp. No. 40 |
| Supp. No. 41
|
|
| 1-18-11 | Supp. No. 41 |
| 3- 7-11 | Supp. No. 41 |
| 4- 4-11(1) | Supp. No. 41 |
| 4- 4-11(1) | Supp. No. 41 |
| 4-18-11(1) | Supp. No. 41 |
| 4-18-11(2) | Supp. No. 41 |
| 5- 2-11 | Supp. No. 41 |
| 5-16-11 | Supp. No. 41 |
| 6- 6-11 | Supp. No. 41 |
| 6-20-11(1) | Supp. No. 41 |
| 6-20-11(2) | Supp. No. 41 |
| 7- 5-11 | Supp. No. 41 |
| 7-18-11 | Supp. No. 41 |
| Supp. No. 42
|
|
| 9-19-11(1) | Supp. No. 42 |
| 9-19-11(2) | Supp. No. 42 |
| 11- 7-11 | Supp. No. 42 |
| 11-21-11(1) | Supp. No. 42 |
| 11-21-11(2) | Supp. No. 42 |
| 11-21-11(3) | Supp. No. 42 |
| 12-19-11 | Supp. No. 42 |
| 1- 3-12 | Supp. No. 42 |
| 1-17-12 | Supp. No. 42 |
| Supp. No. 43
|
|
| 3-19-12 | Supp. No. 43 |
| 4- 2-12 | Supp. No. 43 |
| 4-10-12 | Supp. No. 43 |
| 5- 7-12 | Supp. No. 43 |
| 6- 4-12 | Supp. No. 43 |
| 7-16-12 | Supp. No. 43 |
| Supp. No. 44
|
|
| 12-17-12(1) | Supp. No. 44 |
| 12-17-12(2) | Supp. No. 44 |
| 1- 7-13 | Supp. No. 44 |
| 1-22-13 | Supp. No. 44 |
| 2- 4-13 | Supp. No. 44 |
| 2-19-13 | Supp. No. 44 |
| 5- 6-13(1) | Supp. No. 44 |
| 5- 6-13(2) | Supp. No. 44 |
| 5-20-13(1) | Supp. No. 44 |
| 5-20-13(2) | Supp. No. 44 |
| 5-20-13(3) | Supp. No. 44 |
| 5-20-13(4) | Supp. No. 44 |
| 6- 3-13(1) | Supp. No. 44 |
| 6- 3-13(2) | Supp. No. 44 |
| 6-17-13 | Supp. No. 44 |
| Supp. No. 45
|
|
| 7- 1-13 | Supp. No. 45 |
| 7-15-13 | Supp. No. 45 |
| 8-19-13 | Supp. No. 45 |
| 9-16-13 | Supp. No. 45 |
| 10- 7-13(1) | Supp. No. 45 |
| 10- 7-13(2) | Supp. No. 45 |
| 10-21-13 | Supp. No. 45 |
| 11-18-13 | Supp. No. 45 |
| Supp. No. 46
|
|
| 11- 4-2013 | Supp. No. 46 |
| 2- 3-2014 | Supp. No. 46 |
| 4- 7-2014 | Supp. No. 46 |
| 4-10-2014 | Supp. No. 46 |
| 5- 5-2014 | Supp. No. 46 |
| 5-19-2014 | Supp. No. 46 |
| 6- 2-2014(1) | Supp. No. 46 |
| 6- 2-2014(2) | Supp. No. 46 |
| 6- 2-2014(3) | Supp. No. 46 |
| 6-16-2014 | Supp. No. 46 |
| Supp. No. 47
|
|
| 9- 2-2014 | Supp. No. 47 |
| 9-15-2014(1) | Supp. No. 47 |
| 9-15-2014(2) | Supp. No. 47 |
| 9-15-2014(3) | Supp. No. 47 |
| 11-17-2014 | Supp. No. 47 |
| 12-15-2014 | Supp. No. 47 |
| Supp. No. 48
|
|
| 3- 2-2015 | Supp. No. 48 |
| 4-14-2015 | Supp. No. 48 |
| 6- 1-2015(1) | Supp. No. 48 |
| 6- 1-2015(2) | Supp. No. 48 |
| 6- 1-2015(3) | Supp. No. 48 |
| 6- 1-2015(4) | Supp. No. 48 |
| 6-15-2015(1) | Supp. No. 48 |
| 6-16-2015(2) | Supp. No. 48 |
| Supp. No. 49
|
|
| 7-20-2015(1) | Supp. No. 49 |
| 7-20-2015(2) | Supp. No. 49 |
| 8-17-2015(1) | Supp. No. 49 |
| 8-17-2015(2) | Supp. No. 49 |
| 9- 8-2015(1) | Supp. No. 49 |
| 9- 8-2015(2) | Supp. No. 49 |
| 10-19-2015(1) | Supp. No. 49 |
| 10-19-2015(2) | Supp. No. 49 |
| 10-19-2015(3) | Supp. No. 49 |
| 12-21-2015(1) | Supp. No. 49 |
| 12-21-2015(2) | Supp. No. 49 |
| Supp. No. 50
|
|
| 8-17-2015(3) | Supp. No. 50 |
| 3-21-2016 | Supp. No. 50 |
| 4-12-2016 | Supp. No. 50 |
| 4-18-2016 | Supp. No. 50 |
| 6- 6-2016 | Supp. No. 50 |
| Supp. No. 51
|
|
| 8-15-2016(1) | Supp. No. 51 |
| 8-15-2016(2) | Supp. No. 51 |
| 8-15-2016(3) | Supp. No. 51 |
| 9- 6-2016 | Supp. No. 51 |
| 11-21-2016 | Supp. No. 51 |
| 12-19-2016(1) | Supp. No. 51 |
| 12-19-2016(2) | Supp. No. 51 |
| Supp. No. 52
|
|
| 2- 6-2017 | Supp. No. 52 |
| 4-17-2017 | Supp. No. 52 |
| 6- 5-2017(1) | Supp. No. 52 |
| 6- 5-2017(2) | Supp. No. 52 |
| Supp. No. 53
|
|
| 3-20-2017 | Supp. No. 53 |
| 7-17-2017 | Supp. No. 53 |
| 8-21-2017 | Supp. No. 53 |
| 9- 5-2017 | Supp. No. 53 |
| 10- 2-2017 | Supp. No. 53 |
| 11-20-2017 | Supp. No. 53 |
| 12-18-2017 | Supp. No. 53 |
| Supp. No. 54
|
|
| 2-20-2018 | Supp. No. 54 |
| 3- 5-2018 | Supp. No. 54 |
The table below allows users of this Code to quickly and accurately determine what ordinances have been considered for codification in each supplement.
In addition, by adding to this table with each supplement, users of this City Code will be able to gain a more complete picture of the Code's historical evolution.
| Date Adopted |
Supp. No. |
| Supp. No. 40
|
|
| 7-21-08 | Supp. No. 40 |
| 7-19-10 | Supp. No. 40 |
| 7-21-10 | Supp. No. 40 |
| 8- 2-10 | Supp. No. 40 |
| 10-18-10(1) | Supp. No. 40 |
| 10-18-10(2) | Supp. No. 40 |
| 12-20-10(1) | Supp. No. 40 |
| 12-20-10(2) | Supp. No. 40 |
| Supp. No. 41
|
|
| 1-18-11 | Supp. No. 41 |
| 3- 7-11 | Supp. No. 41 |
| 4- 4-11(1) | Supp. No. 41 |
| 4- 4-11(1) | Supp. No. 41 |
| 4-18-11(1) | Supp. No. 41 |
| 4-18-11(2) | Supp. No. 41 |
| 5- 2-11 | Supp. No. 41 |
| 5-16-11 | Supp. No. 41 |
| 6- 6-11 | Supp. No. 41 |
| 6-20-11(1) | Supp. No. 41 |
| 6-20-11(2) | Supp. No. 41 |
| 7- 5-11 | Supp. No. 41 |
| 7-18-11 | Supp. No. 41 |
| Supp. No. 42
|
|
| 9-19-11(1) | Supp. No. 42 |
| 9-19-11(2) | Supp. No. 42 |
| 11- 7-11 | Supp. No. 42 |
| 11-21-11(1) | Supp. No. 42 |
| 11-21-11(2) | Supp. No. 42 |
| 11-21-11(3) | Supp. No. 42 |
| 12-19-11 | Supp. No. 42 |
| 1- 3-12 | Supp. No. 42 |
| 1-17-12 | Supp. No. 42 |
| Supp. No. 43
|
|
| 3-19-12 | Supp. No. 43 |
| 4- 2-12 | Supp. No. 43 |
| 4-10-12 | Supp. No. 43 |
| 5- 7-12 | Supp. No. 43 |
| 6- 4-12 | Supp. No. 43 |
| 7-16-12 | Supp. No. 43 |
| Supp. No. 44
|
|
| 12-17-12(1) | Supp. No. 44 |
| 12-17-12(2) | Supp. No. 44 |
| 1- 7-13 | Supp. No. 44 |
| 1-22-13 | Supp. No. 44 |
| 2- 4-13 | Supp. No. 44 |
| 2-19-13 | Supp. No. 44 |
| 5- 6-13(1) | Supp. No. 44 |
| 5- 6-13(2) | Supp. No. 44 |
| 5-20-13(1) | Supp. No. 44 |
| 5-20-13(2) | Supp. No. 44 |
| 5-20-13(3) | Supp. No. 44 |
| 5-20-13(4) | Supp. No. 44 |
| 6- 3-13(1) | Supp. No. 44 |
| 6- 3-13(2) | Supp. No. 44 |
| 6-17-13 | Supp. No. 44 |
| Supp. No. 45
|
|
| 7- 1-13 | Supp. No. 45 |
| 7-15-13 | Supp. No. 45 |
| 8-19-13 | Supp. No. 45 |
| 9-16-13 | Supp. No. 45 |
| 10- 7-13(1) | Supp. No. 45 |
| 10- 7-13(2) | Supp. No. 45 |
| 10-21-13 | Supp. No. 45 |
| 11-18-13 | Supp. No. 45 |
| Supp. No. 46
|
|
| 11- 4-2013 | Supp. No. 46 |
| 2- 3-2014 | Supp. No. 46 |
| 4- 7-2014 | Supp. No. 46 |
| 4-10-2014 | Supp. No. 46 |
| 5- 5-2014 | Supp. No. 46 |
| 5-19-2014 | Supp. No. 46 |
| 6- 2-2014(1) | Supp. No. 46 |
| 6- 2-2014(2) | Supp. No. 46 |
| 6- 2-2014(3) | Supp. No. 46 |
| 6-16-2014 | Supp. No. 46 |
| Supp. No. 47
|
|
| 9- 2-2014 | Supp. No. 47 |
| 9-15-2014(1) | Supp. No. 47 |
| 9-15-2014(2) | Supp. No. 47 |
| 9-15-2014(3) | Supp. No. 47 |
| 11-17-2014 | Supp. No. 47 |
| 12-15-2014 | Supp. No. 47 |
| Supp. No. 48
|
|
| 3- 2-2015 | Supp. No. 48 |
| 4-14-2015 | Supp. No. 48 |
| 6- 1-2015(1) | Supp. No. 48 |
| 6- 1-2015(2) | Supp. No. 48 |
| 6- 1-2015(3) | Supp. No. 48 |
| 6- 1-2015(4) | Supp. No. 48 |
| 6-15-2015(1) | Supp. No. 48 |
| 6-16-2015(2) | Supp. No. 48 |
| Supp. No. 49
|
|
| 7-20-2015(1) | Supp. No. 49 |
| 7-20-2015(2) | Supp. No. 49 |
| 8-17-2015(1) | Supp. No. 49 |
| 8-17-2015(2) | Supp. No. 49 |
| 9- 8-2015(1) | Supp. No. 49 |
| 9- 8-2015(2) | Supp. No. 49 |
| 10-19-2015(1) | Supp. No. 49 |
| 10-19-2015(2) | Supp. No. 49 |
| 10-19-2015(3) | Supp. No. 49 |
| 12-21-2015(1) | Supp. No. 49 |
| 12-21-2015(2) | Supp. No. 49 |
| Supp. No. 50
|
|
| 8-17-2015(3) | Supp. No. 50 |
| 3-21-2016 | Supp. No. 50 |
| 4-12-2016 | Supp. No. 50 |
| 4-18-2016 | Supp. No. 50 |
| 6- 6-2016 | Supp. No. 50 |
| Supp. No. 51
|
|
| 8-15-2016(1) | Supp. No. 51 |
| 8-15-2016(2) | Supp. No. 51 |
| 8-15-2016(3) | Supp. No. 51 |
| 9- 6-2016 | Supp. No. 51 |
| 11-21-2016 | Supp. No. 51 |
| 12-19-2016(1) | Supp. No. 51 |
| 12-19-2016(2) | Supp. No. 51 |
| Supp. No. 52
|
|
| 2- 6-2017 | Supp. No. 52 |
| 4-17-2017 | Supp. No. 52 |
| 6- 5-2017(1) | Supp. No. 52 |
| 6- 5-2017(2) | Supp. No. 52 |
| Supp. No. 53
|
|
| 3-20-2017 | Supp. No. 53 |
| 7-17-2017 | Supp. No. 53 |
| 8-21-2017 | Supp. No. 53 |
| 9- 5-2017 | Supp. No. 53 |
| 10- 2-2017 | Supp. No. 53 |
| 11-20-2017 | Supp. No. 53 |
| 12-18-2017 | Supp. No. 53 |
| Supp. No. 54
|
|
| 2-20-2018 | Supp. No. 54 |
| 3- 5-2018 | Supp. No. 54 |
A new Charter is hereby provided for the City of Charlottesville in the form and manner following:
So much of the land that lies and is contained in the following boundaries: Beginning at a cross on rock on hill ninety-two feet southeast of center line of traveled way Ridge Street a corner to the present corporation line, thence with it north thirty-two degrees thirty minutes west at five hundred and twenty-one feet Old Lynchburg Road at one thousand three hundred and six feet Seven and One-half Street S.W. extended in all three thousand one hundred fifty-two and four-tenths feet to a stake east bank of a small branch and north forty degrees east seventy-six feet from center of top of manhole, thence new lines south thirty-five degrees thirty-eight minutes west two hundred thirteen and seven-tenths feet to a stake, south thirty-eight degrees eight minutes west one thousand one hundred nineteen and two-tenths feet to a stake, south eighty-nine degrees forty-seven minutes west two hundred thirteen and seven-tenths feet to a stake sixteen feet northeast of branch, thence crossing branch south eighty-two degrees thirty-nine minutes west one hundred eighty-five and six-tenths feet to a stake north eighty-seven degrees forty-four minutes west three hundred thirty-four feet to a stake south eighty-nine degrees forty-seven minutes west two hundred and five-tenths feet to a stake south sixty-five degrees thirty-nine minutes west one hundred sixty-two and three-tenths feet, south fifty-six degrees forty-seven minutes west one hundred ninety-seven and two-tenths feet south fifty-four degrees twenty-three minutes west three hundred forty-three and two-tenths feet to a stake, south forty-four degrees fifty-eight minutes west eight hundred thirty-seven feet to a stake fourteen feet beyond a branch and twenty-five feet beyond a large poplar, side line, thence south twenty degrees twenty-two minutes west at four hundred ninety-six feet a small fore and aft pine in all one thousand and nine and five-tenths feet to a stake, south seventeen degrees thirty-eight minutes east one thousand three hundred four feet to a stake in Martin's lot one hundred eighty and four-tenths feet beyond an iron in Harris Road, thence through Martin's, Misses Harris and Monte Vista south sixty-one degrees fifty-two minutes west one thousand six hundred eighty-one and two-tenths feet to a stake, thence through Monte Vista and Jefferson Park north forty-three degrees eight minutes west at one hundred thirty-two and one-tenth feet a point which is south twelve west seventeen and six-tenths feet from iron at southwest corner Harry Gay lot at end of Monte Vista Avenue at six hundred eighty-two and two-tenths feet Old Lynchburg Road in all one thousand five hundred fifty-nine feet to a stake back of Eton Circle, thence north twenty-three degrees nineteen minutes west four hundred twelve and seven-tenths feet to a stake in lot No. 39 (J. M. Clark & Sons) six and four-tenths feet beyond line of lot No. 40 (Johnson), thence north two degrees forty minutes west at one hundred forty-four feet a stake in line of lot No. 38 (Blume) and two hundred twenty-seven and eight-tenths feet from iron on Hill Top Road a corner of Clark, and Blume, at two thousand and ninety-seven feet a stake in north edge Stribling Avenue fifty-one and seven-tenths feet west of iron corner to Lovell, at two thousand five hundred seven and six-tenths feet center Southern R. R. one thousand ninety-seven feet northeast from mile post 114, at three thousand three hundred eleven and five-tenths feet stake north margin state road No. 29, one hundred twenty-eight and nine-tenths feet west of iron at corner Piedmont Street, at four thousand one hundred seventy-eight feet Old Lynchburg Road one hundred twenty-six feet west of iron, thence crossing said road to its northern margin in the same line to a point, thence in an easterly direction along the northern margin of said road to the western boundary of the University of Virginia lands; thence with the dividing line between the lands of the University of Virginia and Homer Richey in a northerly and westerly direction to a point on the line which crosses U.S. 29 and previously described as having a course of north two degrees forty minutes west; thence with said line north two degrees forty minutes west to an iron fifty-one and eight-tenths feet beyond center of Observatory Road, thence a line north thirty-seven degrees fifty-eight minutes east to the line of the property of W. C. Chamberlain, thence in an easterly direction with said Chamberlain line to the eastern margin of the cemetery road, thence with the eastern margin of said cemetery road in a northwesterly and northeasterly direction to the southern margin of state road No. 250; thence crossing said road to an iron thirty feet from the center of same, said crossing of the center line of Ivy Road being approximately seven hundred seventy-two feet east of the center of the underpass on the Owensville Road; thence through Massie and Duke north sixty degrees thirty-four minutes east three hundred seventy-seven and six-tenths feet to an iron in the center C.&O.R.R. nine hundred forty-five feet east of center bridge over Owensville Road and one thousand eight hundred and one feet west of center bridge over state road No. 29; thence north seventy-four degrees forty-five minutes east one thousand five hundred and seven and four-tenths feet to stake north thirty-nine degrees forty-nine minutes east two hundred fifty-five and eight-tenths feet to a stake, north one degree fifty minutes east two hundred forty-one and six-tenths feet to a stake, north twenty-four degrees fifty-one minutes east one thousand two hundred eighty-four feet to a stake and small sassafras pt. on hill, north forty-one degrees six minutes east four hundred seventy-four and three-tenths feet to a stake and small sassafras pt. on hill, north forty-one degrees fifty-one minutes east five hundred and one and six-tenths feet to a stake twenty-six feet left of Meadow Creek north twenty degrees fifty-three minutes east three hundred thirty-two feet to a stake, thence crossing Meadow Creek north fifty-seven degrees sixteen minutes east one hundred and eight and nine-tenths feet to a stake, north forty-seven degrees fifty-four minutes east two hundred and five feet to stake, thence recrossing Meadow Creek north fifty-three degrees fourteen minutes east three hundred fifty and five-tenths feet to nail in center Barracks Road two hundred ninety-two feet north and west from center state road No. 29, thence through Siegfried north thirty-one degrees fifty-four minutes east nine hundred twenty-one and five-tenths feet to stake, thence south eighty degrees forty minutes east at three hundred and two and four-tenths feet center state road No. 29, thence through Virginia Earhart, City of Charlottesville, and Meadow Brook Hills, in all two thousand one hundred thirty-six feet to a stake in Meadow Brook Hills, thence north seventy-two degrees twenty minutes east four hundred ninety-nine and one-tenth feet to an iron in south edge macadam Hydraulic Road (Rugby Road extended), thence with the southern margin of Hydraulic Road in an easterly direction to its intersection with the northern margin of Dairy Road projected, thence in an easterly direction with the northern margin of Dairy Road to its intersection with the eastern margin of Hill Top Road, thence in a southerly direction with the eastern margin of Hill Top Road, to a concrete monument on said road at a point which is south fifteen degrees thirty-three minutes from a stake located ten feet southeast of a large poplar south of Dairy Road to its intersection with the eastern margin of Hill Top Road, of Gentry Woods, thence through Rugby Hills and E. K. O'Brien tracts south thirty-five degrees twenty-eight minutes east to the western line of the McIntire municipal park, thence in a northeasterly, southeasterly and southerly direction with the northwesterly, northerly and easterly lines of the McIntire municipal park to a concrete monument of Schenk's Branch, thence south eighty-one degrees thirty-one minutes east crossing an iron in Park Street, extended, sixty-seven and eight-tenths feet southwest from the southwest corner of a capstone on the north rock column of the Wilder most northerly entrance, and continuing thence by the same course through the lands of Wilder to a stake in Smith's land two hundred thirty and six-tenths feet northwest of the iron corner at the present corporation line at the end of Locust Avenue, thence south eight degrees twenty minutes south two hundred thirty and six-tenths feet to iron at end of Locust Avenue corner present corporation line in all three thousand one hundred twenty-six and five-tenths feet to a point on outside edge of five-foot cement walk and one and six-tenths feet from its northwest corner at southwest corner bridge over the Rivanna River, thence through Albemarle golf course south thirteen degrees one minute west three hundred ten and eight-tenths feet to stake near west bank Rivanna River, thence south thirty-eight degrees twenty-four minutes west two hundred eighty-nine and three-tenths feet to stake, south twenty-one degrees twenty-nine minutes west three hundred eighty-six and one-tenth feet to a stake, south one degree thirty-four minutes west three hundred fourteen feet to stake, south four degrees thirty-six minutes west three hundred ninety-four and seven-tenths feet to stake, south nineteen degrees thirty-nine minutes west three hundred fifty-five and four-tenths feet to stake, south twenty-two degrees two minutes west two hundred fifty-seven and four-tenths feet to a stake, and south seven degrees thirty minutes east one hundred thirty-six and five-tenths feet to a stake, thence leaving river south twenty-five degrees forty-one minutes west at one thousand four hundred ninety-six feet center concrete Woolen Mills Road, thence through N. F. Leake & c. at two thousand five hundred eighty-seven and six-tenths feet iron center C.&O.R.R. one thousand one hundred nineteen and five-tenths feet east of Richmond and Clifton Forge division sign, thence through Horace Ferron, & c. at two thousand seven hundred fifty-eight and seven-tenths feet an iron in all three thousand and fifty-nine and three-tenths feet to iron in north bank Carlton Road, thence in a southeasterly direction to a point on Franklin Street, which point is one hundred fifty feet east of the eastern margin of Nassau Street, thence a line in a southwesterly direction one hundred fifty feet east of and parallel to the eastern margin of Nassau Street, thence continuing said line in a westerly direction one hundred fifty feet south of and parallel to the southern margin of Nassau Street to its intersection with the eastern margin of Monticello Road, thence in a southerly direction with the eastern margin of Monticello Road to a monument opposite the southern margin of the old Quarry Road, thence in a westerly direction with the southern margin of said old Quarry Road, to a concrete monument between Rockland and Palatine Avenues, thence a line north fifty-nine degrees five minutes west to an iron in the east bank of the old Scottsville Road or Sixth Street, S.E., thence with present corporate line north seventy-eight degrees fifty minutes west two thousand three hundred forty-two feet to the beginning, shall be and is hereby, made the City of Charlottesville; and the inhabitants of the City of Charlottesville for all purposes for which towns and cities are incorporated in this commonwealth, shall continue to be one body, politic in fact and in name, under the style and denomination of the City of Charlottesville, and as such shall have all the rights, immunities, powers, and privileges, and be subject to all the duties and obligations now incumbent and pertaining to said city as a municipal corporation; and by that name may sue and be sued, and be subject to all the provisions of the Code of Virginia, except so far as may be herein otherwise provided.
Editor's note— The boundaries described in this section do not reflect the boundaries established by the last court order of annexation. The present boundary description can be found in the records of the Circuit Court of Albemarle County, Virginia.
The grounds, walks, driveways and all the land which on January 1, 1939, belonged to "Rector and Visitors of the University of Virginia," a corporation, although embraced within the boundaries of the City of Charlottesville as described in section 2, shall nevertheless be deemed to be excluded therefrom and shall be, remain and continue in all respects and for all purposes a part of the County of Albemarle; provided, that this exception shall not apply to any of the lands now used and embraced within the streets and roads known as West Main Street, Fry's Spring Road, the Old Lynchburg Road, Rugby Road, State Highway No. 250, State Highway No. 29, nor any sidewalks on such roads, nor to any portion of the right of way of the Chesapeake and Ohio Railroad, and all of said streets, roads and rights of way within the boundary lines set out in section 2 hereof shall be in and a part of the City of Charlottesville.
(Acts 1948, Ch. 124)
Effect of amendment— The 1948 amendment substituted "which on January one, nineteen hundred thirty-nine belonged" for "belonging," near the beginning of the section.
The said city shall be divided into wards as now constituted, but the number of wards may be hereafter increased or diminished and the boundaries thereof changed by the city council as authorized by law.
State Law reference— Establishment of wards, Code of Virginia, § 15.1-803; election districts or precincts, § 24.1-36 et seq.
(a)
The municipal authorities of the said city shall consist of a council of five members, one of whom shall be mayor, as hereinafter set forth, unless and until this form be changed in manner prescribed by law, a clerk of the corporation [circuit] court, a commonwealth's attorney, a treasurer, a sheriff and a commissioner of revenue, who shall be elected by the qualified voters of the City of Charlottesville at elections held at the intervals and on the day prescribed for such elections by the laws of the state. All persons who are qualified voters of the City of Charlottesville shall be eligible to any of the said offices. The terms of offices of all of said officers shall begin and continue for such length of time as is prescribed by law; provided, that any of said officers shall be eligible to one or more offices to which he may be elected or appointed by the council. All the corporate powers of said city shall be exercised by said council, or under its authority, except as otherwise provided herein.
(b)
The form of government for said city shall be the city manager plan as follows: All corporate powers, legislative and executive authority vested in the City of Charlottesville by law shall be and are hereby vested in a council of five members to be elected at large from the qualified voters of the city, except as hereinafter provided.
(c)
Each of said councilmen shall receive an annual salary to be set by the council, not to exceed thirty-six hundred dollars each (except the president of said council, who shall be mayor, and shall receive a salary not to exceed forty-eight hundred dollars) from the city for their services.
(d)
In accordance with the general laws of the commonwealth, the election of councilmen shall be held in May of 1972, and biennially thereafter. At the election in May of 1972, there shall be elected three members of council, and at the election in May of 1974, there shall be elected two members of council to fill vacancies occurring on the first of July in the respective years in which they are elected. The term of office of the councilmen shall be four years. The members of the council on the effective date of this Charter amendment are hereby confirmed in office until the first day of July in the final year of the term of office for which they were elected.
(e)
It shall be the duty of the said council of five members to elect a city manager, at the salary to be fixed by them, who shall serve at the pleasure of the council.
(f)
Subject to general control by the council as provided in subsection (b) hereof, the city manager shall have full executive and administrative authority and shall have the right to employ and discharge all employees under his control. All departments of city government, including the fire department and police department, shall be under the general supervision of the city manager. The city manager shall give a bond for the faithful performance of his duties in such sum as the council may require. Subject to the general power of the council as provided in subsection (b) hereof and except as the council may by ordinance otherwise provide, the city manager shall have the powers vested in city managers by Code of Virginia, sections 15.1-926 and 15.1-927 and general laws amendatory thereof.
(g)
Said council shall elect a director of finance who shall serve at the pleasure of the council and who shall superintend the fiscal affairs of the city, and shall manage the same in the manner required by the council.
In all other respects the said council shall have and be vested with the same authority heretofore exercised by the council, and in all other respects their duties and liabilities shall be regulated by the existing laws, not in conflict therewith.
(Acts 1950, Ch. 143; Acts 1962, Ch. 463; Acts 1964, Ch. 137; Acts 1972, Ch. 184; Acts 1974, Ch. 7)
Effect of amendments— The 1950 amendment substituted, in subsection (b), "and executive" for "financial and police" and made many changes in subsection (f), including the addition of the second sentence therein.
The 1962 amendment raised the compensation of councilmen from three hundred dollars per year to twelve hundred dollars per year and that of the mayor from five hundred dollars per year to fifteen hundred dollars per year.
The 1964 amendment deleted the civil and police justice from subsection (a) and rewrote the language of subsection (a); changed "modified commission plan" to "city manager plan" in subsection (b); deleted provisions in subsection (d) authorizing the mayor to preside and vote on all questions; and changed "§§ 15-435 and 15-436" to "§§ 15.1-926 and 15.1-927" in subsection (f).
The 1972 amendment changed "sergeant" to "sheriff" and deleted "two justices of the peace" in subsection (a), completely rewrote subsection (d) and changed the terms of office of the city manager and director of finance from two years to "the pleasure of the council."
The 1974 amendment changed the compensation of councilmen to an amount to be set by the council, not to exceed thirty-six hundred dollars per year, and that of the mayor not to exceed forty-eight hundred dollars per year.
The council shall have authority to order, by resolution directed to the corporation [circuit] court of the city or the judge thereof in vacation, the submission to the qualified voters of the city for an advisory referendum thereon any proposed ordinance or amendment to the City Charter. Upon the receipt of such resolution, the corporation [circuit] court of the city or the judge thereof in vacation shall order an election to be held thereon not less than thirty nor more than sixty days after the receipt of such resolution. The election shall be conducted and the result thereof ascertained and determined in the manner provided by law for the conduct of general elections and by the regular election officials of the city. If a petition requesting the submission of an amendment to this Charter, set forth in such petition, signed by qualified voters equal in number to ten per centum of the largest number of votes cast in any general or primary election held in the city during the five years immediately preceding, each signature to which has been witnessed by a person whose affidavit to that effect is attached to the petition, is filed with the clerk of the corporation [circuit] court of the city, he shall forthwith certify that fact to the court or judge thereof in vacation. Upon the certification of such petition the corporation [circuit] court of the city or the judge thereof in vacation, shall order an election to be held not less than thirty nor more than sixty days after such certification, in which such proposed amendment shall be submitted to the qualified voters of the city for their approval or disapproval. Such election shall be conducted and the result thereof ascertained and determined in the manner provided by law for the conduct of general elections and by the regular election officials of the city. If a majority of those voting thereon at such election approved the proposed amendment such result shall be communicated by the clerk of the corporation [circuit] court of the city to the two houses of the General Assembly and to the representatives of the city therein with the same effect as if the council had adopted a resolution requesting the General Assembly to adopt the amendment.
Nothing contained in this section shall be construed as affecting the provisions of section 14-a of this Charter.
(Acts 1960, Ch. 327; Acts 1962, Ch. 332)
Effect of amendments— The 1960 Act added this section. The 1962 amendment changed the procedure for verification of signatures on petitions.
There may be elected by the council such officers and clerks as said council deems proper and necessary, who shall serve at the pleasure of council, and any one or more of said offices may be held and exercised by the same person. It may be competent for the council, in order to secure the services of a suitable person, to elect nonresidents, but such officer, other than the clerk of the council, shall reside in the city during his tenure of office.
(Acts 1972, Ch. 184; Acts 2010, Ch. 217)
Effect of amendment— The 1972 amendment changed the term of office from two years to "the pleasure of the council."
The councilmen, and other officers elected by the people shall each, before entering upon the duties of their offices, take the oaths prescribed for all other officers by laws of Virginia, and qualify before the corporation [circuit] court of said city, or the judge thereof in vacation, and in the cases of the mayor and councilmen a certificate of such oaths having been taken, shall be filed by them, respectively, with the clerk of the council, who shall enter the same upon the journal thereof; but if any or either of said officers shall fail to qualify, as aforesaid, for ten days after the commencement of the term for which he, or they, were elected, or shall neglect for a like space of time to give such bond as may be required of him, his office or their offices shall be deemed vacant.
State Law reference— Oath required, Code of Virginia, § 15.1-38; form of oath, § 49-1.
Whenever, from any cause, a vacancy shall occur in the office of mayor it shall be filled by the council and a vacancy in the office of councilmen shall be filled by that body at its next regular meeting from the qualified electors of said city, and the officer thus elected shall hold his office for the term for which his predecessor was elected, unless sooner vacated by death, resignation, removal, or from other causes. An entry of said election shall be made in the record book. If the mayor of said city or a councilman shall remove from the city limits, such removal shall operate to vacate his office.
At its first meeting in July, 1972, and biennially thereafter, the council shall elect one of its members to act as president, who shall preside at its meetings and continue in office two years. Or if a vacancy occur in the office before the end of his term, such vacancy shall be filled as provided in section 8.
At the same time the council shall elect one of its members to be a vice-president, who shall preside at such meetings in the absence of the president, and who, when the president shall be absent or unable to perform the duties of his office, by reason of sickness, or other cause, shall perform any and all duties required of, or entrusted to, the president. The president, or the vice-president, when authorized, as above stated, to act, shall have power at any time to call a meeting.
(Acts 1972, Ch. 184)
Effect of amendment— The 1972 amendment changed "September" to "July" and "1922" to "1972" in the first sentence and "section seven" to "section eight" at the end of the second sentence.
Three councilmen shall constitute a quorum for the transaction of business at any meeting of that body.
The president, or vice-president, as the case may be, shall be entitled to a vote on all questions as any other member, but in no case shall he be entitled to a second vote on any question, though it be necessary to break a tie—that is to say, his office shall not entitle him to a vote.
The council shall have authority to adopt such rules and to appoint such officers and clerks as it may deem proper for the regulation of its proceedings, and for the convenient transaction of business, to compel the attendance of absent members, to punish its members for disorderly behavior, and by vote of two-thirds of all the members elected to it, expel a member for malfeasance or misfeasance in office. The council shall keep a journal of its proceedings, and its meetings shall be open, except when it votes to hold an executive or closed session pursuant to general law. The council shall also require to be kept by its clerk a separate book, termed "The General Ordinance Book," in which shall be recorded all ordinances and resolutions of a general and permanent character, properly indexed and opened to the public inspection. Other documents or papers in the possession of the clerk of the council which may affect the interest of the city, shall not be exhibited nor copies thereof furnished, except as may be required by general law.
(Acts 1972, Ch. 184)
Effect of amendment— The 1972 amendment rewrote the second and last sentences of this section regarding executive sessions and exhibition of documents and papers.
State Law reference— General requirement for open meetings, Code of Virginia, § 2.1-343; executive or closed meetings, § 2.1-344.
At each regular meeting of the council the proceedings of the last regular meeting and all intervening called meetings, shall be presented, and thereupon be corrected, if erroneous, and signed by the person presiding for the time being.
Upon the call of any member the ayes and noes shall be recorded in the journal.
(Acts 1972, Ch. 184)
Effect of amendment— The 1972 amendment changed the word "read" to "presented" in the third line of this section.
The council of the city, except as hereinbefore provided, shall have the power within said city to control and manage the fiscal and municipal affairs of the city and all property, real and personal, belonging to said city; they shall have power to provide a revenue for the city, and appropriate the same to its expenses, also to provide the annual assessments of taxable persons and property in the city, and it may make such ordinances, orders, and bylaws relating to the foregoing powers of this section as it shall deem proper and necessary. They shall likewise have power to make such ordinances, bylaws, orders and regulations as it may deem desirable to carry out the following powers which are hereby vested in them:
First. Streets and sidewalks—Generally. To close, extend, widen, narrow, lay out, grade, improve and otherwise alter streets and public alleys in the said city, and have them properly lighted and kept in good order, and it may make or construct sewers or ducts through the streets or public grounds of the city, and through any place, or places whatsoever, when it may be deemed expedient by the said council. The ownership of any land included in any street that is closed shall be in accord with general law. The said council may have over any street or alley in the city, which has been, or may be ceded to the city, like authority as over streets or alleys, and may prevent or remove any structure, obstruction or encroachment over, or under, or in a street or alley, or any sidewalk thereof.
Second. Same—Obstructions; cleaning sidewalks. To prevent the cumbering of the streets, avenues, walks, public squares, lanes, alleys, or bridges in any manner whatsoever; to compel the occupant or owner of buildings or grounds to remove snow, dirt or rubbish from the sidewalks in front thereof.
Third. Fires and fire prevention. To extinguish and prevent fires, prevent property from being stolen, and to compel citizens to render assistance to the fire department in case of need, and to establish, regulate and control a fire department for said city; to regulate the size of materials, and construction of buildings hereafter erected, in such manner as the public safety and convenience may require; to remove, or require to be removed, any building, structure, or addition thereto which, by reason of dilapidation, defect of structure, or other causes, may have, or shall, become dangerous to life or property, or which may be erected contrary to law; to establish and designate from time to time fire limits, within which limits wooden buildings shall not be constructed, removed, added to or enlarged, and to direct that all future buildings within such limits shall be constructed of stone, natural or artificial, concrete, brick or iron.
Fourth. Breadth of tires on vehicles. To regulate and prescribe the breadth of tires upon the wheels of wagons, carts, and vehicles of every kind and description used upon the streets of said city.
Fifth. Preservation of health; hospitals; births and deaths. To provide for the preservation of the general health of the inhabitants of said city, make regulations to secure the same, prevent the introduction or spreading of contagious or infectious diseases, and prevent and suppress diseases generally; to provide and regulate hospitals within or without the city limits, and to enforce the removal of persons afflicted with contagious or infectious diseases to hospitals provided for them; to provide for the appointment and organization of a board of health or other board to have the powers of a board of health for said city, with the authority necessary for the prompt and efficient performance of its duties, with power to invest any or all the officials or employees of such department of health with such powers as the officers of the city have; to regulate the burial, cremation, or disposition of the dead; to compel the return of births and deaths to be made to its health department, and the return of all burial permits to such department.
Sixth. Cemeteries. To acquire by purchase, condemnation, or otherwise, either within or without the city, lands to be appropriated, improved and kept in order as places for the interment of the dead, and may charge for the use of the grounds in said places of interment, and may regulate the same; to prevent the burial of the dead in the city, except in public burying grounds; to regulate burials in said grounds; to require the keeping and return of bills of mortality by the keepers (or owners) of all cemeteries, and shall have power within the city to acquire by purchase, condemnation, or otherwise, such lands, and in such quantity as it may deem proper or necessary for the purpose of burying the dead; provided, however, that no part of such cemeteries, when established or enlarged, shall be within one hundred feet of any residence without the consent of the owner of the legal and equitable title of such residence, and provided further, that the provisions of Code of Virginia, [2] chapter 176, as now existing or hereafter amended, for condemnation of land thereunder so far as applicable shall apply to condemnation proceedings by the city hereunder.
The title to any land acquired by condemnation hereunder shall vest in the City of Charlottesville.
Seventh. Quarantine. To establish a quarantine ground within or without the city limits, and such quarantine regulations against infectious and contagious diseases as the said council may see fit, subject to the laws of the state, and of the United States.
Eighth. Nuisances, etc. To require and compel the abatement and removal of all nuisances within the said city, or upon any property owned by said city, without its limits, at the expense of the person or persons causing the same, or the occupant or owner of the ground whereon the same may be; to prevent and regulate slaughterhouses, and soap and candle factories within said city, or the exercise of any dangerous, offensive or unhealthy business, trade or employment therein; to regulate the transportation of all articles through the streets of the city; to compel the abatement of smoke and dust; to regulate the location of stables, and the manner in which they shall be constructed and kept.
Ninth. Stagnant water or offensive substances on property. If any ground in the said city shall be subject to be covered by stagnant water, or if the owner or occupant thereon shall permit any offensive or unwholesome substance to remain or accumulate thereon, the said council may cause such ground to be filled up, raised, or drained, or may cause such substance to be covered or removed therefrom, and may collect the expense of so doing from the said owner or occupant by distress or sale, in the same manner in which taxes levied upon real estate for the benefit of said city are authorized to be collected; provided, that reasonable notice shall be first given to the said owner or occupant or his agent. In case of nonresident owners, who have no agent in said city, such notice may be given by publication for not less than ten days, in any newspaper published in said city, such publication to be at the expense of said owner, and cost thereof to be collected as a part of the expense hereinbefore provided for.
Tenth. Explosives and inflammables; carrying concealed weapons. To direct the location of all buildings for storing gunpowder or other explosives or combustible substances; to regulate or prohibit the sale and use of dynamite, gunpowder, firecrackers, kerosene oil, gasoline, nitroglycerine, camphene, burning fluid, and all explosives or combustible materials, the exhibition of fireworks, the discharge of firearms, the use of candles and lights in barns, stables and other buildings, the making of bonfires and the carrying of concealed weapons.
Eleventh. Animals and fowl generally. To prevent the running at large in said city of all animals and fowl, and to regulate and prohibit the keeping or raising of the same within said city, and to subject the same to such confiscation, levies, regulations and taxes as it may deem proper.
Twelfth. Use of streets; abuse of animals. Insofar as not prohibited by general law, to prevent the riding or driving of animals at improper speed, to regulate the speed and manner of use upon the streets of said city of all animals or vehicles; to prevent the flying of kites, throwing of stones, or the engaging in any employment or sport in the streets or public alleys, dangerous or annoying to the public, and to prohibit and punish the abuse of animals.
Thirteenth. Drunkards, vagrants and beggars. To restrain and punish drunkards, vagrants, mendicants and street beggars.
Fourteenth. Offenses generally. To prevent vice and immorality; to preserve public peace and good order; to prevent and quell riots; disturbances and disorderly assemblages; to suppress houses of ill fame, and gaming houses; to prevent lewd, indecent or disorderly conduct or exhibitions in the city, and to expel from said city persons guilty of such conduct.
Fifteenth. [Repealed by Acts 1972, Chapter 184.]
Sixteenth. Ordinances necessary for general welfare; effect on other powers. And the said council shall also have power to make such other and additional ordinances as it may deem necessary for the general welfare of said city; and nothing herein contained shall be construed to deprive said city of any of the powers conferred upon it, either by general or special laws of the State of Virginia, except insofar as the same may be inconsistent with the provisions of this Charter.
Seventeenth. Official bonds. Said council shall have power to require and take from such officers and employees, as they may see fit, bonds with security and in such penalty as they may prescribe, which bonds shall be made payable to the city by its corporate name, and conditioned for the faithful discharge of their duties; such bonds shall be filed with the clerk of the council.
Eighteenth. Gas works, waterworks and electric light works. Said council shall have power to erect, or authorize or prohibit the erection of gas works, waterworks, or electric light works, in or near the city, and to regulate the same.
Nineteenth. Pollution of water. To prohibit the pollution of water which may be provided for the use of the city.
Twentieth. Additional and incidental powers; jurisdiction beyond corporate limits. To pass all bylaws, rules and ordinances, not repugnant to the constitution and laws of the state, which they may deem necessary for the good order and government of the city, the management of its property, the conduct of its affairs, the peace, comfort, convenience, order, morals, health, and protection of its citizens or their property, including authority to keep a city police force; and to do such other things, and pass such other laws as may be necessary or proper to carry into full effect any power, authority, capacity, or jurisdiction, which is, or shall be granted to, or vested in said city, or officers thereof, or which may be necessarily incident to a municipal corporation; and to enable the authorities of said city more effectually to enforce the provisions of this section, and any other powers conferred upon them by this Charter, their jurisdiction, civil and criminal, is hereby declared to extend one mile beyond the corporate limits of said city.
Twenty-first. Floating debt for installing or extending utilities. To create a floating debt not exceeding two hundred thousand dollars when, by a vote of the total membership of the council, the council has passed a resolution declaring it expedient to do so, and when the creating of the floating debt thereby provided for is for the purpose of installing, or extending, one or more public utilities, which constitute an asset, or assets, at least equal in value to the amount expended thereon, which utility, or utilities, shall materially add to the service rendered by the city to its taxpayers and other citizens; and it shall be the duty of the council to provide in the next bond issue for the bonding of the floating debt thus created, and failure to do this shall suspend this clause.
(Acts 1950, Ch. 413; Acts 1972, Ch. 184)
Effect of amendments— The 1950 amendment increased the amount of floating debt authorized by paragraph 21 from $100,000 to $200,000.
The 1972 amendment rewrote paragraphs 1 and 17 and repealed paragraph 15.
Before the Charlottesville Redevelopment and Housing Authority undertakes any public housing project within the city it shall obtain the approval of the council on each construction site, as hereinafter set forth. The application for approval shall have a plat, certified by a registered surveyor or engineer, or a plat prepared from the current city land book showing city parcel numbers of the land concerned and attested by the city assessor, attached to and made a part of such application. The plat shall identify the proposed site and show the proposed development of the site.
The council shall advertise for at least two weeks in a newspaper published in the city that the authority has applied for the approval of the council under this section and shall give notice therein of the time and place for a hearing on such request, which hearing shall be at least thirty days from the date of the first advertisement. The council may approve such application following such hearing.
(Acts 1960, Ch. 230; Acts 1962, Ch. 332; Acts 1970, Ch. 93; Acts 1973, Ch. 359)
Effect of amendments— The 1960 Act added this section.
The 1962 amendment completely rewrote the first paragraph of this section and made numerous changes in the second paragraph.
The 1970 amendment added a sentence repealed by the 1973 amendment.
The 1973 amendment eliminated voter authority to petition for a referendum on applications for approval of public housing projects.
After the effective date hereof [March 30,1962], it shall be unlawful to introduce fluorine, or sodium fluoride, or any compound or combination thereof into the city's public water system un- less the voters of the city approve the same in areferendum called and held under Code [of[Virginia], [3] section 24-141, as amended; such ref-erendum to be initiated by a petition seeking introduction of such chemicals filed with the council as hereinafter set forth. The petition shall be signed by qualified voters equal in number to ten per centum of the largest number of votes cast in any general or primary election held in the city during the five years immediately preceding, each signature to which has been witnessed by a person whose affidavit to that effect is attached to the petition. If a majority of the voters voting in the election approve, fluorine, sodium fluoride, or a compound thereof may be added to such water supply; but, if a majority so voting, vote against them then neither fluorine, sodium fluoride, nor any compound thereof shall be added to such water supply system. If a referendum is held hereunder another referendum thereon shall not be held until the expiration of two years.
(Acts 1962, Ch. 332)
Effect of amendment— The 1962 Act added this section.
The council may also borrow money in anticipation of the collection of the taxes and revenues in the city, in the amount or amounts not exceeding two hundred thousand dollars at any one time. The council may issue negotiable notes or other evidences of debt for all money borrowed under this section. Such notes or other evidences of debt may be renewed from time to time, but all such notes or other evidences of debt shall mature within twelve months. No money shall be borrowed under this section at a rate of interest exceeding six percent per annum, and it shall be the duty of the council to provide in the next bond issue for the bonding of the floating debt thus created.
(Acts 1950, Ch. 413)
Effect of amendment— The 1950 amendment increased the maximum amount which may be borrowed at any one time from $100,000 to $200,000.
Local assessments upon abutting landowners for making and improving the sidewalks upon the streets and improving and paving the alleys, and for either the construction or for the use of sewers, may be imposed not in excess of the peculiar benefits resulting therefrom to such abutting landowner. And the same shall be regulated as prescribed by the general laws.
To carry into effect the powers herein enumerated, and all other powers conferred upon said city and its council by the laws of Virginia, said council shall have power to make and pass all proper and needful orders, by-laws, and ordinances not contrary to the Constitution and laws of said state, and to prescribe reasonable fines and penalties, including imprisonment in the city jail, which fines, penalties or imprisonment shall be imposed, recovered and enforced by and under the civil and police justice (judge of the municipal court). The city may maintain a suit to restrain by injunction, the violation of any ordinance, notwithstanding such ordinance may provide punishment for its violation. In all cases where a fine or imprisonment is imposed by the civil and police justice (judge of the municipal court), or by the council, the party or parties so fined or imprisoned shall have the right of appeal to the corporation [circuit] court of said city. All fines imposed for the violation of the city Charter, by-laws, or ordinances, shall be paid into the city treasury.
(Acts 1972, Ch. 184)
Effect of amendment— The 1972 amendment deleted a ninety day limitation on imprisonment and added "(judge of the municipal court)" following civil and police justice in the second and third sentences.
Editor's note— The "civil and police justice (judge of the municipal court)" referred to in this section is now the judge of the district court.
Each councilman, and the civil and police justice of said city, for the time being, are declared to be, and are hereby, constituted conservators of the peace within said city, and within one mile from the corporate limits thereof, and shall have all the powers and authority, in civil, as well as in criminal cases, as justices of the peace. And the chief of police and the policemen of the city shall also be conservators of the peace within the limits aforesaid, and all proper arrests may be made and warrants of arrest executed by such chief of police and policemen.
Editor's note— The civil and police justice mentioned in this section is now the judge of the district court. The office of justice of the peace has been abolished and replaced by the magistrate system. See Code of Virginia, § 19.2-26 et seq.
At least thirty days prior to the time when the annual tax levy or any part thereof is made, the council shall cause to be prepared a budget containing a complete itemized and classified plan of all proposed expenditures and all estimated revenues and borrowing for the ensuing appropriation year. Opposite each item of the proposed expenditures the budget shall show in separate parallel columns, the amount appropriated for the preceding appropriation year; the amount expended during that year, the amount appropriated for the current appropriation year and the increases and decreases in the proposed expenditures for the ensuing year as compared to the appropriation for the current year. This budget shall be accompanied by an itemized and complete financial balance sheet at the close of the last preceding appropriation year.
A brief synopsis of the budget shall be published in a newspaper published in the City of Charlottesville and notice given of at least one public hearing at least fifteen days prior to the date set for the hearing, at which any citizen of the said City of Charlottesville shall have the right to attend and state his views thereon. After such hearing is had, the council shall by appropriate order adopt and enter on the minutes thereof a synopsis of a budget covering all expenditures for the next appropriation year hereinbefore required. The said council shall order a city levy of so much money as in its discretion shall be sufficient to meet all just demands against the city.
State Law reference— Municipal budgets, Code of Virginia, § 15.1-159.8 et seq.
In order to execute its powers and duties and to meet the wants and purposes of the city, the council is hereby vested with power and authority to levy taxes upon persons, property, real and personal, privileges, businesses, trades, professions and callings and upon such other subjects of taxation and in such amounts as the council shall deem necessary and proper to provide such sums of money as they shall deem expedient without limitation as to subject, except such as may be expressly provided by general laws or constitutional provision and without limitation as to rate except such as may be provided by the Constitution of this state.
Taxes assessed against real estate subject to taxes shall be a lien on the property and the name of the person listed as owner shall be for convenience in collection of taxes. The lien for taxes shall not be limited to the interest of the person assessed but shall be on the entire fee simple estate. There shall be no lien when for any year the same property is assessed to more than one person and all taxes assessed against the property in one of the names have been paid for that year.
When taxes are assessed against land in the name of a life tenant or other person owning less than the fee or owning no interest, the land may be sold under the provisions of Code of Virginia, 1950, sections 58-1014 to 58-1020, 58-1101 to 58-1108, 58-762, as amended, or other laws for the sale of land for delinquent taxes provided the owner of record or his heirs be made parties to the proceeding for sale which may be instituted any time after December fifth of the year in which the taxes are assessed.
(Acts 1948, Ch. 124; Acts 1950, Ch. 413; Acts 1958, Ch. 111)
Effect of amendments— The 1948 amendment rewrote this section.
Prior to the 1950 amendment the first paragraph concluded with the words "without limitation as to subject or rate except such as may be provided by the laws of this state and of the United States."
The 1958 amendment added the last two paragraphs in this section.
Editor's note— The references to the Code of Virginia contained in the third paragraph above are obsolete. See now, the appropriate sections of title 58.1.
The council may each year make appropriation out of the city revenues of an amount not exceeding three cents on each one hundred dollars of the assessed value of the property in the city assessed for taxation for use in purposes which will, in the judgment of the council, advertise the city.
State Law reference— Expenditures for promoting resources and advantages of city, Code of Virginia, § 15.1-10.
License taxes may be imposed by ordinance on businesses, trades, professions and callings and upon the persons, firms, associations and corporations engaged therein and the agent thereof without limitation as to subject or rate except such as may be provided by the Constitution of this state and the Constitution of the United States.
License taxes not inconsistent with general law may be imposed upon vehicles using the streets of the city, and the council may prescribe a schedule of charges for vehicles using said streets for hire.
(Acts 1950, Ch. 413)
Effect of amendment— The 1950 amendment rewrote that portion of the section which follows the words "and the agent thereof."
State Law reference— Local license taxes, Code of Virginia, § 58.1-3700 et seq.
The revenue from these and other sources shall be collected, paid over, and accounted for at such times and to such persons as the council shall order, and pursuant to such ordinance as now exists or may hereafter be passed by the council. The city treasurer shall be the custodian of all the funds of the city.
At the end of each fiscal year and at such additional times as the council may direct, the council shall require the director of finance of the said corporation to make out a report of the receipts and expenditures, together with a balance sheet of said city for the preceding period, which report shall state on what account the expenditures were made, and from what source or sources the receipts were derived, which report when approved by the council, or in such manner as the council may direct, shall be published in one or more newspapers of the city within sixty days after the close of the period for which the report is presented.
(Acts 1972, Ch. 184)
Effect of amendment— The 1972 amendment changed the time for the report from quarterly to the end of the fiscal year and such other times as the council may direct.
The council of said City of Charlottesville is hereby authorized to make and issue the registered or coupon bonds of said corporation, payable not exceeding forty years after their date, bearing interest at not more than five per centum per annum, payable semiannually; said bonds to be used exclusively in paying off and discharging the principal and interest of the present bonded debt of the corporation of Charlottesville. The said council shall not be authorized to dispose of such bonds at less than par value, except by a recorded affirmative vote of all the members elected to the council. Said registered and coupon bonds shall be regularly numbered, signed by the mayor, clerk and treasurer of the city, and recorded in a book kept for that purpose.
To provide for the payment of the bonded debt of the city there shall be set apart annually by the council from the revenues of the city such sum as will be sufficient to meet each issue of bonds, either heretofore or hereafter issued, as the same shall become due, except that for any issue of bonds a definite amount of which is payable annually and known as serial bonds, no sum shall be so provided; but for such serial bonds the council shall make in their annual budget definite provision for their payment. The funds thus set apart shall be paid in two equal installments on the first day of January and the first day of July in each year, to the sinking fund commissioners hereafter designated, and shall, together with the accretions thereto arising from interest on investments et cetera, be known as the sinking fund, and be held sacred for the payment of the debt of the city as it shall become due; and if no part of said debt be due or payable, said fund shall be invested in the bonds or certificates of debt of said city, or of this state, or the United States, or of some state of this union, or any other securities which under the laws of the State of Virginia are designated and approved for the investment of fiduciary funds; said fund shall, in the hands of the treasurer, as to all questions of investments, purchase or sale within the limitations of this section, be subject to the orders and the management of the mayor, chairman of the finance committee of the council, director of finance and treasurer, who together shall compose the sinking fund commission.
The council of said city may negotiate any loan or loans for the purpose of improving the streets, lighting the same, buying necessary real estate, erecting public buildings, supplying the city with water, sewerage, and for other purposes; and shall have authority to issue registered and coupon bonds, as well as serial, registered and coupon bonds, for the said loan or loans, payable not more than forty years after the date of said bonds, and said bonds shall bear interest payable semiannually; provided, that the council shall not negotiate such loan or loans, and issue bonds therefor, for sums which when added to the debt of the city then existing, shall cause the total indebtedness of the city to be greater than eighteen per centum of the assessed valuation of the real estate of the city subject to taxation, as shown by the last preceding assessment for taxes; provided, however, that in determining the limitation of the power of the city to incur indebtedness, there shall not be included the classes of indebtedness mentioned in subsections (a) and (b) of section 127 of the Constitution of the state. Whenever the question of the issuance of any bonds of said city is required by the Constitution of Virginia or by the action of the council of said city to be approved by the affirmative vote of a majority of the qualified voters of the city who vote upon the question of their issuance, such majority shall also include a majority of the votes cast by those taxpayers of the city at such election who pay a tax on real or personal property assessed at five hundred dollars or more. Such election shall be held and conducted in accordance with the law of Virginia regarding elections by the people.
(Acts 1950, Ch. 413; Acts 1970, Ch. 93)
Effect of amendments— The 1950 amendment rewrote that portion of the section which relates to the bond elections.
The 1970 amendment removed the five percent interest rate limitation.
Editor's note— The reference in this section to subsections (a) and (b) of section 127 of the state Constitution is a reference to the 1902 Constitution. For provisions of the 1971 Constitution exempting certain bonds from the 18% debt limitation, see Va. Const., art. VII, § 10.
The rights of the city in its gas, water and electric works, and sewer plant, now owned, or hereafter acquired, shall not be sold even after such action of the council as is prescribed by Code of Virginia of 1919, [4] section 3016, until and except such sale shall have been approved by a majority of the qualified voters of the city, voting on the question at a special election ordered by the council and subject in other respects to the provisions of section 24 [27] of this Charter applicable to a special election.
The city sheriff shall attend the terms of the corporation [circuit] court of said city and shall act as the officer thereof; the said sheriff may appoint one or more deputies, who may be removed from office by the sheriff, and may discharge any of the duties of the office of sheriff, but the sheriff and his sureties shall be liable therefor. The city sheriff shall also have all power and authority and perform all duties imposed by general law upon sheriffs and constables of cities.
(Acts 1972, Ch. 184)
Effect of amendment— The 1972 amendment changed "sergeant" to "sheriff."
The officers of said city elected or appointed by the council shall, during the time they are in office have all the power and authority of like officers in the state under its general laws, unless the same be abridged or restricted by the council.
The mayor or the council may prohibit any theatrical or other performance, show or exhibition within said city or a mile of its corporate limits, which may be deemed injurious to morals or good order.
[Repealed by Acts 1972, Chapter 184.]
The judge of the municipal court of said city, and substitute judge of said court, shall each be appointed for a term of four years by the judge of the corporation court of the City of Charlottesville, except that the term commencing on January 1, 1974, shall expire June 30, 1974. Said judges shall have such jurisdiction as is provided by general law; they shall receive no fees for services as judge or substitute judge, but all such fees shall be turned into the city treasury. The judge shall also have jurisdiction of and try violations of the city ordinances, and inflict such punishment as may be prescribed for a violation of the same. The judge shall have authority to issue his warrant for the arrest of any person or persons violating any of the ordinances, acts or resolutions of said city; it shall be his duty especially to see that peace and good order are preserved, and persons and property are protected in the city; he shall have power to issue executions for all fines and costs imposed by him or he may require the immediate payment thereof. The judge shall hold his court daily, except Saturday and Sunday, at the place prescribed by the council. If from any cause the judge of said court shall be unable to act, the substitute judge shall discharge the duties prescribed herein during such inability. The judge and substitute judge shall receive a salary for their services, to be fixed and paid by the council.
All papers connected with any civil action or proceeding in the municipal court of this city, except those in actions or proceedings (1) in which no service of process is had, (2) which are removed or appealed, and (3) in which the papers are required by law to be sooner returned to the clerk's office of a court of record, shall be properly indexed, filed and preserved in the municipal court of the city.
The power of appointment, in the judge of the corporation court of the City of Charlottesville, shall become effective January 1, 1966, at the expiration of the term of the present incumbent.
(Acts 1964, Ch. 137; Acts 1972, Ch. 184; Acts 1973, Ch. 22)
Editor's note— Effective July 1, 1973, municipal courts of Virginia cities were abolished and replaced by district courts. See Code of Virginia, § 16.1-69.1 et seq.
The salaries of all officers who receive stated compensation for their services from the city shall be fixed by the council.
The council shall fix by ordinance the time for holding their stated meetings and no business shall be transacted at a special meeting, unless by unanimous consent, except that for which it shall have been called, and every call for a special meeting shall specify the object thereof.
The regulation and restrictions for granting any franchise in the city shall be such as are provided by the general law.
State Law reference— Franchises generally, Code of Virginia, §§ 15.1-307—15.1-316.
All monies belonging to said city shall be paid over to the treasurer, and no money shall be by him paid out except as the same shall have been appropriated and ordered to be paid by the council, and the said treasurer shall also pay the same upon warrants approved in such manner as may be prescribed by ordinance of the council.
If the said treasurer shall fail to account for and pay over all of the monies that shall come into his hands when thereto required by the council, it shall be lawful for the council, in the corporate name of the city, by motion before any court of record having jurisdiction in the City of Charlottesville, to recover from the treasurer and his sureties, or their personal representatives, any sum that may be due from said treasurer to said city on ten days' notice.
All fines imposed for any violation of any city ordinance or state law shall be collected by the clerk of the civil and police justice [district] court; and if said clerk shall fail to collect, account for, and pay over all the fines in his hands for collection, it shall be lawful for the council to recover the same, so far as the same are accruing to the city, by motion, in the corporate name of the city, before the corporation [circuit] court of said city, against the said clerk, his sureties on his said bond, or any or either of them, his or their executors or administrators, on giving ten days' notice of the same.
The council shall have power to make such ordinances, by-laws, orders and regulations as they may deem necessary to prevent dogs, hogs and other animals from running at large in the limits of the city, and may subject the owners thereof to such fines, regulations and taxes as the council may deem proper, and may sell said animals at public auction to enforce the payment of said fines and taxes; and may order such dogs, as to which there is default, to be killed by a policeman or constable.
The city shall not take or damage any private property for streets, or other public purposes, without making to the owner, or owners, thereof just compensation for the same. But in all cases where the city council cannot by agreement obtain title to the ground necessary for such purposes, it shall be lawful for it to apply to the circuit court of the county in which the land shall be situated, or to the proper court of the city having jurisdiction of such matters, if the subject lie within the city, to condemn the same.
In every case where a street in said city has been or shall be encroached upon by any fence, building or otherwise, the city council may require the owner or owners, if known, and if unknown the occupant or occupants of the premises so encroaching to remove the same. If such removal shall not be made within the time ordered by the city council, it may impose a penalty of five dollars for each and every day that it is allowed to continue thereafter, and may cause the encroachment to be removed, and collect from the owner all reasonable charges therefor, with cost, for which there shall be a lien on the premises so encroaching, which lien may be enforced in a court of equity having jurisdiction of the subject. No encroachment upon any street, however long continued, shall constitute an adverse possession thereto, or confer any right upon the person claiming thereunder as against said city.
No action shall be maintained against the said city for damages for an injury to any person or property alleged to have been sustained by reason of the negligence of the city, or any officer, agent or employee thereof, unless a written statement of the claimant, his agent or attorney, of the nature of the claim and of the time and place at which the injury is alleged to have occurred or been received shall have been filed, as provided by general law.
(Acts 1972, Ch. 184)
Effect of amendment— The 1972 amendment deleted the requirement that the statement of the claimant be certified by oath.
State Law reference— Notice requirements of general law, Code of Virginia, § 8.01-222.
All rights, privileges and properties of the City of Charlottesville heretofore acquired and possessed, owned and enjoyed by any act now in force, not in conflict with this act, shall continue undiminished and remain vested in said city under this act; and all laws, ordinances and resolutions of the corporation of Charlottesville now in force, and not inconsistent with this act, shall be and continue in full force and effect in the City of Charlottesville, until regularly repealed.
The corporation court of the City of Charlottesville shall remain as it now exists and be held by the city judge at such times as are, or may be, designated by law, and the jurisdiction of said court shall be such as is now prescribed; provided, of course, that the power to abolish said court in accordance with the Constitution of the state is in no way hereby affected. And the City of Charlottesville shall remain a part and parcel of the same legislative and senatorial district to which it now belongs.
Editor's note— Corporation courts have been abolished and replaced by the circuit courts. See Code of Virginia, § 17-116.1. The city is now a part of the sixteenth judicial circuit. See Code of Virginia, § 17-119.1:1.
The City of Charlottesville shall constitute a single school district. The school board of the city shall consist of seven members to be appointed by the council and there shall be at least one member from each ward of the city. The council shall appoint three members of the board to serve for a term of three years, two members to serve for a term of two years, and two members to serve for a term of one year from July 1, 1948, and all subsequent appointments shall be for a term of three years. Vacancies occurring otherwise than by expiration of the term of office shall be filled by the council for the unexpired term. No member shall be eligible to serve more than three successive full three year terms. The board shall have all powers and perform all duties granted to and imposed upon school boards of cities by general law.
(Acts 1948, Ch. 124)
Effect of amendment— The 1948 act added this section.
State Law reference— School boards, Code of Virginia, § 22.1-48 et seq.
The corporate authorities of said city be, and they are hereby, authorized and empowered to erect suitable dams and reservoirs, and to lay suitable pipes to supply said city with an adequate supply of water, and to establish and construct a sewerage system for said city; and for such purpose to acquire, either by purchase or by condemnation, according to the provisions of the general law for the condemnation of lands by incorporated cities, such lands and so much thereof as may be necessary for the aforesaid purposes.
All elections under this Charter shall conform to the general law of the state in regard to elections by the people.
State Law reference— Elections, Code of Virginia, § 24.1-1 et seq.
The property now belonging to the County of Albemarle within the limits of the City of Charlottesville shall be within and subject to the joint jurisdiction of the county and city authorities and officers, and shall not be subject to taxation by the authorities of either county or city; and if the county and city aforesaid cannot agree upon the terms of joint occupancy and use of such property in regard to which settlements may not have already been effected, the right of said city to such joint occupancy and use being hereby recognized, then the board of arbitration herein provided for shall determine the terms of such joint occupancy and use, and said board of arbitration shall determine what rights, if any, the city aforesaid has in all other county property; but this is subject to the recognition of the right of the city, as well as the county (through the district school board or otherwise) in the school property in Charlottesville school district; and nothing herein contained shall affect the rights of the inhabitants of said city to participate in the benefits of the Miller Manual Labor School in the Samuel Miller District in said county.
A board of arbitrators composed of three members, one to be selected by the board of supervisors of Albemarle County, one by the council of Charlottesville, and they to choose a third, is hereby established, whose duty it shall be to adjust and decide the matters hereinbefore submitted to them, and all such other questions as may arise between said city and county, growing out of the extension of the corporation limits, and the establishment of a city government. The awards of said arbitrators shall be entered upon the records as the judgments of the city court or the county circuit court, as the arbitrators may designate.
And it is further provided that the same person shall be eligible to and, if elected, may hold a county office and a city office, if the said offices be of the same nature, at the same time; provided, such officer lives within the city limits; and any person otherwise qualified, who is a resident of the City of Charlottesville, shall be eligible to election or appointment to any county office of Albemarle County.
The powers set forth in Code of Virginia, sections 15.1-837 through 15.1-907 as in force on January 1, 1970, are hereby conferred on and vested in the City of Charlottesville, Virginia. Should the powers granted by this section conflict with any provision contained in Chapter 384 of the Acts of Assembly of 1946, approved March 28, 1946, as amended [this Charter], then the provisions contained in this section shall control; provided, however, that in no event shall such a conflict be held to reduce or limit any powers heretofore possessed by the City of Charlottesville pursuant to Chapter 384 of the Acts of Assembly of 1946, approved March 28, 1946, as amended.
(Acts 1962, Ch. 56; Acts 1964, Ch. 137; Acts 1970, Ch. 93)
Effect of amendments— The 1962 act added this section.
The 1964 amendment added the references to title 15.1 of the Code of Virginia.
The 1970 amendment deleted references to certain individual sections of title 15.1 and adopted all sections from 15.1-837 through 15.1-907.
(a)
Search warrants. In addition to the means and conditions under which search warrants may be issued pursuant to provisions of general law, a justice of the peace [magistrate], or a judge of any court having jurisdiction of the trial of cases to whom complaint is made, if satisfied that there is a reasonable cause therefor, shall issue a warrant to search specified places for the following conditions: Violations of ordinances of the City of Charlottesville related to health and safety, of persons and property including violations of ordinances concerning minimum housing standards, health and sanitation regulations, and Plumbing, Building, and Fire Prevention Codes.
A search warrant issued pursuant to the authority granted in this Charter section shall be directed to persons charged with the responsibility of enforcing state statutes and local ordinances relating to health and safety of persons and property and shall command such person to search the place or places described therein for violations of state statutes and local ordinances relating to health and safety of persons and property.
(b)
Affidavit preliminary to issuance of search warrants. No search warrant shall be issued until there is filed with the officer authorized to issue the same an affidavit of some person reasonably describing the area, house, place, vehicle or baggage to be searched, the things or conditions to be searched for thereunder, alleging briefly material facts, constituting the probable cause for the issuance of such warrant and alleging substantially the offense or group of potential offenses in relation to which such search is to be made. Facts which may be pertinent are
(1)
department or board experience showing the need of periodic area inspections,
(2)
the pattern of the last inspections made, and
(3)
department or board judgment that an inspection is now needed, particularly in light of the time elapsed since the last inspection.
Such affidavit shall be certified by the clerk of the corporation [circuit] court of the City of Charlottesville and shall by said clerk be preserved as a record and shall at all times be subject to inspection by the public. For the purposes of this section, probable cause shall be satisfied upon the showing of the reasonableness of a need to conduct periodic area-wide inspections with respect to health and safety of persons and property.
(Acts 1970, Ch. 93)
Effect of amendment— The 1970 act added this section.
General provisions of law notwithstanding, the planning commission and members of boards or agencies appointed by city council, the mayor, or by the city manager, who serve without pay and who serve only for the purpose of making studies or recommendations, or advising or consulting with city council, shall not be prohibited from such service merely because they contract directly or indirectly with the city. Any such member of an advisory board or agency who knows, or may reasonably be expected to know, that he has a material financial interest in any transaction in which the agency of which he is an officer or employee is or may be in any way concerned, shall disclose such interest and disqualify himself from voting or participating in any official action thereon in behalf of such agency. If disqualifications in accordance with this section leave less than the number required by law to act, the remaining member or members shall have authority to act for the agency by majority vote, unless a unanimous vote of all members is required by law in which case authority to act shall require a unanimous vote of remaining members.
(Acts 1970, Ch. 93)
Effect of amendment— The 1970 act added this section.
Notwithstanding any provision of law to the contrary, the terms of all the commissioners of the Charlottesville Redevelopment and Housing Authority shall terminate on June thirty, nineteen hundred seventy-eight; and thereafter there shall be not less than five nor more than seven members of the Board of Commissioners.
Commissioners shall hold their offices at the pleasure of council for terms not to exceed four years; provided, that the city council may at any time, and from time to time, adopt an ordinance terminating the terms of all the commissioners and designating one or more council members as commissioners of the Charlottesville Redevelopment and Housing Authority. The remaining members of the Board, if any, shall be appointed by council from the public at large. The Board shall possess all powers and duties granted to or imposed upon redevelopment and housing authorities by general law; provided that notwithstanding any other provision of law to the contrary, a city council member shall receive no compensation for serving as a commissioner of such Authority, nor shall he continue to serve as a commissioner after he ceases to be a member of city council.
(Acts 1978, Ch. 709; Acts 1990, H.B. No. 34, § 1)
Effect of amendment— The 1978 act added this section and the 1990 act amended it to read as set out above.
A.
The city council by ordinance may prohibit or regulate loud, disturbing or excessive noises originating within its jurisdiction. Such ordinance may prescribe the decibel levels, degrees or types of sound which are unacceptable within the city limits, but the ordinance must exempt from its prohibitions during the daytime (6:00 a.m. to 10:00 p.m.) the following:
1.
Band performances or practices, athletic contests or practices and other school-sponsored activities on the grounds of public or private schools or the University of Virginia.
2.
Athletic contests and other officially sanctioned activities in city parks.
3.
Activities related to the construction, repair, maintenance, remodeling or demolition, grading or other improvement of real property.
4.
Gardening, lawn care, tree maintenance or removal and other landscaping activities.
5.
Church bells or carillons.
6.
Religious or political gatherings and other activities protected by the First Amendment of the United States Constitution.
7.
Activities for which the regulation of noise has been preempted by federal law.
8.
Public and private transportation, refuse collection and sanitation services.
B.
The decibel level of any such noise may be measured by the use of a sound level meter which measures sound pressure levels. Such measurements shall be accepted as prima facie evidence of the level of noise at issue in any court or legal proceeding. The accuracy of the sound level meter may be tested by a calibrator. In any court or legal proceedings in which the accuracy of the calibrator is in issue, the court shall receive as evidence a sworn report of the results of any test of the calibrator for accuracy. Such report shall be considered by the court or jury in determining guilt or innocence.
C.
Any individual operating a sound level meter pursuant to the provisions of this section and the local noise ordinance shall issue a certificate which will indicate:
1.
that the sound level meter used to take the decibel level reading was operated in accordance with the manufacturer's specifications;
2.
that the city has on file a sworn report which states that the sound level meter has been tested within the past twelve months and has been found to be accurate;
3.
the name of the accused;
4.
the location of the noise;
5.
the date and the time that the reading was made; and
6.
the decibel level reading.
The certificate, as provided for in this section, when duly attested by the operator taking the decibel level reading, shall be admissible in any court in any criminal or civil proceeding as evidence of the facts therein stated and of the decibel level reading. A copy of such certificate shall be delivered to the accused upon his or his attorney's request.
(Acts 1989, Ch. 122, § 1)
Effect of amendment— The 1989 act added this section.
A.
Notwithstanding the provisions of any state law which authorize civil penalties for the violation of a local zoning ordinance, City Council may adopt an ordinance which establishes a civil penalty for the demolition, razing or moving of a building or structure without approval by the board of architectural review or City Council, when such building or structure is subject to the City's historic preservation zoning ordinance. The penalty established by the ordinance shall be imposed on the party deemed by the court to be responsible for the violation and shall not exceed twice the fair market value of the building or structure, as determined by the city real estate tax assessment at the time of the demolition.
B.
An action seeking the imposition of such a penalty shall be instituted by petition filed by the city in circuit court, which shall be tried in the same manner as any action at law. It shall be the burden of the city to show the liability of the violator by a preponderance of the evidence. An admission of liability or finding of liability shall not be a criminal conviction for any purpose. The filing of any action pursuant to this section shall preclude a criminal prosecution for the same offense, except where the demolition, razing or moving has resulted in personal injury.
C.
The defendant may, within twenty-one days after the filing of the petition, file an answer and without admitting liability, agree to restore the building or structure, as it existed prior to demolition. If the restoration is completed within the time agreed upon by the parties, or as established by the court, the petition shall be dismissed from the court's docket.
D.
Nothing in this section shall preclude action by the zoning administrator under Virginia Code, section 15.1-491(d) or by the governing body under Virginia Code, section 15.1-499, either by separate action or as a part of the petition seeking a civil penalty.
(Acts 1990, S.B. No. 17, § 1)
Effect of amendment— The 1990 act added this section.
In addition to the powers granted by other sections of this Charter and any other provision of law, the City shall have the power:
(a)
To make grants and loans of funds to low- or moderate-income persons to aid in the purchase of any land, building, dwelling, or dwelling unit in the City; and to offer real estate tax deferral to low- or moderate-income persons who own any land, building, dwelling, or dwelling unit within the City. The City shall offer private lending institutions the opportunity to participate in local loan programs established pursuant to this subsection; and
(b)
To make grants of funds to owners of dwellings or dwelling units in the city for the purpose of subsidizing, in part, the rental payments due and owing to any such owner by a low- or moderate-income person.
For purposes of this section, the phrase "low- or moderate-income persons" shall have the same meaning as the phrase "persons and families of low and moderate income" as that phrase is used in the Virginia Housing Development Authority Act, and shall be applied using the income guidelines issued by the Virginia Housing Development Authority for use in its single family mortgage loan program.
In addition to being able to exercise the above-mentioned powers with City funds, the City is authorized to participate in any state or federal program related thereto and to use state, federal, or private funds in the exercise of such powers.
The expenditure of any public funds as authorized in this section is hereby declared to be in furtherance of a public purpose.
(Acts 2006, Ch. 268; H.B. 998; S.B. 202)
If any clause, sentence, paragraph, section or part of this act be held invalid by a court of last resort of this state in proper case such invalidity shall not affect or invalidate any other clause, sentence, paragraph or part of this act but shall be confined exclusively to the portion so held invalid.
This table shows the location of the sections of the basic Charter and any amendments thereto.
| Year | Chapter | Section | Disposition |
| 1946 | 384 | 51 | |
| 1948 | 124 | 3 | |
| 20 | |||
| 45-a | |||
| 1950 | 143 | 5 | |
| 413 | 14, 15 | ||
| 20 | |||
| 22 | |||
| 27 | |||
| 1958 | 111 | 20 | |
| 1960 | 230 | 14-a | |
| 327 | 5.1 | ||
| 1962 | 56 | 50.1 | |
| 332 | 5.1 | ||
| 14-a, 14-b | |||
| 463 | 5 | ||
| 1964 | 137 | 5 | |
| 33 | |||
| 50.1 | |||
| 1970 | 93 | 14-a | |
| 27 | |||
| 50.1—50.3 | |||
| 1972 | 184 | 5, 6 | |
| 9 | |||
| 12—14 | |||
| 17 | |||
| 24 | |||
| 29 | |||
| 33 | |||
| 43 | |||
| 1973 | 22 | 33 | |
| 359 | 14-a | ||
| 1974 | 7 | 5 | |
| 1978 | 709 | 50.4 | |
| 1989 | 122 | 1 | 50.5 |
| 1990 | H.B. No. 34 | 1 | 50.4 |
| S.B. No. 17 | 1 | 50.6 | |
| 2006 |
268,
(H.B. 998) (S.B. 202) |
1 Added | 50.7 |
| 2010 | 217 | 1 | 6 |
A new Charter is hereby provided for the City of Charlottesville in the form and manner following:
So much of the land that lies and is contained in the following boundaries: Beginning at a cross on rock on hill ninety-two feet southeast of center line of traveled way Ridge Street a corner to the present corporation line, thence with it north thirty-two degrees thirty minutes west at five hundred and twenty-one feet Old Lynchburg Road at one thousand three hundred and six feet Seven and One-half Street S.W. extended in all three thousand one hundred fifty-two and four-tenths feet to a stake east bank of a small branch and north forty degrees east seventy-six feet from center of top of manhole, thence new lines south thirty-five degrees thirty-eight minutes west two hundred thirteen and seven-tenths feet to a stake, south thirty-eight degrees eight minutes west one thousand one hundred nineteen and two-tenths feet to a stake, south eighty-nine degrees forty-seven minutes west two hundred thirteen and seven-tenths feet to a stake sixteen feet northeast of branch, thence crossing branch south eighty-two degrees thirty-nine minutes west one hundred eighty-five and six-tenths feet to a stake north eighty-seven degrees forty-four minutes west three hundred thirty-four feet to a stake south eighty-nine degrees forty-seven minutes west two hundred and five-tenths feet to a stake south sixty-five degrees thirty-nine minutes west one hundred sixty-two and three-tenths feet, south fifty-six degrees forty-seven minutes west one hundred ninety-seven and two-tenths feet south fifty-four degrees twenty-three minutes west three hundred forty-three and two-tenths feet to a stake, south forty-four degrees fifty-eight minutes west eight hundred thirty-seven feet to a stake fourteen feet beyond a branch and twenty-five feet beyond a large poplar, side line, thence south twenty degrees twenty-two minutes west at four hundred ninety-six feet a small fore and aft pine in all one thousand and nine and five-tenths feet to a stake, south seventeen degrees thirty-eight minutes east one thousand three hundred four feet to a stake in Martin's lot one hundred eighty and four-tenths feet beyond an iron in Harris Road, thence through Martin's, Misses Harris and Monte Vista south sixty-one degrees fifty-two minutes west one thousand six hundred eighty-one and two-tenths feet to a stake, thence through Monte Vista and Jefferson Park north forty-three degrees eight minutes west at one hundred thirty-two and one-tenth feet a point which is south twelve west seventeen and six-tenths feet from iron at southwest corner Harry Gay lot at end of Monte Vista Avenue at six hundred eighty-two and two-tenths feet Old Lynchburg Road in all one thousand five hundred fifty-nine feet to a stake back of Eton Circle, thence north twenty-three degrees nineteen minutes west four hundred twelve and seven-tenths feet to a stake in lot No. 39 (J. M. Clark & Sons) six and four-tenths feet beyond line of lot No. 40 (Johnson), thence north two degrees forty minutes west at one hundred forty-four feet a stake in line of lot No. 38 (Blume) and two hundred twenty-seven and eight-tenths feet from iron on Hill Top Road a corner of Clark, and Blume, at two thousand and ninety-seven feet a stake in north edge Stribling Avenue fifty-one and seven-tenths feet west of iron corner to Lovell, at two thousand five hundred seven and six-tenths feet center Southern R. R. one thousand ninety-seven feet northeast from mile post 114, at three thousand three hundred eleven and five-tenths feet stake north margin state road No. 29, one hundred twenty-eight and nine-tenths feet west of iron at corner Piedmont Street, at four thousand one hundred seventy-eight feet Old Lynchburg Road one hundred twenty-six feet west of iron, thence crossing said road to its northern margin in the same line to a point, thence in an easterly direction along the northern margin of said road to the western boundary of the University of Virginia lands; thence with the dividing line between the lands of the University of Virginia and Homer Richey in a northerly and westerly direction to a point on the line which crosses U.S. 29 and previously described as having a course of north two degrees forty minutes west; thence with said line north two degrees forty minutes west to an iron fifty-one and eight-tenths feet beyond center of Observatory Road, thence a line north thirty-seven degrees fifty-eight minutes east to the line of the property of W. C. Chamberlain, thence in an easterly direction with said Chamberlain line to the eastern margin of the cemetery road, thence with the eastern margin of said cemetery road in a northwesterly and northeasterly direction to the southern margin of state road No. 250; thence crossing said road to an iron thirty feet from the center of same, said crossing of the center line of Ivy Road being approximately seven hundred seventy-two feet east of the center of the underpass on the Owensville Road; thence through Massie and Duke north sixty degrees thirty-four minutes east three hundred seventy-seven and six-tenths feet to an iron in the center C.&O.R.R. nine hundred forty-five feet east of center bridge over Owensville Road and one thousand eight hundred and one feet west of center bridge over state road No. 29; thence north seventy-four degrees forty-five minutes east one thousand five hundred and seven and four-tenths feet to stake north thirty-nine degrees forty-nine minutes east two hundred fifty-five and eight-tenths feet to a stake, north one degree fifty minutes east two hundred forty-one and six-tenths feet to a stake, north twenty-four degrees fifty-one minutes east one thousand two hundred eighty-four feet to a stake and small sassafras pt. on hill, north forty-one degrees six minutes east four hundred seventy-four and three-tenths feet to a stake and small sassafras pt. on hill, north forty-one degrees fifty-one minutes east five hundred and one and six-tenths feet to a stake twenty-six feet left of Meadow Creek north twenty degrees fifty-three minutes east three hundred thirty-two feet to a stake, thence crossing Meadow Creek north fifty-seven degrees sixteen minutes east one hundred and eight and nine-tenths feet to a stake, north forty-seven degrees fifty-four minutes east two hundred and five feet to stake, thence recrossing Meadow Creek north fifty-three degrees fourteen minutes east three hundred fifty and five-tenths feet to nail in center Barracks Road two hundred ninety-two feet north and west from center state road No. 29, thence through Siegfried north thirty-one degrees fifty-four minutes east nine hundred twenty-one and five-tenths feet to stake, thence south eighty degrees forty minutes east at three hundred and two and four-tenths feet center state road No. 29, thence through Virginia Earhart, City of Charlottesville, and Meadow Brook Hills, in all two thousand one hundred thirty-six feet to a stake in Meadow Brook Hills, thence north seventy-two degrees twenty minutes east four hundred ninety-nine and one-tenth feet to an iron in south edge macadam Hydraulic Road (Rugby Road extended), thence with the southern margin of Hydraulic Road in an easterly direction to its intersection with the northern margin of Dairy Road projected, thence in an easterly direction with the northern margin of Dairy Road to its intersection with the eastern margin of Hill Top Road, thence in a southerly direction with the eastern margin of Hill Top Road, to a concrete monument on said road at a point which is south fifteen degrees thirty-three minutes from a stake located ten feet southeast of a large poplar south of Dairy Road to its intersection with the eastern margin of Hill Top Road, of Gentry Woods, thence through Rugby Hills and E. K. O'Brien tracts south thirty-five degrees twenty-eight minutes east to the western line of the McIntire municipal park, thence in a northeasterly, southeasterly and southerly direction with the northwesterly, northerly and easterly lines of the McIntire municipal park to a concrete monument of Schenk's Branch, thence south eighty-one degrees thirty-one minutes east crossing an iron in Park Street, extended, sixty-seven and eight-tenths feet southwest from the southwest corner of a capstone on the north rock column of the Wilder most northerly entrance, and continuing thence by the same course through the lands of Wilder to a stake in Smith's land two hundred thirty and six-tenths feet northwest of the iron corner at the present corporation line at the end of Locust Avenue, thence south eight degrees twenty minutes south two hundred thirty and six-tenths feet to iron at end of Locust Avenue corner present corporation line in all three thousand one hundred twenty-six and five-tenths feet to a point on outside edge of five-foot cement walk and one and six-tenths feet from its northwest corner at southwest corner bridge over the Rivanna River, thence through Albemarle golf course south thirteen degrees one minute west three hundred ten and eight-tenths feet to stake near west bank Rivanna River, thence south thirty-eight degrees twenty-four minutes west two hundred eighty-nine and three-tenths feet to stake, south twenty-one degrees twenty-nine minutes west three hundred eighty-six and one-tenth feet to a stake, south one degree thirty-four minutes west three hundred fourteen feet to stake, south four degrees thirty-six minutes west three hundred ninety-four and seven-tenths feet to stake, south nineteen degrees thirty-nine minutes west three hundred fifty-five and four-tenths feet to stake, south twenty-two degrees two minutes west two hundred fifty-seven and four-tenths feet to a stake, and south seven degrees thirty minutes east one hundred thirty-six and five-tenths feet to a stake, thence leaving river south twenty-five degrees forty-one minutes west at one thousand four hundred ninety-six feet center concrete Woolen Mills Road, thence through N. F. Leake & c. at two thousand five hundred eighty-seven and six-tenths feet iron center C.&O.R.R. one thousand one hundred nineteen and five-tenths feet east of Richmond and Clifton Forge division sign, thence through Horace Ferron, & c. at two thousand seven hundred fifty-eight and seven-tenths feet an iron in all three thousand and fifty-nine and three-tenths feet to iron in north bank Carlton Road, thence in a southeasterly direction to a point on Franklin Street, which point is one hundred fifty feet east of the eastern margin of Nassau Street, thence a line in a southwesterly direction one hundred fifty feet east of and parallel to the eastern margin of Nassau Street, thence continuing said line in a westerly direction one hundred fifty feet south of and parallel to the southern margin of Nassau Street to its intersection with the eastern margin of Monticello Road, thence in a southerly direction with the eastern margin of Monticello Road to a monument opposite the southern margin of the old Quarry Road, thence in a westerly direction with the southern margin of said old Quarry Road, to a concrete monument between Rockland and Palatine Avenues, thence a line north fifty-nine degrees five minutes west to an iron in the east bank of the old Scottsville Road or Sixth Street, S.E., thence with present corporate line north seventy-eight degrees fifty minutes west two thousand three hundred forty-two feet to the beginning, shall be and is hereby, made the City of Charlottesville; and the inhabitants of the City of Charlottesville for all purposes for which towns and cities are incorporated in this commonwealth, shall continue to be one body, politic in fact and in name, under the style and denomination of the City of Charlottesville, and as such shall have all the rights, immunities, powers, and privileges, and be subject to all the duties and obligations now incumbent and pertaining to said city as a municipal corporation; and by that name may sue and be sued, and be subject to all the provisions of the Code of Virginia, except so far as may be herein otherwise provided.
Editor's note— The boundaries described in this section do not reflect the boundaries established by the last court order of annexation. The present boundary description can be found in the records of the Circuit Court of Albemarle County, Virginia.
The grounds, walks, driveways and all the land which on January 1, 1939, belonged to "Rector and Visitors of the University of Virginia," a corporation, although embraced within the boundaries of the City of Charlottesville as described in section 2, shall nevertheless be deemed to be excluded therefrom and shall be, remain and continue in all respects and for all purposes a part of the County of Albemarle; provided, that this exception shall not apply to any of the lands now used and embraced within the streets and roads known as West Main Street, Fry's Spring Road, the Old Lynchburg Road, Rugby Road, State Highway No. 250, State Highway No. 29, nor any sidewalks on such roads, nor to any portion of the right of way of the Chesapeake and Ohio Railroad, and all of said streets, roads and rights of way within the boundary lines set out in section 2 hereof shall be in and a part of the City of Charlottesville.
(Acts 1948, Ch. 124)
Effect of amendment— The 1948 amendment substituted "which on January one, nineteen hundred thirty-nine belonged" for "belonging," near the beginning of the section.
The said city shall be divided into wards as now constituted, but the number of wards may be hereafter increased or diminished and the boundaries thereof changed by the city council as authorized by law.
State Law reference— Establishment of wards, Code of Virginia, § 15.1-803; election districts or precincts, § 24.1-36 et seq.
(a)
The municipal authorities of the said city shall consist of a council of five members, one of whom shall be mayor, as hereinafter set forth, unless and until this form be changed in manner prescribed by law, a clerk of the corporation [circuit] court, a commonwealth's attorney, a treasurer, a sheriff and a commissioner of revenue, who shall be elected by the qualified voters of the City of Charlottesville at elections held at the intervals and on the day prescribed for such elections by the laws of the state. All persons who are qualified voters of the City of Charlottesville shall be eligible to any of the said offices. The terms of offices of all of said officers shall begin and continue for such length of time as is prescribed by law; provided, that any of said officers shall be eligible to one or more offices to which he may be elected or appointed by the council. All the corporate powers of said city shall be exercised by said council, or under its authority, except as otherwise provided herein.
(b)
The form of government for said city shall be the city manager plan as follows: All corporate powers, legislative and executive authority vested in the City of Charlottesville by law shall be and are hereby vested in a council of five members to be elected at large from the qualified voters of the city, except as hereinafter provided.
(c)
Each of said councilmen shall receive an annual salary to be set by the council, not to exceed thirty-six hundred dollars each (except the president of said council, who shall be mayor, and shall receive a salary not to exceed forty-eight hundred dollars) from the city for their services.
(d)
In accordance with the general laws of the commonwealth, the election of councilmen shall be held in May of 1972, and biennially thereafter. At the election in May of 1972, there shall be elected three members of council, and at the election in May of 1974, there shall be elected two members of council to fill vacancies occurring on the first of July in the respective years in which they are elected. The term of office of the councilmen shall be four years. The members of the council on the effective date of this Charter amendment are hereby confirmed in office until the first day of July in the final year of the term of office for which they were elected.
(e)
It shall be the duty of the said council of five members to elect a city manager, at the salary to be fixed by them, who shall serve at the pleasure of the council.
(f)
Subject to general control by the council as provided in subsection (b) hereof, the city manager shall have full executive and administrative authority and shall have the right to employ and discharge all employees under his control. All departments of city government, including the fire department and police department, shall be under the general supervision of the city manager. The city manager shall give a bond for the faithful performance of his duties in such sum as the council may require. Subject to the general power of the council as provided in subsection (b) hereof and except as the council may by ordinance otherwise provide, the city manager shall have the powers vested in city managers by Code of Virginia, sections 15.1-926 and 15.1-927 and general laws amendatory thereof.
(g)
Said council shall elect a director of finance who shall serve at the pleasure of the council and who shall superintend the fiscal affairs of the city, and shall manage the same in the manner required by the council.
In all other respects the said council shall have and be vested with the same authority heretofore exercised by the council, and in all other respects their duties and liabilities shall be regulated by the existing laws, not in conflict therewith.
(Acts 1950, Ch. 143; Acts 1962, Ch. 463; Acts 1964, Ch. 137; Acts 1972, Ch. 184; Acts 1974, Ch. 7)
Effect of amendments— The 1950 amendment substituted, in subsection (b), "and executive" for "financial and police" and made many changes in subsection (f), including the addition of the second sentence therein.
The 1962 amendment raised the compensation of councilmen from three hundred dollars per year to twelve hundred dollars per year and that of the mayor from five hundred dollars per year to fifteen hundred dollars per year.
The 1964 amendment deleted the civil and police justice from subsection (a) and rewrote the language of subsection (a); changed "modified commission plan" to "city manager plan" in subsection (b); deleted provisions in subsection (d) authorizing the mayor to preside and vote on all questions; and changed "§§ 15-435 and 15-436" to "§§ 15.1-926 and 15.1-927" in subsection (f).
The 1972 amendment changed "sergeant" to "sheriff" and deleted "two justices of the peace" in subsection (a), completely rewrote subsection (d) and changed the terms of office of the city manager and director of finance from two years to "the pleasure of the council."
The 1974 amendment changed the compensation of councilmen to an amount to be set by the council, not to exceed thirty-six hundred dollars per year, and that of the mayor not to exceed forty-eight hundred dollars per year.
The council shall have authority to order, by resolution directed to the corporation [circuit] court of the city or the judge thereof in vacation, the submission to the qualified voters of the city for an advisory referendum thereon any proposed ordinance or amendment to the City Charter. Upon the receipt of such resolution, the corporation [circuit] court of the city or the judge thereof in vacation shall order an election to be held thereon not less than thirty nor more than sixty days after the receipt of such resolution. The election shall be conducted and the result thereof ascertained and determined in the manner provided by law for the conduct of general elections and by the regular election officials of the city. If a petition requesting the submission of an amendment to this Charter, set forth in such petition, signed by qualified voters equal in number to ten per centum of the largest number of votes cast in any general or primary election held in the city during the five years immediately preceding, each signature to which has been witnessed by a person whose affidavit to that effect is attached to the petition, is filed with the clerk of the corporation [circuit] court of the city, he shall forthwith certify that fact to the court or judge thereof in vacation. Upon the certification of such petition the corporation [circuit] court of the city or the judge thereof in vacation, shall order an election to be held not less than thirty nor more than sixty days after such certification, in which such proposed amendment shall be submitted to the qualified voters of the city for their approval or disapproval. Such election shall be conducted and the result thereof ascertained and determined in the manner provided by law for the conduct of general elections and by the regular election officials of the city. If a majority of those voting thereon at such election approved the proposed amendment such result shall be communicated by the clerk of the corporation [circuit] court of the city to the two houses of the General Assembly and to the representatives of the city therein with the same effect as if the council had adopted a resolution requesting the General Assembly to adopt the amendment.
Nothing contained in this section shall be construed as affecting the provisions of section 14-a of this Charter.
(Acts 1960, Ch. 327; Acts 1962, Ch. 332)
Effect of amendments— The 1960 Act added this section. The 1962 amendment changed the procedure for verification of signatures on petitions.
There may be elected by the council such officers and clerks as said council deems proper and necessary, who shall serve at the pleasure of council, and any one or more of said offices may be held and exercised by the same person. It may be competent for the council, in order to secure the services of a suitable person, to elect nonresidents, but such officer, other than the clerk of the council, shall reside in the city during his tenure of office.
(Acts 1972, Ch. 184; Acts 2010, Ch. 217)
Effect of amendment— The 1972 amendment changed the term of office from two years to "the pleasure of the council."
The councilmen, and other officers elected by the people shall each, before entering upon the duties of their offices, take the oaths prescribed for all other officers by laws of Virginia, and qualify before the corporation [circuit] court of said city, or the judge thereof in vacation, and in the cases of the mayor and councilmen a certificate of such oaths having been taken, shall be filed by them, respectively, with the clerk of the council, who shall enter the same upon the journal thereof; but if any or either of said officers shall fail to qualify, as aforesaid, for ten days after the commencement of the term for which he, or they, were elected, or shall neglect for a like space of time to give such bond as may be required of him, his office or their offices shall be deemed vacant.
State Law reference— Oath required, Code of Virginia, § 15.1-38; form of oath, § 49-1.
Whenever, from any cause, a vacancy shall occur in the office of mayor it shall be filled by the council and a vacancy in the office of councilmen shall be filled by that body at its next regular meeting from the qualified electors of said city, and the officer thus elected shall hold his office for the term for which his predecessor was elected, unless sooner vacated by death, resignation, removal, or from other causes. An entry of said election shall be made in the record book. If the mayor of said city or a councilman shall remove from the city limits, such removal shall operate to vacate his office.
At its first meeting in July, 1972, and biennially thereafter, the council shall elect one of its members to act as president, who shall preside at its meetings and continue in office two years. Or if a vacancy occur in the office before the end of his term, such vacancy shall be filled as provided in section 8.
At the same time the council shall elect one of its members to be a vice-president, who shall preside at such meetings in the absence of the president, and who, when the president shall be absent or unable to perform the duties of his office, by reason of sickness, or other cause, shall perform any and all duties required of, or entrusted to, the president. The president, or the vice-president, when authorized, as above stated, to act, shall have power at any time to call a meeting.
(Acts 1972, Ch. 184)
Effect of amendment— The 1972 amendment changed "September" to "July" and "1922" to "1972" in the first sentence and "section seven" to "section eight" at the end of the second sentence.
Three councilmen shall constitute a quorum for the transaction of business at any meeting of that body.
The president, or vice-president, as the case may be, shall be entitled to a vote on all questions as any other member, but in no case shall he be entitled to a second vote on any question, though it be necessary to break a tie—that is to say, his office shall not entitle him to a vote.
The council shall have authority to adopt such rules and to appoint such officers and clerks as it may deem proper for the regulation of its proceedings, and for the convenient transaction of business, to compel the attendance of absent members, to punish its members for disorderly behavior, and by vote of two-thirds of all the members elected to it, expel a member for malfeasance or misfeasance in office. The council shall keep a journal of its proceedings, and its meetings shall be open, except when it votes to hold an executive or closed session pursuant to general law. The council shall also require to be kept by its clerk a separate book, termed "The General Ordinance Book," in which shall be recorded all ordinances and resolutions of a general and permanent character, properly indexed and opened to the public inspection. Other documents or papers in the possession of the clerk of the council which may affect the interest of the city, shall not be exhibited nor copies thereof furnished, except as may be required by general law.
(Acts 1972, Ch. 184)
Effect of amendment— The 1972 amendment rewrote the second and last sentences of this section regarding executive sessions and exhibition of documents and papers.
State Law reference— General requirement for open meetings, Code of Virginia, § 2.1-343; executive or closed meetings, § 2.1-344.
At each regular meeting of the council the proceedings of the last regular meeting and all intervening called meetings, shall be presented, and thereupon be corrected, if erroneous, and signed by the person presiding for the time being.
Upon the call of any member the ayes and noes shall be recorded in the journal.
(Acts 1972, Ch. 184)
Effect of amendment— The 1972 amendment changed the word "read" to "presented" in the third line of this section.
The council of the city, except as hereinbefore provided, shall have the power within said city to control and manage the fiscal and municipal affairs of the city and all property, real and personal, belonging to said city; they shall have power to provide a revenue for the city, and appropriate the same to its expenses, also to provide the annual assessments of taxable persons and property in the city, and it may make such ordinances, orders, and bylaws relating to the foregoing powers of this section as it shall deem proper and necessary. They shall likewise have power to make such ordinances, bylaws, orders and regulations as it may deem desirable to carry out the following powers which are hereby vested in them:
First. Streets and sidewalks—Generally. To close, extend, widen, narrow, lay out, grade, improve and otherwise alter streets and public alleys in the said city, and have them properly lighted and kept in good order, and it may make or construct sewers or ducts through the streets or public grounds of the city, and through any place, or places whatsoever, when it may be deemed expedient by the said council. The ownership of any land included in any street that is closed shall be in accord with general law. The said council may have over any street or alley in the city, which has been, or may be ceded to the city, like authority as over streets or alleys, and may prevent or remove any structure, obstruction or encroachment over, or under, or in a street or alley, or any sidewalk thereof.
Second. Same—Obstructions; cleaning sidewalks. To prevent the cumbering of the streets, avenues, walks, public squares, lanes, alleys, or bridges in any manner whatsoever; to compel the occupant or owner of buildings or grounds to remove snow, dirt or rubbish from the sidewalks in front thereof.
Third. Fires and fire prevention. To extinguish and prevent fires, prevent property from being stolen, and to compel citizens to render assistance to the fire department in case of need, and to establish, regulate and control a fire department for said city; to regulate the size of materials, and construction of buildings hereafter erected, in such manner as the public safety and convenience may require; to remove, or require to be removed, any building, structure, or addition thereto which, by reason of dilapidation, defect of structure, or other causes, may have, or shall, become dangerous to life or property, or which may be erected contrary to law; to establish and designate from time to time fire limits, within which limits wooden buildings shall not be constructed, removed, added to or enlarged, and to direct that all future buildings within such limits shall be constructed of stone, natural or artificial, concrete, brick or iron.
Fourth. Breadth of tires on vehicles. To regulate and prescribe the breadth of tires upon the wheels of wagons, carts, and vehicles of every kind and description used upon the streets of said city.
Fifth. Preservation of health; hospitals; births and deaths. To provide for the preservation of the general health of the inhabitants of said city, make regulations to secure the same, prevent the introduction or spreading of contagious or infectious diseases, and prevent and suppress diseases generally; to provide and regulate hospitals within or without the city limits, and to enforce the removal of persons afflicted with contagious or infectious diseases to hospitals provided for them; to provide for the appointment and organization of a board of health or other board to have the powers of a board of health for said city, with the authority necessary for the prompt and efficient performance of its duties, with power to invest any or all the officials or employees of such department of health with such powers as the officers of the city have; to regulate the burial, cremation, or disposition of the dead; to compel the return of births and deaths to be made to its health department, and the return of all burial permits to such department.
Sixth. Cemeteries. To acquire by purchase, condemnation, or otherwise, either within or without the city, lands to be appropriated, improved and kept in order as places for the interment of the dead, and may charge for the use of the grounds in said places of interment, and may regulate the same; to prevent the burial of the dead in the city, except in public burying grounds; to regulate burials in said grounds; to require the keeping and return of bills of mortality by the keepers (or owners) of all cemeteries, and shall have power within the city to acquire by purchase, condemnation, or otherwise, such lands, and in such quantity as it may deem proper or necessary for the purpose of burying the dead; provided, however, that no part of such cemeteries, when established or enlarged, shall be within one hundred feet of any residence without the consent of the owner of the legal and equitable title of such residence, and provided further, that the provisions of Code of Virginia, [2] chapter 176, as now existing or hereafter amended, for condemnation of land thereunder so far as applicable shall apply to condemnation proceedings by the city hereunder.
The title to any land acquired by condemnation hereunder shall vest in the City of Charlottesville.
Seventh. Quarantine. To establish a quarantine ground within or without the city limits, and such quarantine regulations against infectious and contagious diseases as the said council may see fit, subject to the laws of the state, and of the United States.
Eighth. Nuisances, etc. To require and compel the abatement and removal of all nuisances within the said city, or upon any property owned by said city, without its limits, at the expense of the person or persons causing the same, or the occupant or owner of the ground whereon the same may be; to prevent and regulate slaughterhouses, and soap and candle factories within said city, or the exercise of any dangerous, offensive or unhealthy business, trade or employment therein; to regulate the transportation of all articles through the streets of the city; to compel the abatement of smoke and dust; to regulate the location of stables, and the manner in which they shall be constructed and kept.
Ninth. Stagnant water or offensive substances on property. If any ground in the said city shall be subject to be covered by stagnant water, or if the owner or occupant thereon shall permit any offensive or unwholesome substance to remain or accumulate thereon, the said council may cause such ground to be filled up, raised, or drained, or may cause such substance to be covered or removed therefrom, and may collect the expense of so doing from the said owner or occupant by distress or sale, in the same manner in which taxes levied upon real estate for the benefit of said city are authorized to be collected; provided, that reasonable notice shall be first given to the said owner or occupant or his agent. In case of nonresident owners, who have no agent in said city, such notice may be given by publication for not less than ten days, in any newspaper published in said city, such publication to be at the expense of said owner, and cost thereof to be collected as a part of the expense hereinbefore provided for.
Tenth. Explosives and inflammables; carrying concealed weapons. To direct the location of all buildings for storing gunpowder or other explosives or combustible substances; to regulate or prohibit the sale and use of dynamite, gunpowder, firecrackers, kerosene oil, gasoline, nitroglycerine, camphene, burning fluid, and all explosives or combustible materials, the exhibition of fireworks, the discharge of firearms, the use of candles and lights in barns, stables and other buildings, the making of bonfires and the carrying of concealed weapons.
Eleventh. Animals and fowl generally. To prevent the running at large in said city of all animals and fowl, and to regulate and prohibit the keeping or raising of the same within said city, and to subject the same to such confiscation, levies, regulations and taxes as it may deem proper.
Twelfth. Use of streets; abuse of animals. Insofar as not prohibited by general law, to prevent the riding or driving of animals at improper speed, to regulate the speed and manner of use upon the streets of said city of all animals or vehicles; to prevent the flying of kites, throwing of stones, or the engaging in any employment or sport in the streets or public alleys, dangerous or annoying to the public, and to prohibit and punish the abuse of animals.
Thirteenth. Drunkards, vagrants and beggars. To restrain and punish drunkards, vagrants, mendicants and street beggars.
Fourteenth. Offenses generally. To prevent vice and immorality; to preserve public peace and good order; to prevent and quell riots; disturbances and disorderly assemblages; to suppress houses of ill fame, and gaming houses; to prevent lewd, indecent or disorderly conduct or exhibitions in the city, and to expel from said city persons guilty of such conduct.
Fifteenth. [Repealed by Acts 1972, Chapter 184.]
Sixteenth. Ordinances necessary for general welfare; effect on other powers. And the said council shall also have power to make such other and additional ordinances as it may deem necessary for the general welfare of said city; and nothing herein contained shall be construed to deprive said city of any of the powers conferred upon it, either by general or special laws of the State of Virginia, except insofar as the same may be inconsistent with the provisions of this Charter.
Seventeenth. Official bonds. Said council shall have power to require and take from such officers and employees, as they may see fit, bonds with security and in such penalty as they may prescribe, which bonds shall be made payable to the city by its corporate name, and conditioned for the faithful discharge of their duties; such bonds shall be filed with the clerk of the council.
Eighteenth. Gas works, waterworks and electric light works. Said council shall have power to erect, or authorize or prohibit the erection of gas works, waterworks, or electric light works, in or near the city, and to regulate the same.
Nineteenth. Pollution of water. To prohibit the pollution of water which may be provided for the use of the city.
Twentieth. Additional and incidental powers; jurisdiction beyond corporate limits. To pass all bylaws, rules and ordinances, not repugnant to the constitution and laws of the state, which they may deem necessary for the good order and government of the city, the management of its property, the conduct of its affairs, the peace, comfort, convenience, order, morals, health, and protection of its citizens or their property, including authority to keep a city police force; and to do such other things, and pass such other laws as may be necessary or proper to carry into full effect any power, authority, capacity, or jurisdiction, which is, or shall be granted to, or vested in said city, or officers thereof, or which may be necessarily incident to a municipal corporation; and to enable the authorities of said city more effectually to enforce the provisions of this section, and any other powers conferred upon them by this Charter, their jurisdiction, civil and criminal, is hereby declared to extend one mile beyond the corporate limits of said city.
Twenty-first. Floating debt for installing or extending utilities. To create a floating debt not exceeding two hundred thousand dollars when, by a vote of the total membership of the council, the council has passed a resolution declaring it expedient to do so, and when the creating of the floating debt thereby provided for is for the purpose of installing, or extending, one or more public utilities, which constitute an asset, or assets, at least equal in value to the amount expended thereon, which utility, or utilities, shall materially add to the service rendered by the city to its taxpayers and other citizens; and it shall be the duty of the council to provide in the next bond issue for the bonding of the floating debt thus created, and failure to do this shall suspend this clause.
(Acts 1950, Ch. 413; Acts 1972, Ch. 184)
Effect of amendments— The 1950 amendment increased the amount of floating debt authorized by paragraph 21 from $100,000 to $200,000.
The 1972 amendment rewrote paragraphs 1 and 17 and repealed paragraph 15.
Before the Charlottesville Redevelopment and Housing Authority undertakes any public housing project within the city it shall obtain the approval of the council on each construction site, as hereinafter set forth. The application for approval shall have a plat, certified by a registered surveyor or engineer, or a plat prepared from the current city land book showing city parcel numbers of the land concerned and attested by the city assessor, attached to and made a part of such application. The plat shall identify the proposed site and show the proposed development of the site.
The council shall advertise for at least two weeks in a newspaper published in the city that the authority has applied for the approval of the council under this section and shall give notice therein of the time and place for a hearing on such request, which hearing shall be at least thirty days from the date of the first advertisement. The council may approve such application following such hearing.
(Acts 1960, Ch. 230; Acts 1962, Ch. 332; Acts 1970, Ch. 93; Acts 1973, Ch. 359)
Effect of amendments— The 1960 Act added this section.
The 1962 amendment completely rewrote the first paragraph of this section and made numerous changes in the second paragraph.
The 1970 amendment added a sentence repealed by the 1973 amendment.
The 1973 amendment eliminated voter authority to petition for a referendum on applications for approval of public housing projects.
After the effective date hereof [March 30,1962], it shall be unlawful to introduce fluorine, or sodium fluoride, or any compound or combination thereof into the city's public water system un- less the voters of the city approve the same in areferendum called and held under Code [of[Virginia], [3] section 24-141, as amended; such ref-erendum to be initiated by a petition seeking introduction of such chemicals filed with the council as hereinafter set forth. The petition shall be signed by qualified voters equal in number to ten per centum of the largest number of votes cast in any general or primary election held in the city during the five years immediately preceding, each signature to which has been witnessed by a person whose affidavit to that effect is attached to the petition. If a majority of the voters voting in the election approve, fluorine, sodium fluoride, or a compound thereof may be added to such water supply; but, if a majority so voting, vote against them then neither fluorine, sodium fluoride, nor any compound thereof shall be added to such water supply system. If a referendum is held hereunder another referendum thereon shall not be held until the expiration of two years.
(Acts 1962, Ch. 332)
Effect of amendment— The 1962 Act added this section.
The council may also borrow money in anticipation of the collection of the taxes and revenues in the city, in the amount or amounts not exceeding two hundred thousand dollars at any one time. The council may issue negotiable notes or other evidences of debt for all money borrowed under this section. Such notes or other evidences of debt may be renewed from time to time, but all such notes or other evidences of debt shall mature within twelve months. No money shall be borrowed under this section at a rate of interest exceeding six percent per annum, and it shall be the duty of the council to provide in the next bond issue for the bonding of the floating debt thus created.
(Acts 1950, Ch. 413)
Effect of amendment— The 1950 amendment increased the maximum amount which may be borrowed at any one time from $100,000 to $200,000.
Local assessments upon abutting landowners for making and improving the sidewalks upon the streets and improving and paving the alleys, and for either the construction or for the use of sewers, may be imposed not in excess of the peculiar benefits resulting therefrom to such abutting landowner. And the same shall be regulated as prescribed by the general laws.
To carry into effect the powers herein enumerated, and all other powers conferred upon said city and its council by the laws of Virginia, said council shall have power to make and pass all proper and needful orders, by-laws, and ordinances not contrary to the Constitution and laws of said state, and to prescribe reasonable fines and penalties, including imprisonment in the city jail, which fines, penalties or imprisonment shall be imposed, recovered and enforced by and under the civil and police justice (judge of the municipal court). The city may maintain a suit to restrain by injunction, the violation of any ordinance, notwithstanding such ordinance may provide punishment for its violation. In all cases where a fine or imprisonment is imposed by the civil and police justice (judge of the municipal court), or by the council, the party or parties so fined or imprisoned shall have the right of appeal to the corporation [circuit] court of said city. All fines imposed for the violation of the city Charter, by-laws, or ordinances, shall be paid into the city treasury.
(Acts 1972, Ch. 184)
Effect of amendment— The 1972 amendment deleted a ninety day limitation on imprisonment and added "(judge of the municipal court)" following civil and police justice in the second and third sentences.
Editor's note— The "civil and police justice (judge of the municipal court)" referred to in this section is now the judge of the district court.
Each councilman, and the civil and police justice of said city, for the time being, are declared to be, and are hereby, constituted conservators of the peace within said city, and within one mile from the corporate limits thereof, and shall have all the powers and authority, in civil, as well as in criminal cases, as justices of the peace. And the chief of police and the policemen of the city shall also be conservators of the peace within the limits aforesaid, and all proper arrests may be made and warrants of arrest executed by such chief of police and policemen.
Editor's note— The civil and police justice mentioned in this section is now the judge of the district court. The office of justice of the peace has been abolished and replaced by the magistrate system. See Code of Virginia, § 19.2-26 et seq.
At least thirty days prior to the time when the annual tax levy or any part thereof is made, the council shall cause to be prepared a budget containing a complete itemized and classified plan of all proposed expenditures and all estimated revenues and borrowing for the ensuing appropriation year. Opposite each item of the proposed expenditures the budget shall show in separate parallel columns, the amount appropriated for the preceding appropriation year; the amount expended during that year, the amount appropriated for the current appropriation year and the increases and decreases in the proposed expenditures for the ensuing year as compared to the appropriation for the current year. This budget shall be accompanied by an itemized and complete financial balance sheet at the close of the last preceding appropriation year.
A brief synopsis of the budget shall be published in a newspaper published in the City of Charlottesville and notice given of at least one public hearing at least fifteen days prior to the date set for the hearing, at which any citizen of the said City of Charlottesville shall have the right to attend and state his views thereon. After such hearing is had, the council shall by appropriate order adopt and enter on the minutes thereof a synopsis of a budget covering all expenditures for the next appropriation year hereinbefore required. The said council shall order a city levy of so much money as in its discretion shall be sufficient to meet all just demands against the city.
State Law reference— Municipal budgets, Code of Virginia, § 15.1-159.8 et seq.
In order to execute its powers and duties and to meet the wants and purposes of the city, the council is hereby vested with power and authority to levy taxes upon persons, property, real and personal, privileges, businesses, trades, professions and callings and upon such other subjects of taxation and in such amounts as the council shall deem necessary and proper to provide such sums of money as they shall deem expedient without limitation as to subject, except such as may be expressly provided by general laws or constitutional provision and without limitation as to rate except such as may be provided by the Constitution of this state.
Taxes assessed against real estate subject to taxes shall be a lien on the property and the name of the person listed as owner shall be for convenience in collection of taxes. The lien for taxes shall not be limited to the interest of the person assessed but shall be on the entire fee simple estate. There shall be no lien when for any year the same property is assessed to more than one person and all taxes assessed against the property in one of the names have been paid for that year.
When taxes are assessed against land in the name of a life tenant or other person owning less than the fee or owning no interest, the land may be sold under the provisions of Code of Virginia, 1950, sections 58-1014 to 58-1020, 58-1101 to 58-1108, 58-762, as amended, or other laws for the sale of land for delinquent taxes provided the owner of record or his heirs be made parties to the proceeding for sale which may be instituted any time after December fifth of the year in which the taxes are assessed.
(Acts 1948, Ch. 124; Acts 1950, Ch. 413; Acts 1958, Ch. 111)
Effect of amendments— The 1948 amendment rewrote this section.
Prior to the 1950 amendment the first paragraph concluded with the words "without limitation as to subject or rate except such as may be provided by the laws of this state and of the United States."
The 1958 amendment added the last two paragraphs in this section.
Editor's note— The references to the Code of Virginia contained in the third paragraph above are obsolete. See now, the appropriate sections of title 58.1.
The council may each year make appropriation out of the city revenues of an amount not exceeding three cents on each one hundred dollars of the assessed value of the property in the city assessed for taxation for use in purposes which will, in the judgment of the council, advertise the city.
State Law reference— Expenditures for promoting resources and advantages of city, Code of Virginia, § 15.1-10.
License taxes may be imposed by ordinance on businesses, trades, professions and callings and upon the persons, firms, associations and corporations engaged therein and the agent thereof without limitation as to subject or rate except such as may be provided by the Constitution of this state and the Constitution of the United States.
License taxes not inconsistent with general law may be imposed upon vehicles using the streets of the city, and the council may prescribe a schedule of charges for vehicles using said streets for hire.
(Acts 1950, Ch. 413)
Effect of amendment— The 1950 amendment rewrote that portion of the section which follows the words "and the agent thereof."
State Law reference— Local license taxes, Code of Virginia, § 58.1-3700 et seq.
The revenue from these and other sources shall be collected, paid over, and accounted for at such times and to such persons as the council shall order, and pursuant to such ordinance as now exists or may hereafter be passed by the council. The city treasurer shall be the custodian of all the funds of the city.
At the end of each fiscal year and at such additional times as the council may direct, the council shall require the director of finance of the said corporation to make out a report of the receipts and expenditures, together with a balance sheet of said city for the preceding period, which report shall state on what account the expenditures were made, and from what source or sources the receipts were derived, which report when approved by the council, or in such manner as the council may direct, shall be published in one or more newspapers of the city within sixty days after the close of the period for which the report is presented.
(Acts 1972, Ch. 184)
Effect of amendment— The 1972 amendment changed the time for the report from quarterly to the end of the fiscal year and such other times as the council may direct.
The council of said City of Charlottesville is hereby authorized to make and issue the registered or coupon bonds of said corporation, payable not exceeding forty years after their date, bearing interest at not more than five per centum per annum, payable semiannually; said bonds to be used exclusively in paying off and discharging the principal and interest of the present bonded debt of the corporation of Charlottesville. The said council shall not be authorized to dispose of such bonds at less than par value, except by a recorded affirmative vote of all the members elected to the council. Said registered and coupon bonds shall be regularly numbered, signed by the mayor, clerk and treasurer of the city, and recorded in a book kept for that purpose.
To provide for the payment of the bonded debt of the city there shall be set apart annually by the council from the revenues of the city such sum as will be sufficient to meet each issue of bonds, either heretofore or hereafter issued, as the same shall become due, except that for any issue of bonds a definite amount of which is payable annually and known as serial bonds, no sum shall be so provided; but for such serial bonds the council shall make in their annual budget definite provision for their payment. The funds thus set apart shall be paid in two equal installments on the first day of January and the first day of July in each year, to the sinking fund commissioners hereafter designated, and shall, together with the accretions thereto arising from interest on investments et cetera, be known as the sinking fund, and be held sacred for the payment of the debt of the city as it shall become due; and if no part of said debt be due or payable, said fund shall be invested in the bonds or certificates of debt of said city, or of this state, or the United States, or of some state of this union, or any other securities which under the laws of the State of Virginia are designated and approved for the investment of fiduciary funds; said fund shall, in the hands of the treasurer, as to all questions of investments, purchase or sale within the limitations of this section, be subject to the orders and the management of the mayor, chairman of the finance committee of the council, director of finance and treasurer, who together shall compose the sinking fund commission.
The council of said city may negotiate any loan or loans for the purpose of improving the streets, lighting the same, buying necessary real estate, erecting public buildings, supplying the city with water, sewerage, and for other purposes; and shall have authority to issue registered and coupon bonds, as well as serial, registered and coupon bonds, for the said loan or loans, payable not more than forty years after the date of said bonds, and said bonds shall bear interest payable semiannually; provided, that the council shall not negotiate such loan or loans, and issue bonds therefor, for sums which when added to the debt of the city then existing, shall cause the total indebtedness of the city to be greater than eighteen per centum of the assessed valuation of the real estate of the city subject to taxation, as shown by the last preceding assessment for taxes; provided, however, that in determining the limitation of the power of the city to incur indebtedness, there shall not be included the classes of indebtedness mentioned in subsections (a) and (b) of section 127 of the Constitution of the state. Whenever the question of the issuance of any bonds of said city is required by the Constitution of Virginia or by the action of the council of said city to be approved by the affirmative vote of a majority of the qualified voters of the city who vote upon the question of their issuance, such majority shall also include a majority of the votes cast by those taxpayers of the city at such election who pay a tax on real or personal property assessed at five hundred dollars or more. Such election shall be held and conducted in accordance with the law of Virginia regarding elections by the people.
(Acts 1950, Ch. 413; Acts 1970, Ch. 93)
Effect of amendments— The 1950 amendment rewrote that portion of the section which relates to the bond elections.
The 1970 amendment removed the five percent interest rate limitation.
Editor's note— The reference in this section to subsections (a) and (b) of section 127 of the state Constitution is a reference to the 1902 Constitution. For provisions of the 1971 Constitution exempting certain bonds from the 18% debt limitation, see Va. Const., art. VII, § 10.
The rights of the city in its gas, water and electric works, and sewer plant, now owned, or hereafter acquired, shall not be sold even after such action of the council as is prescribed by Code of Virginia of 1919, [4] section 3016, until and except such sale shall have been approved by a majority of the qualified voters of the city, voting on the question at a special election ordered by the council and subject in other respects to the provisions of section 24 [27] of this Charter applicable to a special election.
The city sheriff shall attend the terms of the corporation [circuit] court of said city and shall act as the officer thereof; the said sheriff may appoint one or more deputies, who may be removed from office by the sheriff, and may discharge any of the duties of the office of sheriff, but the sheriff and his sureties shall be liable therefor. The city sheriff shall also have all power and authority and perform all duties imposed by general law upon sheriffs and constables of cities.
(Acts 1972, Ch. 184)
Effect of amendment— The 1972 amendment changed "sergeant" to "sheriff."
The officers of said city elected or appointed by the council shall, during the time they are in office have all the power and authority of like officers in the state under its general laws, unless the same be abridged or restricted by the council.
The mayor or the council may prohibit any theatrical or other performance, show or exhibition within said city or a mile of its corporate limits, which may be deemed injurious to morals or good order.
[Repealed by Acts 1972, Chapter 184.]
The judge of the municipal court of said city, and substitute judge of said court, shall each be appointed for a term of four years by the judge of the corporation court of the City of Charlottesville, except that the term commencing on January 1, 1974, shall expire June 30, 1974. Said judges shall have such jurisdiction as is provided by general law; they shall receive no fees for services as judge or substitute judge, but all such fees shall be turned into the city treasury. The judge shall also have jurisdiction of and try violations of the city ordinances, and inflict such punishment as may be prescribed for a violation of the same. The judge shall have authority to issue his warrant for the arrest of any person or persons violating any of the ordinances, acts or resolutions of said city; it shall be his duty especially to see that peace and good order are preserved, and persons and property are protected in the city; he shall have power to issue executions for all fines and costs imposed by him or he may require the immediate payment thereof. The judge shall hold his court daily, except Saturday and Sunday, at the place prescribed by the council. If from any cause the judge of said court shall be unable to act, the substitute judge shall discharge the duties prescribed herein during such inability. The judge and substitute judge shall receive a salary for their services, to be fixed and paid by the council.
All papers connected with any civil action or proceeding in the municipal court of this city, except those in actions or proceedings (1) in which no service of process is had, (2) which are removed or appealed, and (3) in which the papers are required by law to be sooner returned to the clerk's office of a court of record, shall be properly indexed, filed and preserved in the municipal court of the city.
The power of appointment, in the judge of the corporation court of the City of Charlottesville, shall become effective January 1, 1966, at the expiration of the term of the present incumbent.
(Acts 1964, Ch. 137; Acts 1972, Ch. 184; Acts 1973, Ch. 22)
Editor's note— Effective July 1, 1973, municipal courts of Virginia cities were abolished and replaced by district courts. See Code of Virginia, § 16.1-69.1 et seq.
The salaries of all officers who receive stated compensation for their services from the city shall be fixed by the council.
The council shall fix by ordinance the time for holding their stated meetings and no business shall be transacted at a special meeting, unless by unanimous consent, except that for which it shall have been called, and every call for a special meeting shall specify the object thereof.
The regulation and restrictions for granting any franchise in the city shall be such as are provided by the general law.
State Law reference— Franchises generally, Code of Virginia, §§ 15.1-307—15.1-316.
All monies belonging to said city shall be paid over to the treasurer, and no money shall be by him paid out except as the same shall have been appropriated and ordered to be paid by the council, and the said treasurer shall also pay the same upon warrants approved in such manner as may be prescribed by ordinance of the council.
If the said treasurer shall fail to account for and pay over all of the monies that shall come into his hands when thereto required by the council, it shall be lawful for the council, in the corporate name of the city, by motion before any court of record having jurisdiction in the City of Charlottesville, to recover from the treasurer and his sureties, or their personal representatives, any sum that may be due from said treasurer to said city on ten days' notice.
All fines imposed for any violation of any city ordinance or state law shall be collected by the clerk of the civil and police justice [district] court; and if said clerk shall fail to collect, account for, and pay over all the fines in his hands for collection, it shall be lawful for the council to recover the same, so far as the same are accruing to the city, by motion, in the corporate name of the city, before the corporation [circuit] court of said city, against the said clerk, his sureties on his said bond, or any or either of them, his or their executors or administrators, on giving ten days' notice of the same.
The council shall have power to make such ordinances, by-laws, orders and regulations as they may deem necessary to prevent dogs, hogs and other animals from running at large in the limits of the city, and may subject the owners thereof to such fines, regulations and taxes as the council may deem proper, and may sell said animals at public auction to enforce the payment of said fines and taxes; and may order such dogs, as to which there is default, to be killed by a policeman or constable.
The city shall not take or damage any private property for streets, or other public purposes, without making to the owner, or owners, thereof just compensation for the same. But in all cases where the city council cannot by agreement obtain title to the ground necessary for such purposes, it shall be lawful for it to apply to the circuit court of the county in which the land shall be situated, or to the proper court of the city having jurisdiction of such matters, if the subject lie within the city, to condemn the same.
In every case where a street in said city has been or shall be encroached upon by any fence, building or otherwise, the city council may require the owner or owners, if known, and if unknown the occupant or occupants of the premises so encroaching to remove the same. If such removal shall not be made within the time ordered by the city council, it may impose a penalty of five dollars for each and every day that it is allowed to continue thereafter, and may cause the encroachment to be removed, and collect from the owner all reasonable charges therefor, with cost, for which there shall be a lien on the premises so encroaching, which lien may be enforced in a court of equity having jurisdiction of the subject. No encroachment upon any street, however long continued, shall constitute an adverse possession thereto, or confer any right upon the person claiming thereunder as against said city.
No action shall be maintained against the said city for damages for an injury to any person or property alleged to have been sustained by reason of the negligence of the city, or any officer, agent or employee thereof, unless a written statement of the claimant, his agent or attorney, of the nature of the claim and of the time and place at which the injury is alleged to have occurred or been received shall have been filed, as provided by general law.
(Acts 1972, Ch. 184)
Effect of amendment— The 1972 amendment deleted the requirement that the statement of the claimant be certified by oath.
State Law reference— Notice requirements of general law, Code of Virginia, § 8.01-222.
All rights, privileges and properties of the City of Charlottesville heretofore acquired and possessed, owned and enjoyed by any act now in force, not in conflict with this act, shall continue undiminished and remain vested in said city under this act; and all laws, ordinances and resolutions of the corporation of Charlottesville now in force, and not inconsistent with this act, shall be and continue in full force and effect in the City of Charlottesville, until regularly repealed.
The corporation court of the City of Charlottesville shall remain as it now exists and be held by the city judge at such times as are, or may be, designated by law, and the jurisdiction of said court shall be such as is now prescribed; provided, of course, that the power to abolish said court in accordance with the Constitution of the state is in no way hereby affected. And the City of Charlottesville shall remain a part and parcel of the same legislative and senatorial district to which it now belongs.
Editor's note— Corporation courts have been abolished and replaced by the circuit courts. See Code of Virginia, § 17-116.1. The city is now a part of the sixteenth judicial circuit. See Code of Virginia, § 17-119.1:1.
The City of Charlottesville shall constitute a single school district. The school board of the city shall consist of seven members to be appointed by the council and there shall be at least one member from each ward of the city. The council shall appoint three members of the board to serve for a term of three years, two members to serve for a term of two years, and two members to serve for a term of one year from July 1, 1948, and all subsequent appointments shall be for a term of three years. Vacancies occurring otherwise than by expiration of the term of office shall be filled by the council for the unexpired term. No member shall be eligible to serve more than three successive full three year terms. The board shall have all powers and perform all duties granted to and imposed upon school boards of cities by general law.
(Acts 1948, Ch. 124)
Effect of amendment— The 1948 act added this section.
State Law reference— School boards, Code of Virginia, § 22.1-48 et seq.
The corporate authorities of said city be, and they are hereby, authorized and empowered to erect suitable dams and reservoirs, and to lay suitable pipes to supply said city with an adequate supply of water, and to establish and construct a sewerage system for said city; and for such purpose to acquire, either by purchase or by condemnation, according to the provisions of the general law for the condemnation of lands by incorporated cities, such lands and so much thereof as may be necessary for the aforesaid purposes.
All elections under this Charter shall conform to the general law of the state in regard to elections by the people.
State Law reference— Elections, Code of Virginia, § 24.1-1 et seq.
The property now belonging to the County of Albemarle within the limits of the City of Charlottesville shall be within and subject to the joint jurisdiction of the county and city authorities and officers, and shall not be subject to taxation by the authorities of either county or city; and if the county and city aforesaid cannot agree upon the terms of joint occupancy and use of such property in regard to which settlements may not have already been effected, the right of said city to such joint occupancy and use being hereby recognized, then the board of arbitration herein provided for shall determine the terms of such joint occupancy and use, and said board of arbitration shall determine what rights, if any, the city aforesaid has in all other county property; but this is subject to the recognition of the right of the city, as well as the county (through the district school board or otherwise) in the school property in Charlottesville school district; and nothing herein contained shall affect the rights of the inhabitants of said city to participate in the benefits of the Miller Manual Labor School in the Samuel Miller District in said county.
A board of arbitrators composed of three members, one to be selected by the board of supervisors of Albemarle County, one by the council of Charlottesville, and they to choose a third, is hereby established, whose duty it shall be to adjust and decide the matters hereinbefore submitted to them, and all such other questions as may arise between said city and county, growing out of the extension of the corporation limits, and the establishment of a city government. The awards of said arbitrators shall be entered upon the records as the judgments of the city court or the county circuit court, as the arbitrators may designate.
And it is further provided that the same person shall be eligible to and, if elected, may hold a county office and a city office, if the said offices be of the same nature, at the same time; provided, such officer lives within the city limits; and any person otherwise qualified, who is a resident of the City of Charlottesville, shall be eligible to election or appointment to any county office of Albemarle County.
The powers set forth in Code of Virginia, sections 15.1-837 through 15.1-907 as in force on January 1, 1970, are hereby conferred on and vested in the City of Charlottesville, Virginia. Should the powers granted by this section conflict with any provision contained in Chapter 384 of the Acts of Assembly of 1946, approved March 28, 1946, as amended [this Charter], then the provisions contained in this section shall control; provided, however, that in no event shall such a conflict be held to reduce or limit any powers heretofore possessed by the City of Charlottesville pursuant to Chapter 384 of the Acts of Assembly of 1946, approved March 28, 1946, as amended.
(Acts 1962, Ch. 56; Acts 1964, Ch. 137; Acts 1970, Ch. 93)
Effect of amendments— The 1962 act added this section.
The 1964 amendment added the references to title 15.1 of the Code of Virginia.
The 1970 amendment deleted references to certain individual sections of title 15.1 and adopted all sections from 15.1-837 through 15.1-907.
(a)
Search warrants. In addition to the means and conditions under which search warrants may be issued pursuant to provisions of general law, a justice of the peace [magistrate], or a judge of any court having jurisdiction of the trial of cases to whom complaint is made, if satisfied that there is a reasonable cause therefor, shall issue a warrant to search specified places for the following conditions: Violations of ordinances of the City of Charlottesville related to health and safety, of persons and property including violations of ordinances concerning minimum housing standards, health and sanitation regulations, and Plumbing, Building, and Fire Prevention Codes.
A search warrant issued pursuant to the authority granted in this Charter section shall be directed to persons charged with the responsibility of enforcing state statutes and local ordinances relating to health and safety of persons and property and shall command such person to search the place or places described therein for violations of state statutes and local ordinances relating to health and safety of persons and property.
(b)
Affidavit preliminary to issuance of search warrants. No search warrant shall be issued until there is filed with the officer authorized to issue the same an affidavit of some person reasonably describing the area, house, place, vehicle or baggage to be searched, the things or conditions to be searched for thereunder, alleging briefly material facts, constituting the probable cause for the issuance of such warrant and alleging substantially the offense or group of potential offenses in relation to which such search is to be made. Facts which may be pertinent are
(1)
department or board experience showing the need of periodic area inspections,
(2)
the pattern of the last inspections made, and
(3)
department or board judgment that an inspection is now needed, particularly in light of the time elapsed since the last inspection.
Such affidavit shall be certified by the clerk of the corporation [circuit] court of the City of Charlottesville and shall by said clerk be preserved as a record and shall at all times be subject to inspection by the public. For the purposes of this section, probable cause shall be satisfied upon the showing of the reasonableness of a need to conduct periodic area-wide inspections with respect to health and safety of persons and property.
(Acts 1970, Ch. 93)
Effect of amendment— The 1970 act added this section.
General provisions of law notwithstanding, the planning commission and members of boards or agencies appointed by city council, the mayor, or by the city manager, who serve without pay and who serve only for the purpose of making studies or recommendations, or advising or consulting with city council, shall not be prohibited from such service merely because they contract directly or indirectly with the city. Any such member of an advisory board or agency who knows, or may reasonably be expected to know, that he has a material financial interest in any transaction in which the agency of which he is an officer or employee is or may be in any way concerned, shall disclose such interest and disqualify himself from voting or participating in any official action thereon in behalf of such agency. If disqualifications in accordance with this section leave less than the number required by law to act, the remaining member or members shall have authority to act for the agency by majority vote, unless a unanimous vote of all members is required by law in which case authority to act shall require a unanimous vote of remaining members.
(Acts 1970, Ch. 93)
Effect of amendment— The 1970 act added this section.
Notwithstanding any provision of law to the contrary, the terms of all the commissioners of the Charlottesville Redevelopment and Housing Authority shall terminate on June thirty, nineteen hundred seventy-eight; and thereafter there shall be not less than five nor more than seven members of the Board of Commissioners.
Commissioners shall hold their offices at the pleasure of council for terms not to exceed four years; provided, that the city council may at any time, and from time to time, adopt an ordinance terminating the terms of all the commissioners and designating one or more council members as commissioners of the Charlottesville Redevelopment and Housing Authority. The remaining members of the Board, if any, shall be appointed by council from the public at large. The Board shall possess all powers and duties granted to or imposed upon redevelopment and housing authorities by general law; provided that notwithstanding any other provision of law to the contrary, a city council member shall receive no compensation for serving as a commissioner of such Authority, nor shall he continue to serve as a commissioner after he ceases to be a member of city council.
(Acts 1978, Ch. 709; Acts 1990, H.B. No. 34, § 1)
Effect of amendment— The 1978 act added this section and the 1990 act amended it to read as set out above.
A.
The city council by ordinance may prohibit or regulate loud, disturbing or excessive noises originating within its jurisdiction. Such ordinance may prescribe the decibel levels, degrees or types of sound which are unacceptable within the city limits, but the ordinance must exempt from its prohibitions during the daytime (6:00 a.m. to 10:00 p.m.) the following:
1.
Band performances or practices, athletic contests or practices and other school-sponsored activities on the grounds of public or private schools or the University of Virginia.
2.
Athletic contests and other officially sanctioned activities in city parks.
3.
Activities related to the construction, repair, maintenance, remodeling or demolition, grading or other improvement of real property.
4.
Gardening, lawn care, tree maintenance or removal and other landscaping activities.
5.
Church bells or carillons.
6.
Religious or political gatherings and other activities protected by the First Amendment of the United States Constitution.
7.
Activities for which the regulation of noise has been preempted by federal law.
8.
Public and private transportation, refuse collection and sanitation services.
B.
The decibel level of any such noise may be measured by the use of a sound level meter which measures sound pressure levels. Such measurements shall be accepted as prima facie evidence of the level of noise at issue in any court or legal proceeding. The accuracy of the sound level meter may be tested by a calibrator. In any court or legal proceedings in which the accuracy of the calibrator is in issue, the court shall receive as evidence a sworn report of the results of any test of the calibrator for accuracy. Such report shall be considered by the court or jury in determining guilt or innocence.
C.
Any individual operating a sound level meter pursuant to the provisions of this section and the local noise ordinance shall issue a certificate which will indicate:
1.
that the sound level meter used to take the decibel level reading was operated in accordance with the manufacturer's specifications;
2.
that the city has on file a sworn report which states that the sound level meter has been tested within the past twelve months and has been found to be accurate;
3.
the name of the accused;
4.
the location of the noise;
5.
the date and the time that the reading was made; and
6.
the decibel level reading.
The certificate, as provided for in this section, when duly attested by the operator taking the decibel level reading, shall be admissible in any court in any criminal or civil proceeding as evidence of the facts therein stated and of the decibel level reading. A copy of such certificate shall be delivered to the accused upon his or his attorney's request.
(Acts 1989, Ch. 122, § 1)
Effect of amendment— The 1989 act added this section.
A.
Notwithstanding the provisions of any state law which authorize civil penalties for the violation of a local zoning ordinance, City Council may adopt an ordinance which establishes a civil penalty for the demolition, razing or moving of a building or structure without approval by the board of architectural review or City Council, when such building or structure is subject to the City's historic preservation zoning ordinance. The penalty established by the ordinance shall be imposed on the party deemed by the court to be responsible for the violation and shall not exceed twice the fair market value of the building or structure, as determined by the city real estate tax assessment at the time of the demolition.
B.
An action seeking the imposition of such a penalty shall be instituted by petition filed by the city in circuit court, which shall be tried in the same manner as any action at law. It shall be the burden of the city to show the liability of the violator by a preponderance of the evidence. An admission of liability or finding of liability shall not be a criminal conviction for any purpose. The filing of any action pursuant to this section shall preclude a criminal prosecution for the same offense, except where the demolition, razing or moving has resulted in personal injury.
C.
The defendant may, within twenty-one days after the filing of the petition, file an answer and without admitting liability, agree to restore the building or structure, as it existed prior to demolition. If the restoration is completed within the time agreed upon by the parties, or as established by the court, the petition shall be dismissed from the court's docket.
D.
Nothing in this section shall preclude action by the zoning administrator under Virginia Code, section 15.1-491(d) or by the governing body under Virginia Code, section 15.1-499, either by separate action or as a part of the petition seeking a civil penalty.
(Acts 1990, S.B. No. 17, § 1)
Effect of amendment— The 1990 act added this section.
In addition to the powers granted by other sections of this Charter and any other provision of law, the City shall have the power:
(a)
To make grants and loans of funds to low- or moderate-income persons to aid in the purchase of any land, building, dwelling, or dwelling unit in the City; and to offer real estate tax deferral to low- or moderate-income persons who own any land, building, dwelling, or dwelling unit within the City. The City shall offer private lending institutions the opportunity to participate in local loan programs established pursuant to this subsection; and
(b)
To make grants of funds to owners of dwellings or dwelling units in the city for the purpose of subsidizing, in part, the rental payments due and owing to any such owner by a low- or moderate-income person.
For purposes of this section, the phrase "low- or moderate-income persons" shall have the same meaning as the phrase "persons and families of low and moderate income" as that phrase is used in the Virginia Housing Development Authority Act, and shall be applied using the income guidelines issued by the Virginia Housing Development Authority for use in its single family mortgage loan program.
In addition to being able to exercise the above-mentioned powers with City funds, the City is authorized to participate in any state or federal program related thereto and to use state, federal, or private funds in the exercise of such powers.
The expenditure of any public funds as authorized in this section is hereby declared to be in furtherance of a public purpose.
(Acts 2006, Ch. 268; H.B. 998; S.B. 202)
If any clause, sentence, paragraph, section or part of this act be held invalid by a court of last resort of this state in proper case such invalidity shall not affect or invalidate any other clause, sentence, paragraph or part of this act but shall be confined exclusively to the portion so held invalid.
This table shows the location of the sections of the basic Charter and any amendments thereto.
| Year | Chapter | Section | Disposition |
| 1946 | 384 | 51 | |
| 1948 | 124 | 3 | |
| 20 | |||
| 45-a | |||
| 1950 | 143 | 5 | |
| 413 | 14, 15 | ||
| 20 | |||
| 22 | |||
| 27 | |||
| 1958 | 111 | 20 | |
| 1960 | 230 | 14-a | |
| 327 | 5.1 | ||
| 1962 | 56 | 50.1 | |
| 332 | 5.1 | ||
| 14-a, 14-b | |||
| 463 | 5 | ||
| 1964 | 137 | 5 | |
| 33 | |||
| 50.1 | |||
| 1970 | 93 | 14-a | |
| 27 | |||
| 50.1—50.3 | |||
| 1972 | 184 | 5, 6 | |
| 9 | |||
| 12—14 | |||
| 17 | |||
| 24 | |||
| 29 | |||
| 33 | |||
| 43 | |||
| 1973 | 22 | 33 | |
| 359 | 14-a | ||
| 1974 | 7 | 5 | |
| 1978 | 709 | 50.4 | |
| 1989 | 122 | 1 | 50.5 |
| 1990 | H.B. No. 34 | 1 | 50.4 |
| S.B. No. 17 | 1 | 50.6 | |
| 2006 |
268,
(H.B. 998) (S.B. 202) |
1 Added | 50.7 |
| 2010 | 217 | 1 | 6 |
The ordinances embraced in this and the following chapters and sections shall constitute and be designated the "Code of the City of Charlottesville (1990)" and may be so cited. The Code may also be cited as the "Charlottesville City Code (1990)."
(Code 1976, § 1-1)
State Law reference— Authority of city to codify and recodify its ordinances, Code of Virginia, § 15.1-37.3.
In the construction of this Code, and of all city ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of council:
Generally. The rules of statutory construction set out in Code of Virginia, sections 1-13 to 1-15.1 shall govern, so far as applicable, the construction of all words not defined in this section.
Bond. When a bond is required, an undertaking in writing shall be sufficient.
Charter. The word "Charter" means the Charter of the city as it now exists and as it may be amended in the future.
City. The word "city" means the City of Charlottesville, in the County of Albemarle and the Commonwealth of Virginia.
Code. When the term "Code" or "this Code" is used without further qualification, it shall mean the "Code of the City of Charlottesville (1990)," as designated in section 1-1.
Computation of time. Whenever a notice is required to be given, or any other act to be done, a certain time before any motion or proceeding, there must be that time, exclusive of the day for any such motion or proceeding, but the day on which such notice is given, or such act is done, may be counted as part of the time. When a notice is required to be given, or any other act to be done, within a certain time after any event or judgment, that time shall be allowed in addition to the day on which the event or judgment occurred.
Council; city council. Whenever the words "council" or "city council" are used, they shall be construed to mean the council of the City of Charlottesville.
Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.
Health district; health officer. The term "health district" means the Thomas Jefferson Health District and the term "health officer" means the director of such district.
Joint authority. Words purporting to give authority to three (3) or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons.
Month. The word "month" means a calendar month.
Number. A word importing the singular number only may extend and be applied to several persons or things as well as to one (1) person or thing, and a word importing the plural number only may extend and be applied to one (1) person or thing as well as to several persons or things.
Oath. The word "oath" shall be construed to include an affirmation in all cases in which by law an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
Officers, boards, etc. Whenever reference is made to a particular officer, board, commission, department or other agency, such reference shall be construed as if followed by the words "of the City of Charlottesville, Virginia." A reference to a specific officer shall also be construed as if followed by the words "or his duly authorized deputy, assistant, representative or agent," subject, however, to the provisions of Code of Virginia, section 15.1-19.5.
Official time standard. Whenever particular hours are referred to, the time applicable shall be official standard time or daylight saving time, whichever may be in current use in the city.
Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building or land.
Person. The word "person" shall include any individual, corporation, partnership, association, company, business, trust, joint venture or other legal entity.
Preceding; following. The words "preceding" and "following" mean next before and next after, respectively.
Sidewalk. The word "sidewalk" shall mean any portion of the street between the curb and the adjacent property line intended for the use of pedestrians.
Signature; subscription. The words "signature" or "subscription" include a mark when a person cannot write.
State; commonwealth. The words "the state," "this state," "the commonwealth" or "this commonwealth" shall mean the Commonwealth of Virginia.
State code. The term "state code" or "Code of Virginia" or "Virginia Code" shall mean the Code of Virginia, 1950, as amended.
Street. The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts, bridges and the approaches thereto and other public thoroughfares in the city, and shall mean the entire width thereof between abutting property lines; it shall be construed to include a sidewalk or a footpath.
Tenant; occupant. The words "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease of, or who occupies, the whole or a part of such building or land, either alone or with others.
Tense. Words used in the past or present tense include the future as well as the past and present.
Written; in writing. The words "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.
Year. The word "year" means a calendar year.
(Code 1976, § 1-2)
State Law reference— Similar definitions and rules of construction applicable to state law, Code of Virginia, § 1-13.3 et seq.
The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, nor as any part of the sections, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
(Code 1976, § 1-4)
State Law reference— Similar provisions as to sections of state code, Code of Virginia, § 1-13.9.
The provisions appearing in this Code, so far as they are the same as those of "The Code of the City of Charlottesville, Virginia, 1976" and ordinances adopted by the city council subsequent thereto and included herein, shall be construed as continuations thereof and not as new enactments.
Nothing in this Code or the ordinance adopting this Code shall affect:
(1)
Any ordinance promising or guaranteeing the payment of money by or for the city or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness or any contract or obligation assumed by the city;
(2)
Any ordinance granting any franchise or right;
(3)
Any ordinance appropriating funds or relating to an annual budget or to salaries of city officers or employees;
(4)
Any ordinance authorizing, providing for or otherwise relating to any public improvement or any special assessment;
(5)
Any ordinance relating to the zoning map or zoning or rezoning specific property; [1]
(6)
Any ordinance adopted for purposes which have been consummated; or
(7)
Any ordinance which is temporary, although general in effect, or special, although permanent in effect;
and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code.
Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing, or any prosecution, suit or proceeding pending or any judgment rendered, on or before the effective date of this Code.
Cross reference— Similar provisions as to new ordinances, § 2-101.
If any part, section, subsection, sentence, clause or phrase of this Code is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Code.
(Code 1976, § 1-3)
(a)
All ordinances passed subsequent to this Code, which amend, repeal or in any way affect any section or subsection of this Code, shall be numbered consecutively but shall refer specifically to the section or subsection affected and printed for inclusion therein.
(b)
Amendments of any of the provisions of this Code shall be made by amending such provisions by specific reference to the section number of this Code in the following manner: "That section ____________ of the Charlottesville City Code (1990) is hereby amended to read as follows: ____________ ." The new provisions shall then be set out in full.
(c)
In the event a new section not heretofore existing in the Code is to be added, the following language shall be used: "That the Charlottesville City Code (1990) is hereby amended by adding a new section to be numbered section ____________ , which section shall read as follows: ____________ ." The new section shall then be set out in full.
(d)
All sections, articles, chapters or provisions desired to be repealed shall be specifically repealed by section, article or chapter number in the following language: "That section, chapter or article ____________ of the Charlottesville City Code (1990) is hereby repealed."
(Code 1976, § 2-35)
(a)
By contract or by city personnel, supplements to this Code may be prepared and printed when needed and when funds therefor are available. A supplement to the Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.
(b)
In preparing a supplement to this Code, all portions of the Code which have been repealed or replaced shall be excluded from the Code by the omission thereof from reprinted pages.
(c)
When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:
(1)
Organize the ordinance material into appropriate subdivisions;
(2)
Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles;
(3)
Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;
(4)
Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections ____________ to ____________ " (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); and
(5)
Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.
State Law reference— Authority to supplement Code, Code of Virginia, § 15.1-37.3.
At least three (3) copies of this Code and every supplement thereto shall be kept in the office of the clerk of the council and shall there be available for public inspection during normal business hours.
State Law reference— Similar provisions, Code of Virginia, § 15.1-37.3.
(a)
Whenever in this Code or in any other ordinance of the city or rule or regulation promulgated by an officer, board or commission or agency thereof under authority vested by law or ordinance, it is provided that a violation of any provision thereof shall constitute a Class 1, 2, 3 or 4 misdemeanor, such violation shall be punishable as follows:
(1)
Class 1 misdemeanor: By a fine of not more than two thousand five hundred dollars ($2,500.00), or by confinement in jail for not more than twelve (12) months, or by both such fine and confinement.
(2)
Class 2 misdemeanor: By a fine of not more than one thousand dollars ($1,000.00), or by confinement in jail for not more than six (6) months, or by both such fine and confinement.
(3)
Class 3 misdemeanor: By a fine of not more than five hundred dollars ($500.00).
(4)
Class 4 misdemeanor: By a fine of not more than two hundred fifty dollars ($250.00).
(b)
Whenever in any provision of this Code or in any other ordinance of the city or any rule or regulation referred to in subsection (a) of this section any act is prohibited or is made or declared to be unlawful or an offense or misdemeanor, or the doing of any act is required, or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided for the violation of such provision and such violation is not described as being of a particular class of misdemeanor, or where it is provided that the violation is punishable as provided for in this section, such violation shall constitute a Class 1 misdemeanor and be punishable as prescribed in subsection (a)(1) of this section.
(c)
Except where otherwise provided, each day any violation of this Code or of any such ordinance, rule or regulation shall continue shall constitute a separate offense.
(Code 1976, § 1-10; 1-4-93)
Charter reference— Authority of council to impose penalties for ordinance violations, § 17; collection of fines, § 39; warrants to search for ordinance violations, § 50.2.
Cross reference— Prosecution of Code and ordinance violations by commonwealth's attorney, § 2-182.
State Law reference— Classification of misdemeanors and punishment therefor, Code of Virginia, §§ 18.2-9, 18.2-11; authority of city to provide penalties for violation of ordinances, § 15.1-901; authority of court trying case, upon conviction, to require bond conditioned that the person convicted will not violate the ordinance for the breach of which he was convicted for a period of not more than one year, § 15.1-902; injunctive relief for continuing violations of ordinances, § 15.1-905.
(a)
Whenever any person is detained by or is in the custody of an arresting officer for any violation committed in such officer's presence which offense is a violation of any provision of this Code or other ordinance of the city punishable as a Class 1 or Class 2 misdemeanor or any other misdemeanor for which he may receive a jail sentence, except as otherwise provided in Code of Virginia, title 46.2, or section 18.2-266, or an arrest on a warrant charging an offense for which a summons may be issued, and when specifically authorized by the judicial officer issuing the warrant, the arresting officer shall take the name and address of such person and issue a summons or otherwise notify him in writing to appear at a time and place to be specified in such summons or notice. Upon the giving by such person of his written promise to appear at such time and place, the officer shall forthwith release him from custody. However, if any such person shall fail or refuse to discontinue the unlawful act, the officer may proceed according to the provisions of Code of Virginia, section 19.2-82. Anything in this section to the contrary notwithstanding, if any person is believed by the arresting officer to be likely to disregard a summons issued under the provisions of this section, or if any person is reasonably believed by the arresting officer to be likely to cause harm to himself or to any other person, a magistrate or other issuing authority having jurisdiction shall proceed according to the provisions of Code of Virginia, section 19.2-82.
(b)
Whenever any person is detained by or is in the custody of an arresting officer for a violation of any provision of this Code or other ordinance of the city punishable as a Class 3 or Class 4 misdemeanor or any other misdemeanor for which he cannot receive a jail sentence, except as otherwise provided in Code of Virginia, title 46.2, or to the offense of public drunkenness as defined in section 17-12 of this Code, the arresting officer shall take the name and address of such person and issue a summons or otherwise notify him in writing to appear at a time and place to be specified in such summons or notice. Upon the giving of such person of his written promise to appear at such time and place, the officer shall forthwith release him from custody. However, if any such person shall fail or refuse to discontinue the unlawful act, the officer may proceed according to the provisions of Code of Virginia, section 19.2-82.
(c)
Any person summonsed under this section shall not be held in custody after the issuance of the summons for the purpose of complying with the requirements of Code of Virginia, chapter 23 (section 19.2-387 et seq.) of title 19.2. Reports to the central criminal records exchange concerning such persons shall be made after a disposition of guilt is entered as provided for in Code of Virginia, section 19.2-390.
(d)
Any person refusing to give a written promise to appear under the provisions of this section shall be taken immediately by the arresting or other police officer before a magistrate or other issuing authority having jurisdiction, who shall proceed according to the provisions of Code of Virginia, section 19.2-82.
(e)
Any person who willfully violates his written promise to appear given in accordance with this section shall be guilty of a Class 1 misdemeanor, regardless of the disposition of, and in addition to, the charge upon which he was originally arrested.
(f)
The summons used by a law-enforcement officer pursuant to this section shall be in form the same as the uniform summons for motor vehicle law violations as prescribed pursuant to Code of Virginia, section 46.2-388.
(Code 1976, § 21-7)
State Law reference— Similar provisions, Code of Virginia, § 19.2-74.
The ordinances embraced in this and the following chapters and sections shall constitute and be designated the "Code of the City of Charlottesville (1990)" and may be so cited. The Code may also be cited as the "Charlottesville City Code (1990)."
(Code 1976, § 1-1)
State Law reference— Authority of city to codify and recodify its ordinances, Code of Virginia, § 15.1-37.3.
In the construction of this Code, and of all city ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of council:
Generally. The rules of statutory construction set out in Code of Virginia, sections 1-13 to 1-15.1 shall govern, so far as applicable, the construction of all words not defined in this section.
Bond. When a bond is required, an undertaking in writing shall be sufficient.
Charter. The word "Charter" means the Charter of the city as it now exists and as it may be amended in the future.
City. The word "city" means the City of Charlottesville, in the County of Albemarle and the Commonwealth of Virginia.
Code. When the term "Code" or "this Code" is used without further qualification, it shall mean the "Code of the City of Charlottesville (1990)," as designated in section 1-1.
Computation of time. Whenever a notice is required to be given, or any other act to be done, a certain time before any motion or proceeding, there must be that time, exclusive of the day for any such motion or proceeding, but the day on which such notice is given, or such act is done, may be counted as part of the time. When a notice is required to be given, or any other act to be done, within a certain time after any event or judgment, that time shall be allowed in addition to the day on which the event or judgment occurred.
Council; city council. Whenever the words "council" or "city council" are used, they shall be construed to mean the council of the City of Charlottesville.
Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.
Health district; health officer. The term "health district" means the Thomas Jefferson Health District and the term "health officer" means the director of such district.
Joint authority. Words purporting to give authority to three (3) or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons.
Month. The word "month" means a calendar month.
Number. A word importing the singular number only may extend and be applied to several persons or things as well as to one (1) person or thing, and a word importing the plural number only may extend and be applied to one (1) person or thing as well as to several persons or things.
Oath. The word "oath" shall be construed to include an affirmation in all cases in which by law an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
Officers, boards, etc. Whenever reference is made to a particular officer, board, commission, department or other agency, such reference shall be construed as if followed by the words "of the City of Charlottesville, Virginia." A reference to a specific officer shall also be construed as if followed by the words "or his duly authorized deputy, assistant, representative or agent," subject, however, to the provisions of Code of Virginia, section 15.1-19.5.
Official time standard. Whenever particular hours are referred to, the time applicable shall be official standard time or daylight saving time, whichever may be in current use in the city.
Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building or land.
Person. The word "person" shall include any individual, corporation, partnership, association, company, business, trust, joint venture or other legal entity.
Preceding; following. The words "preceding" and "following" mean next before and next after, respectively.
Sidewalk. The word "sidewalk" shall mean any portion of the street between the curb and the adjacent property line intended for the use of pedestrians.
Signature; subscription. The words "signature" or "subscription" include a mark when a person cannot write.
State; commonwealth. The words "the state," "this state," "the commonwealth" or "this commonwealth" shall mean the Commonwealth of Virginia.
State code. The term "state code" or "Code of Virginia" or "Virginia Code" shall mean the Code of Virginia, 1950, as amended.
Street. The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts, bridges and the approaches thereto and other public thoroughfares in the city, and shall mean the entire width thereof between abutting property lines; it shall be construed to include a sidewalk or a footpath.
Tenant; occupant. The words "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease of, or who occupies, the whole or a part of such building or land, either alone or with others.
Tense. Words used in the past or present tense include the future as well as the past and present.
Written; in writing. The words "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.
Year. The word "year" means a calendar year.
(Code 1976, § 1-2)
State Law reference— Similar definitions and rules of construction applicable to state law, Code of Virginia, § 1-13.3 et seq.
The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, nor as any part of the sections, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
(Code 1976, § 1-4)
State Law reference— Similar provisions as to sections of state code, Code of Virginia, § 1-13.9.
The provisions appearing in this Code, so far as they are the same as those of "The Code of the City of Charlottesville, Virginia, 1976" and ordinances adopted by the city council subsequent thereto and included herein, shall be construed as continuations thereof and not as new enactments.
Nothing in this Code or the ordinance adopting this Code shall affect:
(1)
Any ordinance promising or guaranteeing the payment of money by or for the city or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness or any contract or obligation assumed by the city;
(2)
Any ordinance granting any franchise or right;
(3)
Any ordinance appropriating funds or relating to an annual budget or to salaries of city officers or employees;
(4)
Any ordinance authorizing, providing for or otherwise relating to any public improvement or any special assessment;
(5)
Any ordinance relating to the zoning map or zoning or rezoning specific property; [1]
(6)
Any ordinance adopted for purposes which have been consummated; or
(7)
Any ordinance which is temporary, although general in effect, or special, although permanent in effect;
and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code.
Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing, or any prosecution, suit or proceeding pending or any judgment rendered, on or before the effective date of this Code.
Cross reference— Similar provisions as to new ordinances, § 2-101.
If any part, section, subsection, sentence, clause or phrase of this Code is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Code.
(Code 1976, § 1-3)
(a)
All ordinances passed subsequent to this Code, which amend, repeal or in any way affect any section or subsection of this Code, shall be numbered consecutively but shall refer specifically to the section or subsection affected and printed for inclusion therein.
(b)
Amendments of any of the provisions of this Code shall be made by amending such provisions by specific reference to the section number of this Code in the following manner: "That section ____________ of the Charlottesville City Code (1990) is hereby amended to read as follows: ____________ ." The new provisions shall then be set out in full.
(c)
In the event a new section not heretofore existing in the Code is to be added, the following language shall be used: "That the Charlottesville City Code (1990) is hereby amended by adding a new section to be numbered section ____________ , which section shall read as follows: ____________ ." The new section shall then be set out in full.
(d)
All sections, articles, chapters or provisions desired to be repealed shall be specifically repealed by section, article or chapter number in the following language: "That section, chapter or article ____________ of the Charlottesville City Code (1990) is hereby repealed."
(Code 1976, § 2-35)
(a)
By contract or by city personnel, supplements to this Code may be prepared and printed when needed and when funds therefor are available. A supplement to the Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.
(b)
In preparing a supplement to this Code, all portions of the Code which have been repealed or replaced shall be excluded from the Code by the omission thereof from reprinted pages.
(c)
When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:
(1)
Organize the ordinance material into appropriate subdivisions;
(2)
Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles;
(3)
Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;
(4)
Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections ____________ to ____________ " (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); and
(5)
Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.
State Law reference— Authority to supplement Code, Code of Virginia, § 15.1-37.3.
At least three (3) copies of this Code and every supplement thereto shall be kept in the office of the clerk of the council and shall there be available for public inspection during normal business hours.
State Law reference— Similar provisions, Code of Virginia, § 15.1-37.3.
(a)
Whenever in this Code or in any other ordinance of the city or rule or regulation promulgated by an officer, board or commission or agency thereof under authority vested by law or ordinance, it is provided that a violation of any provision thereof shall constitute a Class 1, 2, 3 or 4 misdemeanor, such violation shall be punishable as follows:
(1)
Class 1 misdemeanor: By a fine of not more than two thousand five hundred dollars ($2,500.00), or by confinement in jail for not more than twelve (12) months, or by both such fine and confinement.
(2)
Class 2 misdemeanor: By a fine of not more than one thousand dollars ($1,000.00), or by confinement in jail for not more than six (6) months, or by both such fine and confinement.
(3)
Class 3 misdemeanor: By a fine of not more than five hundred dollars ($500.00).
(4)
Class 4 misdemeanor: By a fine of not more than two hundred fifty dollars ($250.00).
(b)
Whenever in any provision of this Code or in any other ordinance of the city or any rule or regulation referred to in subsection (a) of this section any act is prohibited or is made or declared to be unlawful or an offense or misdemeanor, or the doing of any act is required, or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided for the violation of such provision and such violation is not described as being of a particular class of misdemeanor, or where it is provided that the violation is punishable as provided for in this section, such violation shall constitute a Class 1 misdemeanor and be punishable as prescribed in subsection (a)(1) of this section.
(c)
Except where otherwise provided, each day any violation of this Code or of any such ordinance, rule or regulation shall continue shall constitute a separate offense.
(Code 1976, § 1-10; 1-4-93)
Charter reference— Authority of council to impose penalties for ordinance violations, § 17; collection of fines, § 39; warrants to search for ordinance violations, § 50.2.
Cross reference— Prosecution of Code and ordinance violations by commonwealth's attorney, § 2-182.
State Law reference— Classification of misdemeanors and punishment therefor, Code of Virginia, §§ 18.2-9, 18.2-11; authority of city to provide penalties for violation of ordinances, § 15.1-901; authority of court trying case, upon conviction, to require bond conditioned that the person convicted will not violate the ordinance for the breach of which he was convicted for a period of not more than one year, § 15.1-902; injunctive relief for continuing violations of ordinances, § 15.1-905.
(a)
Whenever any person is detained by or is in the custody of an arresting officer for any violation committed in such officer's presence which offense is a violation of any provision of this Code or other ordinance of the city punishable as a Class 1 or Class 2 misdemeanor or any other misdemeanor for which he may receive a jail sentence, except as otherwise provided in Code of Virginia, title 46.2, or section 18.2-266, or an arrest on a warrant charging an offense for which a summons may be issued, and when specifically authorized by the judicial officer issuing the warrant, the arresting officer shall take the name and address of such person and issue a summons or otherwise notify him in writing to appear at a time and place to be specified in such summons or notice. Upon the giving by such person of his written promise to appear at such time and place, the officer shall forthwith release him from custody. However, if any such person shall fail or refuse to discontinue the unlawful act, the officer may proceed according to the provisions of Code of Virginia, section 19.2-82. Anything in this section to the contrary notwithstanding, if any person is believed by the arresting officer to be likely to disregard a summons issued under the provisions of this section, or if any person is reasonably believed by the arresting officer to be likely to cause harm to himself or to any other person, a magistrate or other issuing authority having jurisdiction shall proceed according to the provisions of Code of Virginia, section 19.2-82.
(b)
Whenever any person is detained by or is in the custody of an arresting officer for a violation of any provision of this Code or other ordinance of the city punishable as a Class 3 or Class 4 misdemeanor or any other misdemeanor for which he cannot receive a jail sentence, except as otherwise provided in Code of Virginia, title 46.2, or to the offense of public drunkenness as defined in section 17-12 of this Code, the arresting officer shall take the name and address of such person and issue a summons or otherwise notify him in writing to appear at a time and place to be specified in such summons or notice. Upon the giving of such person of his written promise to appear at such time and place, the officer shall forthwith release him from custody. However, if any such person shall fail or refuse to discontinue the unlawful act, the officer may proceed according to the provisions of Code of Virginia, section 19.2-82.
(c)
Any person summonsed under this section shall not be held in custody after the issuance of the summons for the purpose of complying with the requirements of Code of Virginia, chapter 23 (section 19.2-387 et seq.) of title 19.2. Reports to the central criminal records exchange concerning such persons shall be made after a disposition of guilt is entered as provided for in Code of Virginia, section 19.2-390.
(d)
Any person refusing to give a written promise to appear under the provisions of this section shall be taken immediately by the arresting or other police officer before a magistrate or other issuing authority having jurisdiction, who shall proceed according to the provisions of Code of Virginia, section 19.2-82.
(e)
Any person who willfully violates his written promise to appear given in accordance with this section shall be guilty of a Class 1 misdemeanor, regardless of the disposition of, and in addition to, the charge upon which he was originally arrested.
(f)
The summons used by a law-enforcement officer pursuant to this section shall be in form the same as the uniform summons for motor vehicle law violations as prescribed pursuant to Code of Virginia, section 46.2-388.
(Code 1976, § 21-7)
State Law reference— Similar provisions, Code of Virginia, § 19.2-74.
The corporate seal of the city shall be a design within a circle, one and three-quarter (1¾) inches in diameter, with the word "VIRGINIA" across the face; in the exergue this inscription "CITY OF CHARLOTTESVILLE," and all of such words shall be raised letters; the design being the same as that heretofore in use as the seal of the city. No other seal shall be used for the city and no paper issued by municipal authority, which requires the seal of the city, shall be valid unless the seal prescribed above be duly affixed thereto; provided, however, that an identifying device, the design of which was approved by the council of the city on July 6, 1971, shall be used as the seal of the city for all purposes except those where the corporate seal is required by law to be affixed to any document.
(Code 1976, § 1-8)
The clerk of the council shall be the custodian of the corporate seal of the city and shall affix it to such papers or documents as may be required by any ordinance or resolution of the council.
(Code 1976, § 1-9)
The official safety program of the city shall be carried into effect by the following organizations, officers or departments, which are hereby recognized as an integral part of the official safety program for the purposes of the Virginia Line of Duty Act:
(1)
The police department and all of its sworn personnel.
(2)
The paid fire department and all of its personnel.
(3)
The volunteer company designated as the "Charlottesville Fire Company" and all of its members.
(4)
The city sheriff and all of his deputies and correctional officers employed at the Albemarle-Charlottesville Joint Security Complex.
(5)
The Charlottesville-Albemarle Rescue Squad, Inc., and all of its volunteer members.
(Code 1976, § 20-1)
Cross reference— Fire department, § 12-26 et seq.; police, Ch. 20; special license tag or decal for vehicles of volunteer firefighters and rescue squad members, § 15-50; application of parking regulations to such vehicles, § 15-131.
State Law reference— Line of Duty Act, Code of Virginia, § 15.1-136.1 et seq.
All city employees and officials shall give bond to the city, with corporate surety to be approved by the finance committee of the city council, conditioned so as to secure the faithful performance of their duties to the city. The penalties of such bonds shall be as follows:
(1)
City treasurer ..... $100,000.00
(2)
Purchasing agent ..... 50,000.00
(3)
Director of finance ..... 100,000.00
(4)
City manager ..... 50,000.00
(5)
All other officials and employees of the city, each ..... 10,000.00
The premium on all such bonds shall be paid by the city.
(Code 1976, § 2-43)
Charter reference— Authority of council to require official bonds, § 14(17); bond of city manager, § 5(f).
State Law reference— General authority of council to require bond of officers and employees, Code of Virginia, §§ 15.1-797, 15.1-813.1; bond of city treasurer, §§ 15.1-44, 15.1-45; bond of city manager, § 15.1-928.
The following officers and employees shall file, on or before January fifteenth of each year, as a condition to assuming or continuing office or employment, a disclosure statement of their personal interests and other information as is specified on the form set forth in the State and Local Government Conflict of Interests Act, Code of Virginia, section 2.2-3117:
(1)
City manager;
(2)
Deputy city manager;
(3)
Assistant city manager;
(4)
Chairman and members of the Charlottesville Economic Development Authority;
(5)
Director, chairman and members of the Charlottesville Redevelopment and Housing Authority; and
(6)
All department heads.
(9-18-89; 12-3-01(1); 9-4-07)
In each year, the first day of January (New Year's Day), the third Monday in January (Martin Luther King, Jr. Day), the third Monday in February (George Washington Day), the thirteenth day of April (Jefferson's Birthday), the last Monday in May (Memorial Day), the fourth day of July (Independence Day), the first Monday in September (Labor Day), the eleventh day of November (Veterans Day), the fourth Thursday in November (Thanksgiving Day), the Friday after the fourth Thursday in November, the twenty-fifth day of December (Christmas Day) or, whenever any of such days shall fall on Saturday, the preceding Friday shall be a legal holiday, and whenever such days shall fall on Sunday, the Monday next following such day shall be a legal holiday.
(Code 1976, § 2-1; Ord. of 11-20-00; 3-2-15; 12-21-15(1))
State Law reference— Legal holidays, Code of Virginia, § 2.1-21.
(a)
All papers duly authorized to be executed in the name of and on behalf of the city shall, unless otherwise provided by ordinance or resolution of the council, be signed as follows:
(1)
Deeds, bonds and other instruments requiring the seal of the city to be affixed thereto shall be signed by the mayor and the seal shall be attested by the clerk of the council.
(2)
Notes or other similar evidences of debt shall be signed by the mayor.
(b)
The purchasing agent and the city manager, or his designee are authorized to sign all contracts covering sales or purchases of goods or nonprofessional services for less than fifty thousand dollars ( $50,000.00), as well as all contracts for construction services, up to one hundred thousand dollars ($100,000.00). All other contracts shall be signed by the city manager or his designee.
(c)
No person, other than those persons enumerated in this section, shall have authority to sign any contract on behalf of the city unless he is specifically authorized to do so by the city council or the city manager. The city manager may promulgate regulations setting forth procedures by which city contracts shall be approved and executed.
(Code 1976, § 2-2; 5-5-03(1); 5-19-03)
Cross reference— Public procurement, Ch. 22; particularly, § 22-52.
(a)
Unless otherwise provided, no person shall be appointed by the city council to any board or commission for more than two (2) complete terms. For boards and commissions with two-year terms, no person shall be appointed by the city council for more than four (4) complete terms, unless otherwise provided.
(b)
Appointments by the city council to any board or commission to fill vacancies shall be for the unexpired portion of the term only.
(c)
Persons initially appointed for less than a full term may thereafter serve two (2) complete terms or four (4) complete two-year terms, as may be applicable.
(Code 1976, § 2-3; 7-21-03)
(a)
The director of the department of public works shall cause to be kept on file as property of the city all maps showing:
(1)
The location of all public streets and the extent to which they have been paved, macadamized or graded and the grades of the same when established.
(2)
The location and dimensions of all culverts, sewers and water and gas mains.
(b)
The director shall cause to be prepared and kept on file maps and records of such improvements as may be made in the future. The director shall cause to be made and kept a record of the locations and dimensions of all sewers and water and gas mains not shown on the existing maps and records, as the same may be discovered.
(Code 1976, § 2-4)
(a)
For one (1) year after their terms of office have ended or employment has ceased, city officers and employees may not provide personal and substantial assistance for remuneration of any kind to any party, in connection with any proceeding, application, case, contract, or other particular matter involving the city or an agency thereof, if that matter is one in which the former officer or employee participated personally and substantially as a city officer or employee through decision, approval or recommendation.
(b)
For purposes of this section, the term "officers and employees" includes members of city council, city officers and employees, and individuals who receive monetary compensation for service on or employment by agencies, boards, authorities, commissions, committees, and task forces appointed by city council.
(c)
Any person who knowingly violates this section shall be guilty of a Class 1 misdemeanor. A knowing violation under this section is one in which the person engages in conduct or performs an act when he knows that the conduct or act is prohibited by this section.
(d)
Nothing in this section shall prohibit the city or any of it agencies from re-employing any former officer or employee.
(2-6-06)
(a)
Pursuant to Virginia Code § 24.2-222.1 and notwithstanding the provisions of City Charter Sec. 5(d) and Virginia Code § 24.2-222, the election of members of city council shall be held on the general election date in November of odd-numbered years, beginning in November, 2007, and biennially thereafter, in accordance with the following cycles:
(1)
The election for the two (2) city council seats filled by the council election of May, 2006 shall be held in November, 2009 and every four (4) years thereafter; and,
(2)
The election for the three (3) city council seats filled by the council election of May, 2004 shall be held in November, 2007 and every four (4) years thereafter.
(b)
In accordance with the provisions of Virginia Code § 24.2-222.1(D), members of city council elected at a May general election shall have their term of office shortened by six (6) months but shall continue in office until their successors have been elected at the November general election and have been qualified to serve.
(7-19-04)
In addition to the powers, duties and responsibilities set out in this article, the city council shall exercise such powers, perform such duties, and assume such responsibilities as are provided by the Charter of the city and the Constitution and laws of Virginia.
(Code 1976, § 2-5)
Charter reference— General powers of council enumerated, § 14.
(a)
Notwithstanding any provision of law to the contrary, the terms of all commissioners of the Charlottesville Redevelopment and Housing Authority shall terminate on July 31, 1999; and thereafter commissioners shall be appointed in accordance with the provisions of this section.
(b)
Effective July 31, 1999 there shall be seven (7) commissioners of the Charlottesville Redevelopment and Housing Authority appointed by city council. The board of commissioners shall include:
(1)
At least one (1) member of city council;
(2)
At least two (2) current residents of public housing.
The remaining members of the board of commissioners shall be appointed by city council from the public at-large.
(c)
At their first meeting following the effective date of this section, the board of commissioners shall elect one of their members to serve as chair of the board.
(d)
Any member of city council appointed to the board of commissioners shall serve a one (1) year term, and shall be eligible for reappointment for so long as such person is a member of city council. The remaining initial appointments to the board shall be equally divided, to the extent possible, between two (2) and three (3) year terms. After expiration of the initial terms all future appointments shall be for three (3) year terms, except for appointments of city council members. Eligibility for reappointment shall be governed by the provisions of City Code section 2-8.
(e)
Commissioners of the Charlottesville Redevelopment and Housing Authority shall serve for their full term unless earlier terminated by city council or upon acceptance by city council of a commissioner's resignation. Commissioners may be removed by council for inefficiency, or neglect of duty, including failure to meet reasonable attendance requirements of the Charlottesville Redevelopment and Housing Authority, or for other misconduct in office. Notwithstanding the foregoing, a commissioner may be removed only after such commissioner is given a copy of the charges forming the basis of the removal and an opportunity to be heard in person or by representative prior to removal. At least ten (10) days in advance of the hearing before city council, a commissioner objecting to removal shall be given a copy of the charges which form the basis for the removal. In the event of removal of any commissioner, a record of the proceedings, together with the charges and findings thereon, shall be filed in the office of the clerk of council.
(Code 1976, § 2-5.1; 9-17-90, 4-4-94, § 1; 6-7-99(1); 6-7-99(2); 4-21-03; 4-7-14)
The city council shall meet for organization on the first day of July after the election of its members (unless that day is a Sunday or a legal holiday, in which case it shall meet on the following day). In case of unavoidable absence from such meeting of any member elect, the meeting may be adjourned from time to time as the council may deem proper.
(Code 1976, § 2-6)
(a)
The city council shall, at its first meeting in July after the regular biennial election of council members or as soon thereafter as practicable, elect one (1) of its members mayor. The mayor shall continue in office two (2) years. If a vacancy occurs in the office of mayor before the end of the term, such vacancy shall be filled as provided by section 8 of the Charter. The mayor shall have no veto power.
(b)
At the same time, the city council shall elect one (1) of its members to be vice-mayor, who shall continue in office two (2) years. If a vacancy occurs in the office before the end of his term, such vacancy shall be filled as provided by section 8 of the Charter.
(c)
The mayor shall preside at the meetings of the city council and when, from any cause, he shall be absent, the vice-mayor shall preside. In the absence of both, a mayor pro tempore may be elected.
(d)
The vice-mayor, in the absence of the mayor and while acting as mayor, shall be vested with all the rights and duties of the mayor.
(Code 1976, § 2-7)
State Law reference— Election of mayor by council, Code of Virginia, § 15.1-925.
Notwithstanding the provisions of Section 5(c) of the Charter to the contrary, and pursuant to the authority of Code of Virginia, Section 15.2-1414.6, the annual salary of members of the city council, except the mayor, shall be ten thousand dollars ($10,000.00), and the annual salary of the mayor shall be twelve thousand dollars ($12,000.00), until July 1, 2008, at which time the annual salary of members of the city council, except the mayor, shall be fourteen thousand dollars ($14,000.00), and the annual salary of the mayor shall be sixteen thousand dollars ($16,000.00).
(Code 1976, § 2-7.1; 5-1-95; Ord. of 11-5-01(1); Ord. of 7-2-07(1))
The city council shall hold its regular meetings at the council chamber of the city hall, or at such other place in the city as may be designated by the mayor or the council, beginning at 6:30 p.m. on the first and third Mondays of each month, unless such day is a legal holiday, in which event such meeting shall be held on the day following.
(Code 1976, § 2-8; 9-20-04(1); Ord. of 3-5-18)
Charter reference— Time for holding stated (regular) council meetings to be fixed by ordinance, § 35.
(a)
The mayor, or the vice-mayor if acting in his stead, or any three (3) members of the city council, may call a special meeting of the council at any time upon at least five (5) hours' written notice to each member, served personally or left at his usual place of business or residence. Special meetings may be held at any time without notice, provided all members of the council attend and unanimously consent to the transaction of all business transacted thereat.
(b)
Every call for a special meeting shall specify the object thereof, and no business shall be transacted at a special meeting except that for which it shall have been called, unless by a unanimous consent.
(Code 1976, § 2-9)
Charter reference— Limitation on business transacted at special council meeting, § 35.
The chief of police shall designate a police officer to serve as sergeant-at-arms and doorkeeper for all meetings of the city council.
(Code 1976, § 2-10)
Cross reference— Police, Ch. 20.
(a)
If a quorum fails to attend a meeting of the city council within a half hour after the appointed time for such meeting, those present may adjourn to such time as they deem proper, after the names of those present shall have been entered on the minutes.
(b)
At such meeting, two (2) or more members shall have authority to compel the attendance of absent members by a process in writing signed by them and addressed to any police officer, directing such officer to summons the absent members at the time and place to which the meeting shall have been adjourned. Any member refusing to obey such summons may be fined by a four-fifths vote of the city council in a sum not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00).
(Code 1976, § 2-11)
Charter reference— Quorum, § 10; authority to compel attendance of absent members, § 12.
The city council may, by a majority vote of its whole number, punish one (1) of its own members for disorderly conduct by a fine not exceeding three hundred dollars ($300.00) and, by a two-thirds vote of its whole number, expel a member of its own body for malfeasance or misfeasance in office. Fines imposed under this section shall be collected in such manner as fines imposed by the judge of the district court.
(Code 1976, § 2-12)
Charter reference— Authority of council to punish and expel members, § 12.
No member of the city council shall be eligible, during his tenure of office or for one (1) year thereafter, to any office for which compensation is paid to be filled by the city council either by election or appointment.
(Code 1976, § 2-13)
The mayor shall, within ten (10) days after the organization of the city council, appoint the finance committee, consisting of three (3) members, to continue for a term of two (2) years. The mayor shall also appoint all special committees unless otherwise ordered by the city council. Vacancies on committees shall be filled in like manner.
(Code 1976, § 2-14)
The finance committee shall investigate and report to the city council as to all matters relating to the finances, debts, revenues and assets of the city. The finance committee shall approve all surety bonds of city officials and employees, as provided for by section 2-4.
(Code 1976, § 2-15)
Charter reference— Chairman of finance committee as member of sinking fund commission, § 26.
Cross reference— Finance generally, Ch. 11.
The city council, or any committee or officer of the city, when specifically authorized by the city council, shall have the power to require the attendance of any person as a witness and the production by any person of all proper books and papers, when, in any investigation by such body, such attendance and investigation is necessary and proper. Summons to attend as a witness or to produce books and papers shall be in writing, signed by the presiding officer of the city council, and shall be served by a member of the police force in the same manner as a process to commence an action at law. Such witnesses shall be sworn by the officer presiding at the investigation, and shall be liable to the penalties for perjury or false testimony at such investigation. Any person failing or refusing to obey such summons, and refusing to testify, or produce such books or papers, may be summoned before the judge of the district court and upon failure to give satisfactory excuse shall be fined not exceeding one hundred dollars ($100.00) or imprisoned not exceeding thirty (30) days. A person found guilty under this section and fined shall have a right of appeal to the circuit court.
(Code 1976, § 2-16)
State Law reference— Similar provisions, Code of Virginia, § 15.1-811.
(a)
The city council shall determine the rules of its proceedings, except so far as the same are determined by the constitution and laws of the state and the Charter.
(b)
The rules of order and procedure of the city council, with the right of the body to suspend the same by a four-fifths vote, shall be as set out in this article.
(c)
No rule adopted by the city council shall be suspended except by the consent of four (4) members. Suspension of the rules may be made by a motion.
(Code 1976, § 2-17)
The proceedings of the city council, except as its own rules may otherwise provide, shall be governed by Robert's Rules of Order.
(Code 1976, § 2-18)
The mayor shall enforce the rules of the city council, preserve order and decorum, appoint all committees not otherwise provided for and discharge such other duties as appertain to his office.
(Code 1976, § 2-19)
(a)
The mayor shall decide questions of order and may give his reasons for his decisions.
(b)
From any decision of the chair, an appeal may be made to the city council, the question being, "Shall the decision of the chair be sustained as the decision of the council?" Upon such appeal, no debate shall be allowed if it refers to a question of decorum, but if it relates to the priority of business, or to relevancy or applicability of propositions, the appeal may be debated.
(Code 1976, § 2-20)
If, in speaking, any member shall violate the rules of the city council, the mayor shall call him to order. If there is no appeal, the decision of the chair shall be submitted to. If the decision is in favor of the member called to order, he may proceed; if otherwise, he shall not proceed except by leave of the city council.
(Code 1976, § 2-21)
No person who is not a member of the city council shall orally address it until leave to do so has been granted by the city council or until invited to do so by the mayor.
(Code 1976, § 2-22)
When a question is under debate no motion shall be entertained unless specially provided for, except the following, which shall take precedence in the order given:
(1)
To adjourn, to be made without preliminary remarks and decided without debate.
(2)
To lay on the table, to be decided without debate.
(3)
For the previous question, to be decided without debate.
(4)
To postpone, either indefinitely, or to a day or hour certain.
(5)
To refer or recommit.
(6)
To substitute or amend.
(7)
To adopt or approve.
(Code 1976, § 2-23)
In all cases, a motion to reconsider will be entertained only when made by a member who voted with the prevailing side. A majority of those present can reconsider any vote, but the motion to do so shall be made at the same session of the council during which such vote was taken. A motion to reconsider shall have precedence of all other questions, and when it has once been put and lost, it shall not be renewed. This rule, however, is subject to section 2-74.
(Code 1976, § 2-24)
No vote of a former meeting of the city council shall be reconsidered or rescinded at a special meeting unless there be then present as many members as were present when such vote was taken, and three-fifths of all members present vote in favor thereof.
(Code 1976, § 2-25)
State Law reference— Similar provisions, Code of Virginia, § 15.1-812.
A motion to adjourn shall always be in order, except when a member has the floor, when the city council is engaged in voting, when the previous question has been ordered or when the motion to adjourn has been put and lost and no other business has intervened.
(Code 1976, § 2-26)
Any member who obtains the floor during the debate and submits no other motion or remark may move for the previous question, which motion, if seconded, shall forthwith be put to the city council. If the motion for the previous question be not carried, debate may continue as if the motion had not been made.
(Code 1976, § 2-27)
In all matters pending before the city council, a majority shall govern, except in cases where otherwise specially provided.
(Code 1976, § 2-28)
All votes of the council shall be recorded in the council journal by a listing of the name of the council member by the vote of the member on each question put to a vote before the council.
(Code 1976, § 2-29)
Any member of the city council shall have the liberty to dissent from or protest against any ordinance, resolution or order of the city council and have the reason of his dissent entered upon the record.
(Code 1976, § 2-30)
The members of a committee of the city council shall meet on the call of the chairman, who shall be the first named person on the committee. In the absence of the chairman, the person named second on the committee shall be recognized as chairman. A majority shall constitute a quorum for the transaction of business.
(Code 1976, § 2-31)
The style in which ordinances shall be enacted by the council shall be as follows: "Be it ordained by the Council of the City of Charlottesville," and that in which resolutions shall be passed shall be, "Be it resolved by the Council of the City of Charlottesville."
(Code 1976, § 2-32)
No general ordinance shall be passed by the city council on the same day of its introduction, nor shall any such ordinance be valid unless at least three (3) days intervene between its introduction and passage; provided, that by a four-fifths vote of the city council, a general ordinance may be passed on the same date of its introduction and be valid; provided further, that any zoning ordinance or amendment to the zoning ordinance may be passed at the same meeting at which a public hearing on such zoning ordinance or amendment to the zoning ordinance is held.
(Code 1976, § 2-33)
Cross reference— Amendment of zoning ordinance and zoning map, § 34-1031 et seq.
State Law reference— Repeal or amendment of district maps, Code of Virginia, § 15.1-491(g).
(a)
For every ordinance or resolution appropriating money exceeding one hundred dollars ($100.00), imposing or releasing taxes, authorizing the borrowing of money, creating a debt or donating any property of the city, where the value of such property is one hundred dollars ($100.00) or more, a vote of a majority of all members elected to the council shall be necessary and the "ayes" and "noes" shall be entered on the minutes of the council.
(b)
No ordinance or resolution appropriating money exceeding the sum of one thousand dollars ($1,000.00), imposing taxes or authorizing the borrowing of money shall be passed by the city council on the same day of its introduction, nor shall any such ordinance or resolution be valid unless at least three (3) days intervene between its introduction and passage. This subsection shall not apply to the annual appropriations provided for in section 11-4 of this Code.
(Code 1976, § 2-37)
Cross reference— Finance, Ch. 11; taxation, Ch. 30.
State Law reference— Provisions similar to subsection (b) above, Code of Virginia, § 15.1-812.
Every ordinance shall take effect from the date of its passage unless otherwise provided.
(Code 1976, § 2-36)
No ordinance shall be amended or repealed except by an ordinance regularly introduced and adopted.
(Code 1976, § 2-34)
No new ordinance shall be construed to repeal a former ordinance as to any offense committed against the former ordinance or as to any act done, any penalty, forfeiture or punishment incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or done, or any penalty, forfeiture or punishment so incurred, or any right accrued, or claim arising before the new ordinance takes effect, save only that the proceedings thereafter had shall conform, so far as practicable, to the ordinance in force at the time of such proceedings.
(Code 1976, § 1-5)
Cross reference— Similar provisions as to Code, § 1-6.
State Law reference— Similar provisions as to new state law, Code of Virginia, § 1-16.
When an ordinance which has repealed another shall itself be repealed, the previous ordinance shall not be revived without express words to that effect.
(Code 1976, § 1-6)
State Law reference— Similar provisions as to state law, Code of Virginia, § 1-17.
A copy of any ordinance or joint resolution of the city certified by the clerk of the council, or a printed copy thereof which purports to have been printed by the authority of the council, shall be received as prima facie evidence for any purpose for which the original ordinance or resolution could be received.
(Code 1976, § 1-7)
State Law reference— Judicial notice of laws of the commonwealth and political subdivisions thereof, Code of Virginia, § 8.01-386.
The city council shall elect a clerk, whose duty it shall be to attend every meeting of the council and keep an accurate record of its proceedings. The clerk shall maintain on file copies of all papers brought before the council.
(Code 1976, § 2-38)
Charter reference— Authority of council to elect clerks, § 6.
The clerk of the council shall keep a journal of its proceedings and all resolutions and permanent contracts which shall be spread therein except as otherwise provided. The clerk shall also keep a separate book termed "The General Ordinance Book," in which shall be recorded all ordinances and resolutions of a general and permanent character, properly indexed and open to public inspection. Other documents or papers in possession of the clerk of the council which may affect the interest of the city shall not, without special order of the council, the mayor or vice-mayor, be exhibited nor copies thereof furnished to persons other than the committees or city officials entitled thereto.
(Code 1976, § 2-39)
Charter reference— Keeping of a journal and general ordinance book, § 12.
State Law reference— Journal of council proceedings required, Code of Virginia, § 15.1-810.
The clerk of the council shall, within forty-eight (48) hours after each session of the city council, furnish the officers or heads of departments of the city a copy of every ordinance or resolution specially pertaining to their respective departments; provided, that copies of all ordinances making appropriations or authorizing the payment of money shall be furnished to the director of finance within twenty-four (24) hours after their passage. The clerk of the council shall notify persons who have presented petitions or communications to the city council, of the final action of that body in regard thereto, within forty-eight (48) hours after such action. He shall also notify all persons elected to any office by the city council, of such election.
(Code 1976, § 2-40)
The clerk of the council shall enter upon the minute book the introduction and passage of every ordinance and shall spread upon the book of ordinances all duly adopted ordinances. In all cases of repeal, amendment or reenactment, the clerk shall make notation on the ordinance book showing cross references to the pages on which both the old and new law is spread.
(Code 1976, § 2-41)
The city manager shall be the chief executive and administrative officer of the city government, shall enforce the laws of the city and require the faithful performance of all administrative duties. The manager shall be the director of public safety, with general supervision over the fire department and police department of the city. The manager shall have the powers and responsibilities prescribed in this article and all other powers and responsibilities imposed upon or granted to him by other provisions of this Code or conferred upon city managers generally by Code of Virginia, title 15.2.
(Code 1976, § 2-45; 5-5-03(2))
The city manager may, subject to his retention of general supervision and control, delegate any powers and duties conferred upon the manager by this Code to any other officer or employee who is subject to the manager's supervision.
(Code 1976, § 2-45)
The city manager may attend council meetings and shall have the right to address the council.
(Code 1976, § 2-45)
(a)
The city manager shall have charge of the appointment of competent, qualified officers and employees to the administrative departments of the city and shall have the power to dismiss, suspend and discipline, in accordance with duly adopted personnel regulations, all officers and employees in such departments, except as otherwise specifically provided by law. He shall also have the power to authorize a department head or officer responsible to him to appoint and remove subordinates serving under that department head or officer.
(b)
The city manager may assign any employee of the city to any department or agency thereof requiring services appropriate to the classification of the employee so assigned, according to duly adopted personnel regulations.
(c)
The city manager may direct any department, division or agency of the city to perform work for any other department, division or agency.
(d)
The city manager shall have the power to set aside any action taken by a department head or other officer subject to his control, except as otherwise specifically provided by law.
(Code 1976, § 2-45)
Cross reference— Personnel, Ch. 19.
The city manager may, in order to promote the efficient operation of the affairs of the city under his management and control, within the funds appropriated therefor, create new departments and consolidate or abolish existing departments.
(Code 1976, § 2-45)
The city manager may prescribe such rules and regulations as he deems necessary or expedient for the conduct of administrative departments or agencies subject to his authority. The city manager shall have the power to revoke, suspend or amend any rule or regulation of any such department or agency, promulgated by any officer or employee subject to his control.
(Code 1976, § 2-45)
The city manager shall designate himself or some other officer or employee to perform the duties of any office or position in the administrative service under his control which is vacant or which lacks administration due to the absence or disability of the incumbent.
(Code 1976, § 2-45)
The city manager is hereby authorized and directed to fix a payday for all city employees.
(Code 1976, § 2-46)
The city manager shall be charged with the general supervision and control of all real and tangible personal property belonging to the city government and all streets, utility systems and other public works owned, operated or controlled by the city.
(Code 1976, § 2-45)
The city manager may designate such committees as he shall find necessary for the proper consideration of matters affecting the city or its administrative service, which shall meet at his request and make such recommendations on matters referred to them as they shall find necessary for the best interest of the city.
(Code 1976, § 2-45)
The city manager shall be entitled, either by himself or by any officer or person designated by him, to investigate and examine or inquire into the affairs or operation of any department, division, office or agency of the city and, within funds appropriated by the council, may employ consultants and professional assistance to aid in such investigations, examinations or inquiries.
(Code 1976, § 2-45)
The city manager shall prepare and present to the city council such reports, summaries and other information as the council shall request or require.
(Code 1976, § 2-45)
All directors of departments and all other officers and employees shall make such reports and furnish such information regarding the affairs of their departments or offices as may be required by the city manager.
(Code 1976, § 2-44)
The term of office, duties, compensation of the attorney for the commonwealth shall be the same as those prescribed for him by the laws of the state.
(Code 1976, § 2-73)
Charter reference— Election of commonwealth's attorney, § 5(a).
State Law reference— Election and term of attorney for the commonwealth, Code of Virginia, § 24.1-86; salary, § 14.1-53.
In addition to the duties prescribed in section 2-181, it shall be the duty of the attorney for the commonwealth to represent the city in the prosecution of all cases arising under criminal and quasi-criminal provisions of this Code and other city ordinances.
(Code 1976, § 2-74)
The attorney for the commonwealth may call upon the city attorney to assist him in all cases in which the construction, interpretation or validity of a provision of this Code or other city ordinance is involved.
(Code 1976, § 2-75)
The city manager, with the advice and consent of the city council, shall appoint an attorney for the city, who shall have been admitted to practice in the courts of the commonwealth. The city attorney shall be removable at any time by the city manager with the concurrence of the city council.
(Code 1976, § 2-76)
The salary of the city attorney shall be in full compensation for his services. The city attorney shall not engage in the private practice of law.
(Code 1976, § 2-80)
(a)
The city attorney shall have the management, charge and control of all law business of the city and shall be the legal adviser of the city council, any committee thereof, the city officers and the several departments of the city government and, when required, shall furnish written or verbal opinions upon any subject involving questions of law submitted to him by any of them.
(b)
It shall be the duty of the city attorney to draft all bonds, deeds, obligations, contracts, leases, conveyances, agreements or other legal instruments of whatever nature which may be required of him by any ordinance or order of the city council or any committee thereof or which may be required by any person contracting with the city in its corporate capacity and which, by law, usage or agreement, the drafting of which is to be at the expense of the city. It shall also be his duty to commence and prosecute all actions and suits to be brought by the city before any tribunal in the city or state, or any federal tribunal, whether in law or in equity, and also to appear and defend and advocate the rights and interest of the city, or any of the officers thereof, in any suit or prosecution for any act in the discharge of their official duties, wherein any estate, right, privilege, ordinance or act of the city government may be brought in question, he shall appear for the prosecution when the case shall come into the circuit court and shall perform such other duties as are or may be required of him by any ordinance or resolution of the city council.
(c)
It is the duty of the city attorney to assist in the prosecution of all cases arising under the zoning ordinance, building code and license ordinances when so directed by the city council or by the city manager.
(d)
The city council may authorize the city attorney to retain such legal counsel as it deems necessary to assist him on legal matters for the city.
(Code 1976, § 2-77)
Cross reference— Building code, § 5-26 et seq.; licenses, Ch. 14; zoning, Ch. 34.
The city attorney shall promptly account for and pay over to the director of finance any and all funds belonging to the city, collected or received by him, and shall at the time of turning over such money to the director of finance, or immediately thereafter, furnish the director of finance with an itemized statement showing from whom and for what account the money was received.
(Code 1976, § 2-78)
It shall be the duty of the city attorney to attend all meetings of the city council unless excused by the mayor or the city manager. He shall attend all meetings of the committees of the city council when notified so to do by the clerk of the council or the city manager.
(Code 1976, § 2-79)
There is hereby created a planning commission for the city, which shall be known as the city planning commission.
(Code 1976, § 2-88)
State Law reference— Duty to create planning commission, Code of Virginia, § 15.1-427.1.
(a)
The planning commission shall consist of seven (7) members, appointed by the city council, all of whom shall be residents of the city, qualified by knowledge and experience to make decisions on questions of community growth and development. At least one-half of the members so appointed shall be owners of real property. The city council may require each member of the commission to take an oath of office.
(b)
One (1) member of the planning commission may be a member of the city council, and one (1) member may be a member of the administrative branch of government of the city. The term of each of these two (2) members shall be coextensive with the term of office to which he has been elected or appointed, unless the city council, at the first regular meeting each year, appoints others to serve as their representatives. The remaining members of the commission first appointed shall serve respectively for terms of one (1) year, two (2) years, three (3) years, and four (4) years, divided equally or as nearly equal as possible between the membership. Subsequent appointments shall be for terms of four (4) years each. Vacancies shall be filled by appointment for the unexpired term only. Members may be removed for malfeasance in office.
(Code 1976, § 2-89)
State Law reference— Similar provisions, Code of Virginia, § 15.1-437.
The city council may provide for reimbursement of actual expenses incurred by members of the planning commission or compensation to such members, or any of them, for their services, or both.
(Code 1976, § 2-89)
State Law reference— Similar provisions, Code of Virginia, § 15.1-437.
The members of the planning commission shall elect from their number a chairman and vice-chairman, who shall serve as such for a term of one (1) year and shall be eligible for reelection.
(Code 1976, § 2-90)
State Law reference— Similar provisions, Code of Virginia, § 15.1-442.
For their services, the chairman of the planning commission shall receive annual compensation of three thousand five hundred dollars ($3,500.00) and the other members of the commission shall receive annual compensation of two thousand nine hundred dollars ($2,900.00).
(Code 1976, § 2-90; Ord. of 5-21-07(1))
The director of planning and community development shall serve ex officio as the secretary of the planning commission but shall have no vote and shall receive no addition to his regular salary for such service.
(Code 1976, § 2-90)
The planning commission shall have such powers and perform such duties as are set forth in sections 15.1-437 to 15.1-445 of the Code of Virginia.
(Code 1976, § 2-92)
The planning commission shall hold at least one (1) regular meeting in each month, shall adopt such rules and regulations for the transaction of its business as it may deem necessary and shall keep a written record of its regulations, transactions, findings and determinations.
(Code 1976, § 2-91)
State Law reference— Planning commission meetings, rules and records, Code of Virginia, §§ 15.1-439, 15.1-442.
The planning commission shall have no authority to charge the city with any liability or to incur any expenses except as may be expressly authorized by the city council and after funds have been appropriated by the city council for the purpose.
(Code 1976, § 2-92)
State Law reference— Commission expenditures to be within appropriated amounts, Code of Virginia, § 15.1-442.
As used in this article, the term "airport commission" or "commission" means the joint airport commission established pursuant to § 7(D) of the Charlottesville-Albemarle Airport Authority Act (2003 Acts of Assembly, Chapter 864), as set forth within section 2-267, below.
(12-1-03(1))
There is hereby established a Charlottesville-Albemarle Joint Airport Commission, to consist of seven (7) members. The members shall be citizens of the City of Charlottesville or of Albemarle County who hold no other municipal or county office, and shall be appointed as follows: three (3) members shall be appointed by the city council, three (3) members shall be appointed by the Board of Supervisors of Albemarle County, and one (1) member shall be appointed by the joint action of the city council and board of supervisors, each for a three-year term. The member appointed by joint action of the city and county shall also serve as a member of the governing board of the Charlottesville-Albemarle Airport Authority. An appointment to fill any vacancy on the commission resulting from the resignation, removal or other unavailability of a member shall be for the unexpired portion of the vacant term only.
(12-1-03(1))
(a)
All members of the airport commission shall serve without compensation.
(b)
All members will serve terms which expire on December first of the third year following their appointment. No members will be appointed to more than two (2) three-year terms. A person initially appointed to serve the unexpired term of another may thereafter serve no more than two (2) three-year terms of his own.
(c)
In the event a member appointed to the commission by the city or county is subsequently selected as the city/county joint appointee, and commencement of the term of the joint appointment does not coincide with the expiration of the appointee's then-current term, then he shall be deemed to have vacated the seat held on the commission immediately prior to the joint appointment. Selection as the joint appointee of the city and county shall not extend the amount of time or the number of terms such person is eligible to serve on the commission, except that the time served in the seat vacated shall be treated the same as time served by persons initially appointed to fill the unexpired term of another.
(d)
Any member serving on the commission on January 1, 2003 and who is at that time serving a second three-year term of his own, shall be eligible for one (1) additional three-year term.
(12-1-03(1))
As soon after their appointment as possible, the members of the airport commission shall convene and elect a chairperson and vice-chairperson from their group for a term of one (1) year. The airport's executive director or his designee (s) shall serve as staff to the airport commission and shall perform such duties as are appropriate, including the keeping of proper minutes of the meetings of the commission. Anyone designated by the airport's executive director to perform duties for the airport commission shall report to, and be subject to the supervision of, the airport's executive director in the performance of such duties.
(12-1-03(1))
Any person who has served as a member of the commission for the maximum amount of time authorized by this ordinance shall thereafter become re-eligible for appointment, following the passage of at least three (3) years from the expiration of his last term.
(12-1-03(1))
The airport commission shall be an advisory body having the duty of keeping the two (2) governing bodies and the Charlottesville-Albemarle Airport Authority advised on all matters pertaining to the airport.
(12-1-03(1))
The school board of the city shall be composed of seven (7) members, to be appointed by the city council, and there shall be at least one (1) member from each ward of the city. All vacancies occurring by expiration of the term of office, as provided in the Charter, shall be filled at the second regular meeting of the city council in June of each year for a term of three (3) years, beginning on July 1. Vacancies occurring otherwise than by expiration of the term of office shall be filled for the unexpired term. No member shall be eligible to serve more than three (3) successive full three-year terms. If, for any reason, the city council should not fill the vacancies on or before July 1, as above provided, appointments, when made, shall be for the unexpired term.
(Code 1976, § 2-109)
The school board shall have the care, management and control of public school property of the city, as provided by the laws of the state.
(Code 1976, § 2-110)
It shall be the duty of the school board annually, on or before March thirty-first of each year, and oftener if deemed necessary by the city council, to submit to the city council, in writing, a classified report, as prescribed by the city council, of all expenditures and a classified estimate of what funds will be needed for the proper maintenance and growth of the public schools of the city and to request the city council to make provisions by appropriation or levy for the same.
(Code 1976, § 2-111)
State Law reference— Similar provisions, Code of Virginia, §§ 22.1-90, 22.1-92.
The Charlottesville-Albemarle Regional Jail Board created pursuant to a resolution duly adopted by the city council on April 9, 1974, and by the board of supervisors of Albemarle County on April 18, 1974, shall consist of seven (7) members. The board shall include the sheriffs of the city and the county who shall serve for a term consistent with their respective terms as sheriff; one (1) member of the city council to be appointed by the council and who shall hold office at the pleasure of the council; one (1) member of the board of supervisors to be appointed by the board of supervisors and who shall hold office at the pleasure of the board of supervisors; one (1) private citizen from the city and one (1) from the county, to be appointed by the respective governing bodies for terms of three (3) years, and one (1) additional private citizen to be appointed jointly by the governing bodies for a term of three (3) years.
(Code 1976, § 2-112)
Vacancies on the regional jail board shall be filled for an unexpired term in the manner in which original appointments are required to be made. Continued absence of any member from regular meetings of the board shall, at the discretion of the city council and board of supervisors, render such member liable to immediate removal from office.
(Code 1976, § 2-113)
As used in this article the word "authority" means the economic development authority created by section 2-387.
(Code 1976, § 2-114; 9-4-07)
Cross reference— Definitions and rules of construction generally, § 1-2.
There is hereby created a political subdivision of the commonwealth to be known and designated as the Economic Development Authority of the City of Charlottesville, Virginia.
(Code 1976, § 2-114; 9-4-07)
State Law reference— Authority for above section, Code of Virginia, § 15.1-1376.
The authority shall be governed by board of directors in which all powers of the authority shall be vested, composed of seven (7) members appointed by the city council as provided by general law.
(Code 1976, § 2-115; 9-4-07)
State Law reference— Similar provisions and appointment, terms, etc., of directors, Code of Virginia, § 15.1-1377.
The authority shall have all such public and corporate powers as are or may from time to time be conferred upon industrial development authorities generally by the provisions of the Industrial Development and Revenue Bond Act, Code of Virginia, Chapter 49 of Title 15.2 (Sections 15.2-4900, et seq.) and shall in the exercise of such powers adhere in all respects to the provisions of such act, except as otherwise hereinafter expressly provided.
(Code 1976, § 2-116; 9-4-07)
Editor's note— Ord. of November 20, 2006(1), repealed § 2-390, which pertained to limitations on financing certain projects. See also the Code Comparative Table.
In determining whether a particular facility or project should be financed by the authority, both the authority and the city council shall give priority to those facilities which:
(1)
Are proposed to be located within an area designated as an urban renewal project by the Charlottesville Redevelopment and Housing Authority, or
(2)
Are in harmony with and further the fulfillment of the duly adopted comprehensive plan of the city or the central business district master development plan as such plans may from time to time be amended by city council, or
(3)
Are likely to produce the greatest increases in revenue from property sales, license and other taxes to the city, or
(4)
Are most likely to produce expanded employment opportunities for the citizens of the city and surrounding jurisdictions, and which:
(5)
Will be least likely to produce pollution or adverse environmental consequences, and
(6)
Are least likely to necessitate the expenditures of additional public funds for the provision of essential or customary public services.
Each applicant, to be eligible for financing hereunder, must have an established affirmative action plan or written policy with regard to employment practices. The applicant shall also demonstrate its commitment to equal employment opportunities for all employees, all job applicants and future employees, without regard to race, color, religion, sex, sexual orientation, age, national origin or physical handicap. The plan or policy and the commitment shall be consistent with federal and state laws on the subject.
(Code 1976, § 2-118; 6-25-90)
(a)
This article sets forth planning and decision making procedures for the community development block grant (CDBG) and HOME Investment Partnerships (HOME) programs, funded under the federal Housing and Community Development Act of 1974, and the federal HOME Investment Partnerships Act of 1991, as amended.
(b)
CDBG funds should be used primarily to benefit low and moderate income persons and to meet the national objectives, as defined by the United States Department of Housing and Urban Development (HUD). The funds may be spent for any activities permitted by the Housing and Community Development Act of 1974, as amended, and applicable federal regulations. HOME funds should be used to strengthen public-private partnerships to provide more affordable housing, as defined by HUD. The funds may be spent for any activities permitted by the HOME Investment Partnerships Act of 1991, as amended, and applicable federal regulations.
(c)
The process established by this article shall apply only to funds specifically allocated for CDBG programs under the Housing and Community Development Act of 1974, as amended, and the HOME Investment Partnerships Act of 1991, as amended, or other funds specifically allocated for such purposes by city council.
(d)
This process shall not apply to the allocation of any funds remaining from urban renewal activities in the Garrett Street or Vinegar Hill urban renewal projects.
(Ord. of 8-15-16(2))
(a)
The community development block grant/HOME task force is hereby established to make recommendations to the planning commission and city council for funding housing, community development, economic development, and public service needs based on the consolidated plan and the CDBG priorities as established by city council annually. The CDBG/HOME task force will work with city administration to evaluate CDBG and HOME programs to ensure consistency with the consolidated plan goals. Such recommendations and evaluations shall be forwarded in accordance with the procedures set forth in this article.
(b)
The CDBG/HOME task force shall be composed of nine (9) members appointed by the city council. The members shall include:
(1)
Five (5) members from HUD's identified income eligible areas of the city who are residents of city council designated priority neighborhoods;
(2)
One (1) member of the planning commission;
(3)
One (1) member representing public service programs as defined at 24 CFR 570.201;
(4)
One (1) member of the city school board;
(5)
One (1) additional citizen.
The term for the one (1) member of the CDBG task force from the planning commission and the one (1) member of the school board shall be coextensive with the term of office to which such member has been elected or appointed, unless the city council, at the first regular meeting each year, appoints others to serve as their representatives. The remaining members of the task force first appointed shall serve respectively for terms of one (1) year, two (2) years, and three (3) years, divided equally or as nearly equal as possible between the membership. Subsequent appointments shall be for terms of three (3) years each. Vacancies shall be filled by appointment for the unexpired term only. Members may serve up to two (2) consecutive full terms.
(Ord. of 8-15-16(2))
(a)
Priority neighborhood subcommittee. When the city council determines that a portion of available CDBG funds will be used to assist an income eligible area, the council may appoint a priority neighborhood subcommittee, including but not limited to representatives of the CDBG task force, the planning commission and residents, business people and property owners from the priority neighborhood. The term of each priority neighborhood subcommittee shall be three (3) years, unless otherwise specified by the council, and each priority neighborhood subcommittee shall operate under such guidelines and perform such advisory functions as the council may direct at the time of appointment. Priority neighborhood subcommittee shall make recommendations to the CDBG/HOME task force for funding housing and community development needs based on the consolidated plan and work with the city to evaluate feasibility and to ensure consistency with programmatic regulations. The city council will designate an income eligible area for three (3) years with the authority to postpone or extend funding in the event of a compelling project or need.
(b)
Economic development subcommittee. When the city council provides for a CDBG economic development set aside, the city staff who participate on the strategic action team (SAT) will serve as the economic development subcommittee. The SAT is an interdisciplinary team of city staff who examine the city's workforce development efforts and assist with policy development focused on self-sufficiency for city residents. When the city council determines that a separate economic development subcommittee is needed, the city council shall appoint members with economic development expertise, including but not limited to local business owners, chamber of commerce, office of economic development and other major stakeholders. The subcommittee shall make recommendations to the CDBG/HOME task force for funding economic development projects based on the consolidated plan and work with city staff to evaluate feasibility and ensure consistency with programmatic regulations.
(Ord. of 8-15-16(2))
The following steps shall comprise the annual process for planning and programming the expenditure of CDBG and HOME funds.
(1)
City staff assigned to CDBG task force will review CDBG/HOME consolidated plan goals and applicable regulations to formulate recommendations for annual funding priorities.
(2)
The city council shall conduct a public hearing to solicit the views of citizens on city wide community development and housing needs. The purpose of this public hearing shall be for council to receive citizens' comments on recommended priorities and program performance. The notice of the public hearing shall include an estimate of the amount of funds available for CDBG and HOME activities and the range of activities that may be undertaken, as well as how the public can access a copy of the most recent consolidated annual performance evaluation report (CAPER). Public comments may be presented in writing or in person.
(3)
After receiving all comments, council shall establish priorities for the grant year, including such percentage allocations of funds to categories and to particular income eligible areas as it deems appropriate.
(4)
After council establishes priorities for the grant year, city staff with the CDBG/HOME task force will develop a request for proposals, within the funding priorities established by council, to be advertised and distributed to interested parties and prior recipients of funds.
(5)
Responses to the city's request for proposals will be evaluated by the CDBG/HOME task force.
(6)
The CDBG/HOME task force shall provide funding recommendations to the planning commission and city council to ensure that proposed projects are consistent with the CDBG program requirements and national objectives and/or HOME program requirements, as applicable. Review will also include a determination of consistency with the city's comprehensive plan and affordable housing goal(s).
(7)
The city council and planning commission shall conduct a joint public hearing to receive public comments on the proposed annual action plan of the consolidated plan and CDBG/HOME performance, as appropriate. Notwithstanding the foregoing, the CDBG/Home performance plan may be presented at a separate public hearing as required by the Code of Federal Regulations.
(8)
Following the public hearing and any additional meetings or hearings deemed by the city council to be necessary, the council shall make a final decision on the programs, projects and expenditures to be funded from the year's CDBG/HOME programs.
(9)
The city shall provide the task force and planning commission with the Consolidated Annual Performance Evaluation Report (CAPER) in conjunction with the city's submission to HUD. The CAPER and evaluation of program specific successes and challenges will be used in future CDBG/HOME recommendations to city council for projects and programs.
(10)
Once council has approved and funded a program, any reprogramming and budgetary changes will be done consistent with the citizen participation plan adopted by council.
(Ord. of 8-15-16(2))
(a)
Plans or amendments, as required under this article shall be advertised in the manner provided by Code of Virginia, § 15.2-2204, and in accordance with the adopted citizen participation plan.
(b)
All meetings conducted pursuant to this article and all records of the CDBG and HOME programs shall be subject to the provisions of the Virginia Freedom of Information Act.
(Ord. of 8-15-16(2))
Editor's note— Ord. of Dec. 15, 2003, repealed § 2-421, which pertained to expiration of article. See also the Code Comparative Table.
The purpose of this article is to establish a technology zone, wherein the city may grant certain tax or other incentives to encourage the expansion of its commercial and industrial tax base.
(6-19-00(1), § 1)
(a)
There is hereby established a technology zone, consisting of all areas located within the corporate boundaries of the City of Charlottesville, as such boundaries exist and may be adjusted from time to time. Nothing set forth within this article shall preclude any area within the City of Charlottesville from also being designated as an enterprise zone.
(b)
Within the city's technology zone, a technology business shall receive a reduction of taxes owed to the city under Chapter 14 of the City Code, as provided by section 14-24 thereof.
(c)
A business engaged in any of the following activities shall be deemed a "technology business":
(1)
Design, development or other creation, for lease, sale or license, of computer software or hardware, computer network protocols, information systems, Internet software, Internet database applications;
(2)
Provision of Internet services (i.e., services, including an Internet Web-hosting service, enabling users to access content, information, electronic mail and the Internet as part of a package of services sold to customers), and business-to-business exchanges;
(3)
Design, development or other creation, for lease, sale or license, of biotechnology, or pharmaceutical or medical technologies or products, including, without limitation: drug development, clinical trials services, data management and reporting and regulatory services;
(4)
Design, development or other creation or provision, for lease, sale or license, of immunology and analytical biochemistry services, including, without limitation: mass spectrometry and HPLC, or liquid chromatography, equipment, services and supplies;
(5)
Design, development or other creation, for lease, sale or license, of telecommunications equipment or technology, such as digital switching systems, Internet protocol telephony gateway, network telephone solutions;
(6)
Design, development or other creation of electronics, for lease, sale or license, including, without limitation: flexible and printed circuits, custom integrated circuits, electronic assemblies, medical electronics displays.
(7)
Receipt, as the principal or prime contractor, of identifiable federal appropriations for research and development services, as such services are defined in § 31.205-18(a) of the Federal Acquisition Regulations, in the areas of: (i) computer and electronic systems, (ii) computer software, (iii) applied sciences, (iv) economic and social sciences, and (v) electronic and physical sciences.
(8)
The mere use of computer hardware or software in the performance of business activities will not render a business a "technology business" for the purposes of the technology zone, including, without limitation any such businesses which offer training or education to employees with respect to the use of computer hardware or software in the performance of the employees' job duties.
(d)
The department of economic development shall be responsible for promoting the incentives and other benefits conferred upon technology businesses by this technology zone.
(6-19-00(1), § 1)
This article shall be known and referred to as the Charlottesville Human Rights Ordinance.
(5-20-13(1))
(a)
It shall be unlawful and a violation of this article for any person, partnership, corporation or other entity to engage in discrimination in housing, employment, public accommodations, credit, and education on the basis of race, color, religion, sex, pregnancy, childbirth or related medical conditions, national origin, age, marital status or disability.
(b)
As used herein, the term "discrimination on the basis of sex" is defined to include, but not be limited to, discrimination on the basis of gender identity, transgender status or sexual orientation.
(c)
As used herein, the term "unlawful discriminatory practice" includes conduct in violation of any comparable Virginia or federal statute or regulation governing unlawful discrimination.
(5-20-13(1))
(a)
There is hereby created in the City of Charlottesville a human rights commission, consisting of no less than nine (9) members appointed by the city council. The commission membership shall be broadly representative of the city's population, with consideration of racial, gender (including gender identity, transgender status, and sexual orientation), religious, ethnic, disabled, socio-economic, geographic neighborhood and age groups within the city. Of the members first appointed, at least three (3) shall be appointed for terms of three (3) years, at least three (3) shall be appointed for terms of two (2) years, and at least three (3) shall be appointed for terms of one (1) year. Thereafter members shall be appointed for terms of three (3) years each. Any vacancy shall be filled by the city council for the unexpired portion of a term. Following notice to the member, any member of the commission may be removed for good cause by a majority vote of city council.
(b)
The commission shall elect from its members a chair, a vice-chair, and such other officers as the commission may deem appropriate. The commission may also adopt rules and procedures to govern the conduct of its affairs.
(c)
Members of the commission shall serve without compensation, but funds may be appropriated in the city's annual budget for reasonable and necessary expenses to be incurred by commission in the conduct of its prescribed functions.
(d)
All meetings of the commission shall be advertised in advance and in the manner required by law, and shall be open to the public except for meetings lawfully closed pursuant to the Virginia Freedom of Information Act. At the beginning and at the end of each of its public meetings the commission will receive public comment in accordance with city council's "Rules for Public Participation."
(e)
The commission may, in its discretion, delegate any of its duties or responsibilities hereunder to a panel of not less than three (3) commissioners.
(f)
There shall be a full-time director of the commission, who shall be appointed by the city manager with the advice and consent of the commission and who shall serve full time in that capacity. The director will be responsible for and report to the commission in the day-to-day operational conduct of the commission's activities. The director shall report directly to the city manager for administrative and fiscal matters. The city manager shall delegate to the director the authority to employ such additional staff as authorized and funded by the city council, in order for the commission to fulfill effectively its obligations under this article.
(g)
All city departments, boards and commissions shall cooperate with and provide assistance to the commission, including the provision of information in response to reasonable requests from the commission.
(h)
Legal counsel shall be provided to the commission and its staff through the office of the city attorney. The city council may authorize retention of outside counsel where deemed appropriate upon recommendation of the city attorney.
(5-20-13(1))
The role of the human rights commission is to act as a strong advocate for justice and equal opportunity by providing citywide leadership and guidance in the area of civil rights. The commission will:
(1)
Identify and review policies and practices of the City of Charlottesville and its boards and commissions and other public agencies within the city and advise those bodies on issues related to human rights issues;
(2)
Collaborate with the public and private sectors for the purpose of providing awareness, education and guidance on methods to prevent and eliminate discrimination citywide;
(3)
Assist individuals who believe they are the victim of an act of unlawful discrimination within the city;
(4)
Make recommendations regarding the city's annual legislative program, with an emphasis on enabling legislation that may be needed to implement programs and policies that will address discrimination;
(5-20-13(1))
(a)
The commission will serve as a forum for the discussion of human rights issues, and be responsible for conducting ongoing efforts to engage community members in an open, honest and creative dialogue regarding issues of equity and opportunity, including but not limited to issues considered by the city's dialogue on race initiative.
(b)
The commission may conduct or engage in educational and informational programs for the promotion of mutual understanding, reconciliation and respect between all classes of individuals protected by this article and the larger Charlottesville community.
(5-20-13(1))
(a)
The commission will be responsible for identifying and reviewing policies, practices and systems of an institutional nature that:
(1)
May be unlawful discriminatory practices; or,
(2)
May not constitute unlawful discriminatory practices but nevertheless which produce disparities that adversely impact affected individuals on the basis of a status such as their race, color, religion, sex, pregnancy, childbirth or related medical conditions, national origin, age, marital status, criminal record, income or disability.
(b)
Any review undertaken pursuant to this section may be initiated at the request of any other public or private entity, or by the commission on its own initiative.
(c)
The commission may conduct its own research and review of existing studies and literature, collaborate with other research organizations, organize public focus groups and hold such hearings as may be necessary to identify policies, practices and systems as referenced in (a), above. For each such identified policy, practice or system, the goal of the commission will be to formulate recommendations and to propose concrete, actionable reforms that will eliminate discriminatory practices or the adverse effects of lawful other practices.
(5-20-13(1))
(a)
The director will develop and implement a central intake mechanism for receiving and processing individual complaints that allege an unlawful discriminatory practice in the city.
(b)
In cases where investigation and remediation are already available in the city, such as employment discrimination complaints within the jurisdiction of the Equal Employment Opportunity Commission ("EEOC") or fair housing complaints addressed by the Piedmont Housing Alliance, the complaint will be referred to that agency so that investigation and enforcement may be initiated by those bodies, which will offer services in the city and, to the extent allowed by law, report their findings to the commission.
(c)
For all other complaints alleging an unlawful discriminatory practice as defined herein within the corporate limits of the city, the director or other designated professional staff will conduct, as authorized by this article, fact-finding, mediation, conciliation, and, if necessary, full investigation of the complaint as he or she deems appropriate to ascertain the facts underlying the charge of discrimination, provided that the complaint may be dismissed by the director without investigation if it fails to adequately allege a violation of this article or is otherwise deficient on its face. If the complaint is not dismissed the director will serve a copy on each respondent named therein. Upon completion of the initial investigation, the director shall render a written determination of whether there is probable cause to believe a violation of this article has occurred, and the facts supporting such determination. The written determination shall promptly be served on the parties.
(d)
If the director determines that there is probable cause to believe a violation has occurred, the director will propose an initial meeting between the parties for the purpose of exploring a resolution of the complaint through voluntary mediation or other informal means. Nothing herein shall be interpreted as requiring any party to participate in mediation or any other conciliatory efforts. Materials used and communications made during a mediation or informal conciliation shall be confidential, and shall not be disclosed to the public by the director, the commission or its staff unless disclosure is authorized in writing by all parties to the dispute.
(e)
If the mediation or conciliation is concluded to the satisfaction of both parties, the complaint will be considered resolved upon the parties' execution of a written conciliation or settlement agreement. Unless all parties agree otherwise the execution of a written agreement is solely for the purpose of settling a disputed claim, and does not constitute an admission by any party that the law has been violated. No further action on the initial complaint will be taken by the commission or its staff once the agreement is executed. If mediation or conciliation is not successful, the director or designee may conduct further investigation or, if further investigation is not warranted, either dismiss the complaint as not constituting a violation or proceed with the preparation of materials for consideration by the commission, as provided in section 2-439.1(b).
(f)
In order to fulfill the requirements of this section, the city manager is authorized to contract on behalf of the city with any objective, neutral third party qualified to assess allegations of discriminatory conduct as prohibited in section 2-431, for the purpose of receiving complaints, conducting investigations, rendering written determinations of whether there is probable cause to believe a violation of this article has occurred, conducting mediations or conciliations of complaints and advising the director of the commission of the results of any investigation, mediation or conciliation of complaints.
(5-20-13(1))
(a)
If the director determines that there is insufficient probable cause to believe a violation of this article has occurred, the director shall dismiss the complaint and advise the complainant in writing that such dismissal shall become final unless, within ten (10) business days of receipt of notice of the dismissal, the complainant files with the commission a request for a review of the determination of the director. On written petition of the complainant the commission may review the director's conclusion, and may either overrule or affirm the finding of no probable cause. The parties may submit such additional information as they desire for the commission's consideration. If the commission determines that probable cause exists, it shall direct the director to continue the investigation or proceed with conciliation efforts.
(b)
If the director determines that probable cause to believe a violation did occur and either party declines to participate in mediation or other informal means of resolving the complaint, or if such efforts are attempted but unsuccessful, the director shall prepare a written summary of the evidence on which the determination of probable cause is based, and shall recommend appropriate remedies for the discriminatory actions in a report to the commission. The commission shall determine by majority vote whether to hold a public hearing on the complaint. The commission shall base its determination on its judgment as to how enforcement of this article would be best served. If the commission determines not to hold a public hearing, it shall either dismiss the complaint or take such action as it deems appropriate and consistent with the purposes of this article and the powers of the commission hereunder.
(c)
If a hearing is to be held, the commission shall promptly notify the parties of the time, date and location of the hearing and serve upon them a statement of the charges against the respondent, the director's summary of the evidence and recommended remedies, and the issues to be considered at the hearing. The commission will have the option to consider all of the allegations and issues set forth in the complaint or, in its discretion, may limit the scope of the hearing to one (1) or more of the allegations or issues. The notice and statement shall be served no later than fourteen (14) days prior to the date of the hearing. Hearings of the commission may be held before the entire commission or before designated hearing panels, consisting of three (3) or more members of the commission, as the commission in its discretion may determine. The chair or a commissioner designated by the chair shall preside over the public hearing, which shall be open to the public.
(d)
Whenever the commission has reasonable cause to believe that any person has engaged in or is engaging in any unlawful discriminatory practice, and the commission, after a good faith effort to obtain the data and information necessary to determine whether a violation has occurred, has been unable to obtain such information, it may request the city attorney to apply to the judge of the circuit court of the jurisdiction in which the respondent resides or is doing business for a subpoena duces tecum against any person refusing to produce such data and information. The judge of the court, upon good cause shown, may cause the subpoena to be issued. Any person failing to comply with such subpoena shall be subject to punishment for contempt by the court issuing the subpoena. For purposes of this section, "person" includes any individual, partnership, corporation, association, legal representative, mutual company, joint stock company, trust, unincorporated organization, employee, employer, employment agency, labor organization, joint labor-management committee, or an agent thereof.
(e)
In cases to be heard by the commission the complainant and the responding parties shall be entitled:
(1)
To file written statements or arguments with the commission prior to the hearing;
(2)
To be represented by privately retained counsel of his or her choice;
(3)
To present his or her case or defense by oral or documentary evidence, to be given under oath or by affirmation;
(4)
To submit rebuttal evidence; and
(5)
To conduct such cross-examination as may be required for a full and true disclosure of the facts. Any oral or documentary evidence may be received, but the commission as a matter of policy shall provide for the exclusion of irrelevant, immaterial or unduly repetitious evidence. The commission shall not be bound by the strict rules of evidence prevailing in the courts of law or equity.
(f)
The director shall be responsible for assuring the development of the evidentiary record before the commission and may introduce evidence, examine or cross-examine witnesses, or make argument if he or she deems it advisable in order to fully apprise the commission of the facts or the applicable law. The commission shall keep a full record of the hearing, which record shall be public and open to inspection by any person unless otherwise provided by any applicable law or regulations. Any party may request that the commission furnish such party a copy of the hearing record and shall reimburse the commission for the cost of producing the copy. In matters where any party is represented by counsel, the office of the city attorney shall provide an attorney as counsel to the commission who will also assist the director in preparing the case.
(g)
If, after the hearing, the commission determines by a preponderance of the evidence that the respondent has committed or is committing the alleged violation(s) of this article, the commission shall state its findings and may issue recommendations, to be served promptly on the parties, which recommendations may include notice to the respondent to cease and desist from such violation(s) and to take such action as may be authorized by law to effectuate the purpose of this article, including but not limited to the payment by respondent of compensatory damages to any person or persons found by the commission to be so entitled by reason of the violation(s) of this article, or the placement or restoration of any person in or to such status in which the commission finds he or she would be but for respondent's violation(s) of this article.
(h)
If, after receiving the evidence presented at the hearing, the commission finds that the respondent has not engaged in the alleged violation(s) of this article, the commission shall state its findings and shall dismiss the complaint. Prompt notice of such action shall be given to the parties.
(i)
Nothing herein shall be construed as authorizing the commission to issue subpoenas, award damages or grant injunctive relief.
(5-20-13(1))
(a)
If the commission finds that a respondent has committed a violation of this article and determines that appropriate remedial measures have not been taken, the commission, through the city attorney, and subject to approval by the city council, may file an appropriate action in any court of competent jurisdiction to prove, de novo, that the respondent violated this chapter; secure compliance with this chapter; and/or obtain appropriate relief available under any applicable federal or state statute or regulation including, but not limited to an award of injunctive relief, compensatory and/or punitive damages and a recovery of costs and attorney's fees for any person, including the city, injured as a result of a violation of this chapter.
(b)
If the city council approves the institution of any proceeding in court, the proceeding shall be brought in the name of the City Council and the Human Rights Commission of the City of Charlottesville.
(5-20-13(1))
It shall be unlawful for any commissioner, officer, employee, contractor or staff member of the commission to disclose or make public any complaints, investigative notes, or other correspondence and information furnished to the commission or its staff in confidence with respect to a complaint, an investigation or conciliation process involving an alleged unlawful discriminatory practice. A violation of this section shall be a Class 3 misdemeanor.
(5-20-13(1))
The commission shall make an annual comprehensive report to city council that outlines its efforts during the preceding year in the areas of identifying and addressing systemic or institutional discrimination; processing individual complaints of unlawful discrimination; and facilitating a community dialogue regarding issues of human rights. The report shall also outline the commission's work plan for the ensuing year, which shall be subject to approval or modification by city council.
(5-20-13(1))
The provisions of the article are severable; and if any provision, sentence, clause, section or part thereof is held illegal, invalid, unconstitutional or inapplicable to any person or circumstance, such illegality, invalidity, unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this article, or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this article would have been adopted if such illegal, invalid or unconstitutional provision, sentence, clause, section or part had not been included therein, and if the person or circumstances to which the chapter or any part thereof is inapplicable had been specifically exempted therefrom.
(5-20-13(1))
(a)
No minor under eighteen (18) years of age shall be employed in, play in, remain in or frequent any billiard saloon or poolroom; provided, however, a minor under sixteen (16) years of age may play billiards or pool in a public billiard saloon or poolroom if accompanied by a parent or legal guardian; and, provided further, that minors sixteen (16) and seventeen (17) years of age may frequent and play billiards or pool in a public poolroom or billiard saloon if such public poolroom or billiard saloon is situated on the first floor of the building in which it is located at approximately ground or sidewalk level with sufficient windows or clear glass fronts to afford an unobstructed view of the interior. The interior of such public poolroom or billiard saloon shall be well lighted and without partitions in the playing area. No public poolroom or billiard saloon which permits minors, as authorized by this section, to play billiards or pool shall sell any alcoholic beverages or permit any alcoholic beverages to be consumed on such premises.
(b)
If any owner or keeper of any billiard saloon or poolroom as set forth above allows any minor to violate the provisions of this section, he shall be deemed to be guilty of a violation of this section.
(c)
For the purposes of this section, the term "poolroom or billiard saloon" shall not be construed to include an establishment in which not more than three (3) pool tables having a gross playing surface each of three thousand two hundred (3,200) square inches or less and operating on the coin-in-the-slot principle are exclusively kept or played.
(d)
A violation of the provisions of this section shall constitute a Class 3 misdemeanor.
(Code 1976, § 3-1)
Cross reference— Penalty for Class 3 misdemeanor, § 1-11; curfew for minors, §§ 17-7, 17-8.
State Law reference— Authority for above section, Code of Virginia, § 18.2-432.
(a)
No person shall conduct any carnival or other like show or exhibition within the city without first making a deposit with the city treasurer of fifty dollars ($50.00) for each day on which an exhibition is proposed to cover the cost of additional city services in connection with such carnival, which shall be paid out of such deposit and the difference, if any, refunded. The chief of police shall designate such members of the police department as he may deem necessary for the policing of such carnival or other exhibition.
(b)
A violation of this section shall constitute a Class 2 misdemeanor.
(Code 1976, § 3-2)
Cross reference— Penalty for Class 2 misdemeanor, § 1-11; license tax on carnivals, § 14-55.
(a)
No minor under eighteen (18) years of age shall be employed in, play in, remain in or frequent any billiard saloon or poolroom; provided, however, a minor under sixteen (16) years of age may play billiards or pool in a public billiard saloon or poolroom if accompanied by a parent or legal guardian; and, provided further, that minors sixteen (16) and seventeen (17) years of age may frequent and play billiards or pool in a public poolroom or billiard saloon if such public poolroom or billiard saloon is situated on the first floor of the building in which it is located at approximately ground or sidewalk level with sufficient windows or clear glass fronts to afford an unobstructed view of the interior. The interior of such public poolroom or billiard saloon shall be well lighted and without partitions in the playing area. No public poolroom or billiard saloon which permits minors, as authorized by this section, to play billiards or pool shall sell any alcoholic beverages or permit any alcoholic beverages to be consumed on such premises.
(b)
If any owner or keeper of any billiard saloon or poolroom as set forth above allows any minor to violate the provisions of this section, he shall be deemed to be guilty of a violation of this section.
(c)
For the purposes of this section, the term "poolroom or billiard saloon" shall not be construed to include an establishment in which not more than three (3) pool tables having a gross playing surface each of three thousand two hundred (3,200) square inches or less and operating on the coin-in-the-slot principle are exclusively kept or played.
(d)
A violation of the provisions of this section shall constitute a Class 3 misdemeanor.
(Code 1976, § 3-1)
Cross reference— Penalty for Class 3 misdemeanor, § 1-11; curfew for minors, §§ 17-7, 17-8.
State Law reference— Authority for above section, Code of Virginia, § 18.2-432.
(a)
No person shall conduct any carnival or other like show or exhibition within the city without first making a deposit with the city treasurer of fifty dollars ($50.00) for each day on which an exhibition is proposed to cover the cost of additional city services in connection with such carnival, which shall be paid out of such deposit and the difference, if any, refunded. The chief of police shall designate such members of the police department as he may deem necessary for the policing of such carnival or other exhibition.
(b)
A violation of this section shall constitute a Class 2 misdemeanor.
(Code 1976, § 3-2)
Cross reference— Penalty for Class 2 misdemeanor, § 1-11; license tax on carnivals, § 14-55.
Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 1 misdemeanor.
(11-20-06(2))
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abandon means to desert, forsake, or absolutely give up an animal without having secured another owner or custodian for the animal or by failing to provide the elements of basic care as set forth in section Virginia Code § 3.1-796.68 for a period of five (5) consecutive days.
Agricultural animals means all livestock and poultry.
Animal means any nonhuman vertebrate species except fish. For the purposes of section 4-15, "animal" means any nonhuman vertebrate species including fish except those fish captured and killed or disposed of in a reasonable and customary manner.
Animal control officer means any person appointed as an animal control officer or deputy animal control officer as provided in Virginia Code § 3.1-796.66.
Animal shelter means a facility, other than a private residential dwelling and its surrounding grounds, that is used to house or contain animals and that is owned, operated or maintained by a nongovernmental entity including, but not limited to, a humane society, animal welfare organization, society for the prevention of cruelty to animals, or any other organization operating for the purpose of finding permanent adoptive homes for animals.
Collar means a well-fitted device, appropriate to the age and size of the animal, attached to the animal's neck in such a way as to prevent trauma or injury to the animal.
Companion animal means any domestic or feral dog, domestic or feral cat, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person or any animal that is bought, sold, traded, or bartered by any person. Agricultural animals, game species, or any animals regulated under federal law as research animals shall not be considered companion animals for the purposes of this chapter.
Cat means every cat, regardless of sex or age.
Direct and immediate threat means any clear and imminent danger to an animal's health, safety or life.
Dump means to knowingly desert, forsake, or absolutely give up without having secured another owner or custodian any dog, cat or other companion animal in any public place including the right-of-way of any public highway, road or street or on the property of another.
Dog means every dog, regardless of sex or age.
Enclosure means a structure used to house or restrict animals from running at large.
Euthanasia means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent that causes painless loss of consciousness and death during such loss of consciousness.
Law enforcement officer means any person who is a full-time or part-time employee of the city police department of city sheriff's department, and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the city and commonwealth. Part-time employees are compensated officers who are not full-time employees as defined by the employing department.
Leash means a physical restraint made of leather, chain, rope, or other reasonably strong material, which is securely attached to a dog's collar or harness and which is intended to be held by an owner of a dog or attached to an immovable object.
Miniature goat means a goat weighing less than one hundred (100) pounds, commonly known as pygmy, dwarf or miniature goats.
Owner means any person who: (i) has a right of property in an animal; (ii) keeps or harbors an animal; (iii) has an animal in his care; or (iv) acts as a custodian of an animal.
Pound means a facility operated by the city, or under a contract with any county, city, town, or incorporated society for the prevention of cruelty to animals, for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted animals under a contract with the city.
Primary enclosure means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, cage, compartment, or hutch. For tethered animals, the term includes the shelter and the area within reach of the tether.
Sore shall have the same meaning as set forth in Virginia Code § 3.1-796.66.
Sterilized means a surgical or chemical procedure performed by a licensed veterinarian that renders a dog or cat permanently incapable of reproducing.
To run at large or running at large means to roam, loiter, walk, run or be on or off the premises of the owner without being fenced, caged, physically carried, kept in an enclosure, or held by leash by a person thoroughly capable both physically and mentally of controlling the animal. A dog shall not be considered to be running at large if it is both (i) sterilized, as defined in this Chapter; and (ii) within the immediate voice control of its owner; provided, however, that the immediate voice control option shall not be applicable in those areas where a leash is mandatory pursuant to section 4-40.
Treatment or adequate treatment means the responsible handling or transportation of animals in the person's ownership, custody or charge, appropriate for the age, species, condition, size and type of the animal.
(11-20-06(2); 9-7-10(1))
The Charlottesville-Albemarle S.P.C.A. Shelter, pursuant to a contract between the SPCA and the City of Charlottesville, serves as the city pound for the purposes of this chapter. Any dog or cat which has been confined in the city pound pursuant to the provisions of this chapter shall be kept for a period of not less than five (5) days unless sooner claimed by the owner; provided, that no provision herein shall be construed to prohibit the destruction of critically injured or ill dogs or cats for humane purposes. The owners and operators of the pound shall comply with the provisions of Virginia Code § 3.1-796.96 and all applicable regulations promulgated by the Virginia Board of Agriculture and Consumer Services.
(11-20-06(2))
(a)
Pursuant to Virginia Code § 3.1-796.104, the position of animal control officer for the city is hereby created, and vested with the power to enforce Chapter 27.4 of Title 3.1 of the Code of Virginia, all ordinances enacted pursuant to that chapter, and all laws for the protection of domestic animals. The animal control officer and his deputies, if any, shall be appointed as prescribed in such section of the state law.
(b)
The animal control officer shall maintain complete and accurate records of all actions taken in the enforcement of this chapter and the provisions of state law, including but not limited to records of all dogs found to be aggressive, dangerous or vicious and all official complaints and investigations regarding possible violations of law.
(11-20-06(2))
(a)
No owner of an animal which is known or reasonably suspected of being dangerous shall suffer or permit such animal to run at large in the city or be kept in the city at any time except in strict confinement in such manner as to be safe for the public at large or any person who may have occasion to go on the premises on which such animal is kept.
(b)
If the owner of any animal known or reasonably suspected of being dangerous fails to take it into custody after being notified to do so by the animal warden, such animal may be killed by the animal warden if it is deemed necessary for the safety of the public. Upon complaint or warrant alleging that a dangerous animal is being allowed to run at large in the city, or is not being confined in the manner provided by this section, the owner of the animal shall be brought before the judge of the general district court and, after inquiry into the facts, the judge shall order the animal killed by the animal warden or make such further disposition of the case as shall ensure the future safety of the public from danger from such animal. If the owner of the animal cannot be ascertained, the animal shall be taken into custody by the animal warden and, upon its being determined that subsection (a) of this section is being violated with respect to such animal, it shall be disposed of as hereinbefore provided, just as if the owner were present.
(11-20-06(2))
(a)
No owner of an animal shall suffer or permit it to go upon the land of any other person and damage or destroy any garden, shrub, grass or other property thereon.
(b)
Any person owning property which is damaged or destroyed by any violation described in this section may enter a complaint by a warrant issued against the owner of the animal involved, and the complaint shall be heard by the judge of the general district court as all other complaints under criminal warrants are heard.
(c)
A violation of this section shall constitute a Class 4 misdemeanor. Upon a second conviction within one (1) year of a violation of this section involving the same animal, in addition to imposing a fine for the violation, the judge shall order the owner of the animal to take it into custody and to confine it in such a way that it will not be permitted to run at large at any time. Upon the failure of the owner to comply with such order, the animal shall be seized by the animal warden and humanely destroyed or placed for adoption outside of the city.
(11-20-06(2))
No person shall permit a horse, mule, cow, bull, sheep, goat or hog to run at large in the city. Any horse, mule, cow, bull, sheep, goat or hog found at large shall be impounded until redeemed by its owner. If not redeemed within five (5) days, during which time the animal warden or pound personnel shall make reasonable efforts to identify and notify the owner, the animal may be sold by the animal warden, and the proceeds, after deducting the amount of the costs of impoundment, shall be held by the city treasurer for the benefit of the owner for sixty (60) days, after which they shall revert to the general fund if unclaimed. If sale is impracticable or no purchaser is found, an animal may instead be placed for adoption or humanely destroyed. Nothing in this section shall be construed to prohibit the destruction of a critically injured or ill animal for humane purposes.
(11-20-06(2); 9-7-10(1))
It shall be unlawful for any person to permit any chickens, ducks, geese, pigeons or other fowl belonging to him to go at large in the city; except, that homing pigeons may be released for return to their cote without violating this section.
(11-20-06(2))
(a)
No hogs, goats (other than miniature goats) or sheep shall be kept in the city except for immediate shipment or slaughter.
(b)
Miniature goats may be kept within any residential zoning district in the city, subject to the following:
(1)
Males must be neutered;
(2)
Goats must be dehorned;
(3)
No more than three (3) miniature goats may be kept at the same time on the same property, except that nursing off-spring may be kept on the property until the age of twelve (12) weeks, and shall not be included in the number of goats allowed.
(11-20-06(2); 9-7-10(1))
It shall be unlawful for any person to park any vehicle containing livestock on any street within any residential zoning district within the city, as designated by Chapter 34 of this Code, for more than one-half (½) hour. A vehicle shall be considered parked for one-half (½) hour if it is not moved at least one (1) block within that period.
(11-20-06(2))
(a)
All dogs and cats shall be deemed personal property and may be the subject of larceny and malicious or unlawful trespass. Owners, as defined in section 4-2, may maintain any action for the killing of any such animals, or injury thereto, or unlawful detention or use thereof as in the case of other personal property.
(b)
In addition to any penalty imposed herein, any owner who violates a provision of this chapter shall be liable for any loss or damage resulting from the violation, including but not limited to reasonable and necessary medical and hospitalization expenses, loss of wages, veterinary bills, the fair market value or replacement cost of any animal killed or euthanized as a result of the violation, and any additional consequential damages.
(c)
An animal control officer or other law enforcement officer finding a stolen dog or cat, or a dog or cat held or detained contrary to law, shall have authority to seize and hold such animal pending action before a general district court or other court. If no such action is instituted within seven (7) days, the animal control officer or other officer shall deliver the dog or cat to its owner.
(d)
The presence of a dog or cat on the premises of a person other than its legal owner shall raise no presumption of theft against the owner, and the animal control officer may take such animal in charge and notify its legal owner to remove it. The legal owner of the animal shall pay the actual costs for the keeping of such animal while in the possession of the animal control officer.
(11-20-06(2))
Note— Similar provisions, Virginia Code § 3.1-796.127.
(a)
It is unlawful for any traveling or performing animal exhibition or circus to operate within the City of Charlottesville without a valid permit issued by the city animal control officer. A permit fee of fifty dollars ($50.00) shall be paid at the time the application for permit is made. The permit shall not be transferable and shall be posted in a conspicuous place on the premises occupied by the exhibition or circus for the duration of the event.
(b)
The owner or operator of any traveling or performing animal exhibition or circus shall make written application for a permit on forms provided by the City of Charlottesville no later than ten (10) days prior to the first performance, display or event. The application shall include the name, address and telephone number of the owner or operator, the city location of the exhibition or circus, the arrival and departure dates, a copy of the current United States Department of Agriculture ("USDA") license and inspection report made within the past twelve (12) months, the name and address of the staff veterinarian or local on-call veterinarian, an animal inventory and current animal health certificates.
(c)
Prior to the approval of the permit the city animal control officer shall inspect the animals and the proposed premises of the exhibition or circus to determine whether all animals have been given adequate feed, adequate water, adequate shelter, adequate space for the particular type of animal, adequate veterinary care when needed, and humane care and treatment. The animal control officer may request that a USDA accredited veterinarian, licensed by the Commonwealth of Virginia, accompany him during the inspection. Any costs associated with inspection by a veterinarian shall be paid by the exhibition or circus.
(d)
The animal control officer shall issue a permit to the exhibition or circus if the inspection reveals compliance with the requirements of this section. The permit may be denied for failure to comply with any requirement of this section.
(e)
It shall be unlawful for any person to induce or encourage an animal to perform, as part of a any traveling or performing animal exhibition or circus, through the use of chemical, mechanical, electrical or manual devices in a manner that will cause or is likely to cause physical injury or suffering to the animal.
(11-20-06(2))
If any person engages in the fighting of cocks, dogs or other animals, for money, prize or anything of value, or upon the result of which any money or other thing of value is bet or wagered, or to which an admission fee is charged, directly or indirectly, such person shall be guilty of a Class 3 misdemeanor.
(11-20-06(2))
(a)
Any person who:
(1)
Overrides, overdrives, overloads, tortures, ill-treats, abandons, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation, or cruelly or unnecessarily beats, maims, mutilates or kills any animal, whether belonging to himself or another;
(2)
Deprives any animal of necessary food, drink, shelter, or emergency veterinary treatment;
(3)
Sores any equine for any purpose or administers drugs or medications to alter or mask such soring for the purpose of sale, show or exhibition of any kind, unless such administration of drugs or medications is within the context of a veterinary client-patient relationship and solely for therapeutic purposes;
(4)
Willfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal;
(5)
Carries or cause to be carried, in or upon any vehicle or vessel or otherwise, any animal in a cruel, brutal or inhumane manner, so as to produce torture or unnecessary suffering; or
(6)
Causes any of the above things, or being the owner of such animal, permits such acts to be done by another;
shall be guilty of a Class 1 misdemeanor.
(b)
Nothing in this section shall be construed to prohibit the dehorning of cattle or miniature goats.
(c)
Any person who (i) tortures, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation or cruelly and unnecessarily beats, maims or mutilates any animal that is a companion animal whether belonging to him or another; (ii) sores any equine for any purpose or administers drugs or medications to alter or mask such soring for the purpose of sale, show or exhibition of any kind, unless such administration of drugs or medications is within the context of a veterinary client-patient relationship and solely for therapeutic purposes; (iii) instigates, engages in, or in any way furthers any act of cruelty to any animal set forth in clause (i); or (iv) causes any of the actions described in clauses (i) through (iii), or being the owner of such animal, permits such acts to be done by another; and has been within five (5) years convicted of a violation of this section, shall be guilty of a Class 6 felony if the current violation or any previous violation of this section resulted in the death of an animal or the euthanasia of such animal on the recommendation of a licensed veterinarian upon determination that such euthanasia was necessary due to the condition of the animal, and such condition was a direct result of a violation of this subsection or subsection (a).
(d)
For purposes of this section the word " animal " shall be construed to include birds and fowl.
(e)
Any person who (i) tortures, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation or cruelly and unnecessarily beats, maims or mutilates any dog or cat that is a companion animal whether belonging to him or another and (ii) as a direct result causes the death of such dog or cat that is a companion animal, or the euthanasia of such animal on the recommendation of a licensed veterinarian upon determination that such euthanasia was necessary due to the condition of the animal, shall be guilty of a Class 6 felony. If a dog or cat is attacked on its owner's property by a dog so as to cause injury or death, the owner of the injured dog or cat may use all reasonable and necessary force against the dog at the time of the attack to protect his dog or cat. Such owner may be presumed to have taken necessary and appropriate action to protect his dog or cat and shall therefore be presumed not to have violated this subsection. The provisions of this subsection shall not override sections 4-44 through 4-48 of this chapter.
(f)
It is unlawful for any person to kill a domestic dog or cat for the purpose of obtaining the hide, fur or pelt of the dog or cat. A violation of this subsection shall constitute a Class 1 misdemeanor. A second or subsequent violation of this subsection shall constitute a Class 6 felony.
(g)
In addition to the penalties provided in subsection (a), the court may, in its discretion, require any person convicted of a violation of subsection (a) to attend an anger management or other appropriate treatment program or obtain psychiatric or psychological counseling. Any person convicted of violating this section may be prohibited by the court from possession or ownership of companion animals.
(11-20-06(2); 9-7-10(1))
(a)
The entire area embraced within the corporate limits of the city is hereby designated as a bird sanctuary.
(b)
It shall be unlawful for any person to trap, hunt or shoot any bird or wild fowl, or attempt to do the same, or to tamper with or rob nests of any bird or wild fowl. It shall likewise be unlawful for any person to kill any sparrow, martin, wren or other bird.
(c)
This section shall not apply to pigeons or starlings.
(11-20-06(2))
No person shall abandon or dump any animal. Violation of this section is a Class 3 misdemeanor. Nothing in this section shall be construed to prohibit the release of an animal by its owner to a pound, animal shelter, or other releasing agency.
(11-20-06(2))
The use by any person of an animal trap designed to catch an animal by closing on a limb, whether made of steel or other material, is prohibited within the city. Any person setting such a trap anywhere in the city, whether or not any animal was caught in the trap, shall be guilty of a violation of this section.
(11-20-06(2))
(a)
It shall be unlawful for any person to place or confine an animal or allow an animal to be placed or confined in a motor vehicle under such conditions or for such a period of time as to endanger the health or well-being of such animal due to temperature, lack of food or drink, or such other conditions as may reasonably be expected to cause suffering, disability, or death. After making a reasonable effort to find the driver of a vehicle in which an animal is confined, the animal control officer or other law enforcement officer may use the least intrusive means to enter the vehicle if necessary to remove the animal, where reasonable cause exists to believe the animal may die if not immediately removed.
(b)
The animal control officer or law enforcement officer removing the animal shall then impound the animal and leave in a prominent place on the motor vehicle a written notice of the animal's impoundment and where and when the animal may be reclaimed. The owner or person reclaiming the animal shall be responsible for any costs associated with the removal, impoundment and treatment of the animal.
(11-20-06(2))
(a)
Any animal found abandoned, cruelly treated, or rendered in such a condition as to constitute a direct and immediate threat to its life, safety or health may be seized pursuant to § 3.1-796.115 of the Code of Virginia by the animal control officer or any law enforcement officer. Upon seizing or impounding an animal, the animal control officer or law enforcement officer shall petition the City General District Court for a hearing. The hearing shall be not more than ten (10) business days from the date of the seizure of the animal, and shall determine whether the animal has been abandoned, has been cruelly treated or has not been provided adequate care.
(b)
Upon the seizure of an animal pursuant to this section the animal control officer or law enforcement officer shall cause to be served upon the person with a right of property in the animal or the custodian of the animal notice of the hearing in the manner prescribed by Virginia Code § 3.1-796.115.
(c)
If the court determines that the animal has been neither abandoned, cruelly treated nor deprived of adequate care, the animal shall be returned to the owner. If the court determines that the animal has been abandoned, cruelly treated or deprived of adequate care, the disposition of the animal shall be as provided in Virginia Code § 3.1-796.115.
(11-20-06(2))
(a)
When the owner of any animal or grown fowl which has died knows of such death, such owner shall forthwith have its body cremated or buried, and if he fails to do so, any judge of the general district court, after notice to the owner if he can be ascertained, shall cause such dead animal or fowl to be cremated or buried by an officer or other person designated for the purpose. Such officer or other person shall be entitled to recover of the owner of every such animal so cremated or buried the actual cost of such cremation or burial, not to exceed seventy-five dollars ($75.00), and of the owner of every such fowl so cremated or buried the actual cost of such cremation or burial, not to exceed five dollars ($5.00), to be recovered in the same manner as officers' fees are recovered, free from all exemptions in favor of such owner. Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor.
(b)
This section shall not be deemed to require the burial or cremation of the whole or any portion of any animal or fowl which is to be used for food or in any commercial manner.
(11-20-06(2))
(a)
The owner of any companion animal which has died from disease or other cause shall forthwith cremate, bury or sanitarily dispose of such companion animal. If, after notice, any owner fails to do so, the animal warden or other officer shall bury or cremate the animal, and he may recover from the owner, on behalf of the city, his cost for this service.
(b)
The animal warden, other officer or any other person killing a companion animal under this chapter shall cremate, bury or sanitarily dispose of the same.
(11-20-06(2))
It shall be unlawful and a Class 4 misdemeanor for any person to own or keep within the city any dog four (4) months old or older for which a current license has not been secured as provided by the laws of the state.
(11-20-06(2))
(a)
The dog license tax, payable at the office of the city treasurer, shall be as follows:
(1)
For any individual dog, a lifetime license tax of ten dollars ($10.00).
(2)
Reserved.
(3)
For a kennel of twenty (20) dogs, twenty dollars ($20.00) annually.
(4)
For a kennel of fifty (50) dogs, thirty-five dollars ($35.00) annually.
(b)
The lifetime license shall be valid only as long as the animal's owner resides in the city and the dog's rabies vaccination is kept current. A fee of one dollar ($1.00) will be charged for replacement of a dog license that is lost or stolen. The license for a kennel shall run from January 1 to December 31, inclusive.
(c)
No license tax shall be levied on any dog that is trained and serves as a guide dog for a blind person or that is trained and serves as a hearing dog for a deaf or hearing impaired person or that is trained and serves as a service dog for a mobility-impaired person. As used in this section, " hearing dog " means a dog trained to alert its owner by touch to sounds of danger and sounds to which the owner should respond, and "service dog" means a dog trained to accompany its owner for the purpose of carrying items, retrieving objects, pulling a wheelchair or other such activities of service or support.
(11-20-06(2); 11-20-17)
State Law reference— Similar provisions Code of Virginia, §§ 3.2-6527—3.2-6536.
(a)
It shall be unlawful for the owner of any dog to allow such dog to run at large, at any time, within the city, even though the dog is both lawfully licensed and vaccinated. Any person violating this section shall be guilty of a Class 4 misdemeanor; provided that, upon a fourth conviction within one (1) year of any offense under this section involving the same dog, the defendant shall be deemed guilty of a Class 3 misdemeanor.
(11-20-06(2))
(a)
The harboring or keeping of any dog which, by loud, frequent or habitual barking or howling, shall cause annoyance and disturb the peace and quiet of any person or neighborhood is hereby declared to be a nuisance and unlawful.
(b)
Any person annoyed by loud, frequent or habitual barking or howling by a dog may enter a complaint by warrant returnable to the general district court, where the complaint shall be heard as all other complaints under criminal warrants are heard. Upon a finding by the judge that the dog involved is a loud, frequent or habitual barker or howler and causes annoyance and disturbs the peace and quiet of the complainant or neighborhood, the owner or custodian shall be deemed guilty of a Class 4 misdemeanor. Upon a third conviction within one (1) year of any offense under this section involving the same dog, in addition to imposing a fine for the violation, the judge shall order the owner or custodian of the dog to remove it permanently from the city within two (2) weeks. Should the owner or custodian fail to comply with such order, the dog shall be seized by the animal warden and humanely destroyed or placed for adoption outside of the city.
(11-20-06(2))
(a)
Notwithstanding other provisions of this chapter, dogs shall be kept on a leash and under control:
(1)
In all city parks (except for designated off-leash areas);
(2)
On the city's Greenway Trail System;
(3)
On the Meadow Creek Golf Course;
(4)
On the Downtown Pedestrian Mall between the Ninth Street bridge and Ridge-McIntire Road, and on all side streets between Water Street and Market Street which adjoin the Downtown Mall;
(5)
On all public school property; and
(6)
In all city-owned cemeteries.
Provided, however, that dogs in a sanctioned obedience or training show, trial, class, or similar event held in a city park shall not be required to be on a leash, while they are actually participating in such an event, nor shall dogs, whether sterilized or not, be required to be on a leash on specific days and in specific areas in the Greenbelt Trail Section of Riverview Park or in specifically designated off-leash areas in other city parks, as may be designated by the department of parks and recreation.
(b)
Any person who violates this section by failing to have his or her dog on a leash in the areas so designated herein shall be guilty of a Class 4 misdemeanor; provided that, upon a third conviction within one (1) year of any offense under this section involving the same dog, the defendant shall be deemed guilty of a Class 3 misdemeanor.
(11-20-06(2))
(a)
It shall be unlawful for any person owning, keeping, or having in his care or custody any dog, to fail, refuse, or neglect to remove any feces of such dog immediately and to dispose of it in a sanitary manner whenever such dog has defecated upon the following described property located within the city:
(1)
All city parks;
(2)
The Meadow Creek Golf Course;
(3)
The Rivanna Greenbelt Trail;
(4)
The Downtown Pedestrian Mall from Ridge-McIntire to the Ninth Street bridge, including the East End Amphitheater;
(5)
All public school property;
(6)
The property on which the Albemarle County Court Houses and the Albemarle County Office Building are located; and
(7)
Any other publicly maintained rights-of-way and paved sidewalks, streets, and bicycle paths.
This section shall not apply to a person with a disability being accompanied by a guide dog; and provided further, that this section shall not be construed to require or countenance any act of trespass upon public or private property.
(b)
Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor.
(11-20-06(2))
(a)
It shall be unlawful for any owner to tie, chain or tether a dog to any fixed or stationary object, or any other object designed to confine and limit the movement of the dog, for a period in excess of ten (10) cumulative hours during any twenty-four-hour period.
(b)
Any person who violates this section shall be guilty of a Class 4 misdemeanor; provided that, upon a third conviction within one (1) year of any offense under this section, whether or not involving the same dog, the defendant shall be deemed guilty of a Class 3 misdemeanor.
(11-20-06(2); Ord. of 3-5-07)
(a)
As used in this section, " dangerous dogs " means a canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person or companion animal, or killed a companion animal; however, when a dog attacks or bites another dog, the attacking or biting dog shall not be deemed dangerous (i) if no serious physical injury as determined by a licensed veterinarian has occurred to the other dog as a result of the attack or bite or (ii) both dogs are owned by the same person. No dog shall be found to be a dangerous dog as a result of biting, attacking or inflicting injury on another dog while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event.
(b)
" Vicious dog " means a canine or canine crossbreed that has (i) killed a person; (ii) inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or (iii) continued to exhibit the behavior which resulted in a previous finding by a court or an animal control officer that it is a dangerous dog, provided its owner has been given notice of that finding.
(c)
No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely because it is a particular breed. No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog if the threat, injury or damage was sustained by a person who was (i) committing, at the time, a crime upon the premises occupied by the animal's owner or custodian; (ii) committing, at the time, a willful trespass or other tort upon the premises occupied by the animal's owner or custodian; or (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. No police dog that was engaged in the performance of its duties at the time of the acts complained of shall be found to be a dangerous or vicious dog. No animal which, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, or its owner or owner's property, shall be found to be a dangerous or vicious dog.
(11-20-06(2))
(a)
If an animal control officer receives a complaint or has reason to believe that a canine or canine crossbreed is a dangerous dog, he shall undertake an investigation to determine whether the dog is dangerous. The animal protection officer shall confine the animal until a determination is made and any appeals have been exhausted. If the animal protection officer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as the investigation is complete and a decision is made and any appeals have been exhausted. The investigation shall include, but not be limited to, a review of the following: (i) the incident forming the basis of the complaint; (ii) any other violent acts by the animal; (iii) interviews with the complainant and anyone else, including the owner or custodian of the animal, having knowledge of the animal; and (iv) observations of the animal. Upon completion of the investigation, the animal protection officer shall make a written determination as to whether the animal is dangerous. If the animal protection officer determines that the animal is dangerous, the animal's owner shall comply with this ordinance. If the animal's owner disagrees with the animal protection officer's determination that the animal is dangerous, he may file an appeal to the general district court for a trial on the merits. The court, through its contempt powers, may compel the owner to produce the animal. If, after hearing the evidence, the court finds that the animal is a dangerous dog, the court shall order the animal's owner to comply with this ordinance.
(b)
Any animal control officer who has reason to believe that a canine or canine crossbreed is a vicious dog shall apply to a city magistrate for the issuance of a summons requiring the owner or custodian, if known, to appear before a general district court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue. The animal control officer shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the animal control officer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal. If, after hearing the evidence, the court finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with the provisions of Virginia Code § 3.1-796.119.
(11-20-06(2))
(a)
The owner of any animal found to be a dangerous dog shall, within ten (10) days of such finding, obtain a dangerous dog registration certificate from the animal control officer for a fee of fifty dollars ($50.00) in addition to other fees that may be authorized by law. The animal control officer shall also provide the owner with a uniformly designed tag that identifies the animal as a dangerous dog. The owner shall affix the tag to the animal's collar and ensure that the animal wears the collar and tag at all times. All certificates obtained pursuant to this paragraph (a) shall be renewed annually for the same fee and in the same manner as the initial certificate was obtained.
(b)
All certificates or renewals thereof required to be obtained under this section shall only be issued to persons eighteen (18) years of age or older who present satisfactory evidence (i) of the animal's current rabies vaccination, if applicable; (ii) that the animal has been neutered or spayed; (iii) that the animal is and will be confined in a proper enclosure or is and will be confined inside the owner's residence or is and will be muzzled and confined in the owner's fenced-in yard until the proper enclosure is constructed; and (iv) appropriate liability insurance has been obtained as required in section 4-46(d). In addition, owners who apply for certificates or renewals thereof under this section shall not be issued a certificate or renewal thereof unless they present satisfactory evidence that (i) their residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property and (ii) the animal has been permanently identified by means of a tattoo on the inside thigh or by electronic implantation.
(11-20-06(2))
(a)
While on the property of its owner, an animal found to be a dangerous dog shall be confined indoors or in a securely enclosed and locked structure of sufficient height and design to prevent its escape or direct contact with or entry by minors, adults, or other animals. The structure shall be designed to provide the animal with shelter from the elements of nature. When off its owner's property, an animal found to be a dangerous dog shall be kept on a leash and muzzled in such a manner as not to cause injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from biting a person or another animal.
(b)
If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or legal guardian shall be responsible for complying with all requirements of this article.
(c)
After an animal has been found to be a dangerous dog, the animal's owner shall immediately, upon learning of same, notify the local animal control officer if the animal (i) is loose or unconfined; (ii) bites a person or attacks another animal; (iii) is sold, given away, or dies; or (iv) has been moved to a different address.
(d)
The owner of any dangerous dog shall procure and maintain liability insurance in the amount of not less than one hundred thousand dollars ($100,000.00) insuring the owner for any injury or damage caused by such a dog. The owner shall maintain a valid policy and certificate of insurance issued by the insurance carrier or agent as to the coverage required by the subsection at the premises where the dog is kept and shall, upon request, display such policy and certificate to any animal control officer or law enforcement officer.
(11-20-06(2))
The owner of any animal which has been found to be a dangerous dog who willfully fails to comply with the requirements of this division shall be guilty of a Class 1 misdemeanor. All fees collected pursuant to the dangerous and vicious dog provisions herein, less the costs incurred by the city in producing and distributing the certificates and tags required by the ordinance, shall be paid into a special dedicated fund for the purpose of paying the expenses of any training course required under Virginia Code § 3.1-796.104.1.
(11-20-06(2))
Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 1 misdemeanor.
(11-20-06(2))
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abandon means to desert, forsake, or absolutely give up an animal without having secured another owner or custodian for the animal or by failing to provide the elements of basic care as set forth in section Virginia Code § 3.1-796.68 for a period of five (5) consecutive days.
Agricultural animals means all livestock and poultry.
Animal means any nonhuman vertebrate species except fish. For the purposes of section 4-15, "animal" means any nonhuman vertebrate species including fish except those fish captured and killed or disposed of in a reasonable and customary manner.
Animal control officer means any person appointed as an animal control officer or deputy animal control officer as provided in Virginia Code § 3.1-796.66.
Animal shelter means a facility, other than a private residential dwelling and its surrounding grounds, that is used to house or contain animals and that is owned, operated or maintained by a nongovernmental entity including, but not limited to, a humane society, animal welfare organization, society for the prevention of cruelty to animals, or any other organization operating for the purpose of finding permanent adoptive homes for animals.
Collar means a well-fitted device, appropriate to the age and size of the animal, attached to the animal's neck in such a way as to prevent trauma or injury to the animal.
Companion animal means any domestic or feral dog, domestic or feral cat, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person or any animal that is bought, sold, traded, or bartered by any person. Agricultural animals, game species, or any animals regulated under federal law as research animals shall not be considered companion animals for the purposes of this chapter.
Cat means every cat, regardless of sex or age.
Direct and immediate threat means any clear and imminent danger to an animal's health, safety or life.
Dump means to knowingly desert, forsake, or absolutely give up without having secured another owner or custodian any dog, cat or other companion animal in any public place including the right-of-way of any public highway, road or street or on the property of another.
Dog means every dog, regardless of sex or age.
Enclosure means a structure used to house or restrict animals from running at large.
Euthanasia means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent that causes painless loss of consciousness and death during such loss of consciousness.
Law enforcement officer means any person who is a full-time or part-time employee of the city police department of city sheriff's department, and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the city and commonwealth. Part-time employees are compensated officers who are not full-time employees as defined by the employing department.
Leash means a physical restraint made of leather, chain, rope, or other reasonably strong material, which is securely attached to a dog's collar or harness and which is intended to be held by an owner of a dog or attached to an immovable object.
Miniature goat means a goat weighing less than one hundred (100) pounds, commonly known as pygmy, dwarf or miniature goats.
Owner means any person who: (i) has a right of property in an animal; (ii) keeps or harbors an animal; (iii) has an animal in his care; or (iv) acts as a custodian of an animal.
Pound means a facility operated by the city, or under a contract with any county, city, town, or incorporated society for the prevention of cruelty to animals, for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted animals under a contract with the city.
Primary enclosure means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, cage, compartment, or hutch. For tethered animals, the term includes the shelter and the area within reach of the tether.
Sore shall have the same meaning as set forth in Virginia Code § 3.1-796.66.
Sterilized means a surgical or chemical procedure performed by a licensed veterinarian that renders a dog or cat permanently incapable of reproducing.
To run at large or running at large means to roam, loiter, walk, run or be on or off the premises of the owner without being fenced, caged, physically carried, kept in an enclosure, or held by leash by a person thoroughly capable both physically and mentally of controlling the animal. A dog shall not be considered to be running at large if it is both (i) sterilized, as defined in this Chapter; and (ii) within the immediate voice control of its owner; provided, however, that the immediate voice control option shall not be applicable in those areas where a leash is mandatory pursuant to section 4-40.
Treatment or adequate treatment means the responsible handling or transportation of animals in the person's ownership, custody or charge, appropriate for the age, species, condition, size and type of the animal.
(11-20-06(2); 9-7-10(1))
The Charlottesville-Albemarle S.P.C.A. Shelter, pursuant to a contract between the SPCA and the City of Charlottesville, serves as the city pound for the purposes of this chapter. Any dog or cat which has been confined in the city pound pursuant to the provisions of this chapter shall be kept for a period of not less than five (5) days unless sooner claimed by the owner; provided, that no provision herein shall be construed to prohibit the destruction of critically injured or ill dogs or cats for humane purposes. The owners and operators of the pound shall comply with the provisions of Virginia Code § 3.1-796.96 and all applicable regulations promulgated by the Virginia Board of Agriculture and Consumer Services.
(11-20-06(2))
(a)
Pursuant to Virginia Code § 3.1-796.104, the position of animal control officer for the city is hereby created, and vested with the power to enforce Chapter 27.4 of Title 3.1 of the Code of Virginia, all ordinances enacted pursuant to that chapter, and all laws for the protection of domestic animals. The animal control officer and his deputies, if any, shall be appointed as prescribed in such section of the state law.
(b)
The animal control officer shall maintain complete and accurate records of all actions taken in the enforcement of this chapter and the provisions of state law, including but not limited to records of all dogs found to be aggressive, dangerous or vicious and all official complaints and investigations regarding possible violations of law.
(11-20-06(2))
(a)
No owner of an animal which is known or reasonably suspected of being dangerous shall suffer or permit such animal to run at large in the city or be kept in the city at any time except in strict confinement in such manner as to be safe for the public at large or any person who may have occasion to go on the premises on which such animal is kept.
(b)
If the owner of any animal known or reasonably suspected of being dangerous fails to take it into custody after being notified to do so by the animal warden, such animal may be killed by the animal warden if it is deemed necessary for the safety of the public. Upon complaint or warrant alleging that a dangerous animal is being allowed to run at large in the city, or is not being confined in the manner provided by this section, the owner of the animal shall be brought before the judge of the general district court and, after inquiry into the facts, the judge shall order the animal killed by the animal warden or make such further disposition of the case as shall ensure the future safety of the public from danger from such animal. If the owner of the animal cannot be ascertained, the animal shall be taken into custody by the animal warden and, upon its being determined that subsection (a) of this section is being violated with respect to such animal, it shall be disposed of as hereinbefore provided, just as if the owner were present.
(11-20-06(2))
(a)
No owner of an animal shall suffer or permit it to go upon the land of any other person and damage or destroy any garden, shrub, grass or other property thereon.
(b)
Any person owning property which is damaged or destroyed by any violation described in this section may enter a complaint by a warrant issued against the owner of the animal involved, and the complaint shall be heard by the judge of the general district court as all other complaints under criminal warrants are heard.
(c)
A violation of this section shall constitute a Class 4 misdemeanor. Upon a second conviction within one (1) year of a violation of this section involving the same animal, in addition to imposing a fine for the violation, the judge shall order the owner of the animal to take it into custody and to confine it in such a way that it will not be permitted to run at large at any time. Upon the failure of the owner to comply with such order, the animal shall be seized by the animal warden and humanely destroyed or placed for adoption outside of the city.
(11-20-06(2))
No person shall permit a horse, mule, cow, bull, sheep, goat or hog to run at large in the city. Any horse, mule, cow, bull, sheep, goat or hog found at large shall be impounded until redeemed by its owner. If not redeemed within five (5) days, during which time the animal warden or pound personnel shall make reasonable efforts to identify and notify the owner, the animal may be sold by the animal warden, and the proceeds, after deducting the amount of the costs of impoundment, shall be held by the city treasurer for the benefit of the owner for sixty (60) days, after which they shall revert to the general fund if unclaimed. If sale is impracticable or no purchaser is found, an animal may instead be placed for adoption or humanely destroyed. Nothing in this section shall be construed to prohibit the destruction of a critically injured or ill animal for humane purposes.
(11-20-06(2); 9-7-10(1))
It shall be unlawful for any person to permit any chickens, ducks, geese, pigeons or other fowl belonging to him to go at large in the city; except, that homing pigeons may be released for return to their cote without violating this section.
(11-20-06(2))
(a)
No hogs, goats (other than miniature goats) or sheep shall be kept in the city except for immediate shipment or slaughter.
(b)
Miniature goats may be kept within any residential zoning district in the city, subject to the following:
(1)
Males must be neutered;
(2)
Goats must be dehorned;
(3)
No more than three (3) miniature goats may be kept at the same time on the same property, except that nursing off-spring may be kept on the property until the age of twelve (12) weeks, and shall not be included in the number of goats allowed.
(11-20-06(2); 9-7-10(1))
It shall be unlawful for any person to park any vehicle containing livestock on any street within any residential zoning district within the city, as designated by Chapter 34 of this Code, for more than one-half (½) hour. A vehicle shall be considered parked for one-half (½) hour if it is not moved at least one (1) block within that period.
(11-20-06(2))
(a)
All dogs and cats shall be deemed personal property and may be the subject of larceny and malicious or unlawful trespass. Owners, as defined in section 4-2, may maintain any action for the killing of any such animals, or injury thereto, or unlawful detention or use thereof as in the case of other personal property.
(b)
In addition to any penalty imposed herein, any owner who violates a provision of this chapter shall be liable for any loss or damage resulting from the violation, including but not limited to reasonable and necessary medical and hospitalization expenses, loss of wages, veterinary bills, the fair market value or replacement cost of any animal killed or euthanized as a result of the violation, and any additional consequential damages.
(c)
An animal control officer or other law enforcement officer finding a stolen dog or cat, or a dog or cat held or detained contrary to law, shall have authority to seize and hold such animal pending action before a general district court or other court. If no such action is instituted within seven (7) days, the animal control officer or other officer shall deliver the dog or cat to its owner.
(d)
The presence of a dog or cat on the premises of a person other than its legal owner shall raise no presumption of theft against the owner, and the animal control officer may take such animal in charge and notify its legal owner to remove it. The legal owner of the animal shall pay the actual costs for the keeping of such animal while in the possession of the animal control officer.
(11-20-06(2))
Note— Similar provisions, Virginia Code § 3.1-796.127.
(a)
It is unlawful for any traveling or performing animal exhibition or circus to operate within the City of Charlottesville without a valid permit issued by the city animal control officer. A permit fee of fifty dollars ($50.00) shall be paid at the time the application for permit is made. The permit shall not be transferable and shall be posted in a conspicuous place on the premises occupied by the exhibition or circus for the duration of the event.
(b)
The owner or operator of any traveling or performing animal exhibition or circus shall make written application for a permit on forms provided by the City of Charlottesville no later than ten (10) days prior to the first performance, display or event. The application shall include the name, address and telephone number of the owner or operator, the city location of the exhibition or circus, the arrival and departure dates, a copy of the current United States Department of Agriculture ("USDA") license and inspection report made within the past twelve (12) months, the name and address of the staff veterinarian or local on-call veterinarian, an animal inventory and current animal health certificates.
(c)
Prior to the approval of the permit the city animal control officer shall inspect the animals and the proposed premises of the exhibition or circus to determine whether all animals have been given adequate feed, adequate water, adequate shelter, adequate space for the particular type of animal, adequate veterinary care when needed, and humane care and treatment. The animal control officer may request that a USDA accredited veterinarian, licensed by the Commonwealth of Virginia, accompany him during the inspection. Any costs associated with inspection by a veterinarian shall be paid by the exhibition or circus.
(d)
The animal control officer shall issue a permit to the exhibition or circus if the inspection reveals compliance with the requirements of this section. The permit may be denied for failure to comply with any requirement of this section.
(e)
It shall be unlawful for any person to induce or encourage an animal to perform, as part of a any traveling or performing animal exhibition or circus, through the use of chemical, mechanical, electrical or manual devices in a manner that will cause or is likely to cause physical injury or suffering to the animal.
(11-20-06(2))
If any person engages in the fighting of cocks, dogs or other animals, for money, prize or anything of value, or upon the result of which any money or other thing of value is bet or wagered, or to which an admission fee is charged, directly or indirectly, such person shall be guilty of a Class 3 misdemeanor.
(11-20-06(2))
(a)
Any person who:
(1)
Overrides, overdrives, overloads, tortures, ill-treats, abandons, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation, or cruelly or unnecessarily beats, maims, mutilates or kills any animal, whether belonging to himself or another;
(2)
Deprives any animal of necessary food, drink, shelter, or emergency veterinary treatment;
(3)
Sores any equine for any purpose or administers drugs or medications to alter or mask such soring for the purpose of sale, show or exhibition of any kind, unless such administration of drugs or medications is within the context of a veterinary client-patient relationship and solely for therapeutic purposes;
(4)
Willfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal;
(5)
Carries or cause to be carried, in or upon any vehicle or vessel or otherwise, any animal in a cruel, brutal or inhumane manner, so as to produce torture or unnecessary suffering; or
(6)
Causes any of the above things, or being the owner of such animal, permits such acts to be done by another;
shall be guilty of a Class 1 misdemeanor.
(b)
Nothing in this section shall be construed to prohibit the dehorning of cattle or miniature goats.
(c)
Any person who (i) tortures, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation or cruelly and unnecessarily beats, maims or mutilates any animal that is a companion animal whether belonging to him or another; (ii) sores any equine for any purpose or administers drugs or medications to alter or mask such soring for the purpose of sale, show or exhibition of any kind, unless such administration of drugs or medications is within the context of a veterinary client-patient relationship and solely for therapeutic purposes; (iii) instigates, engages in, or in any way furthers any act of cruelty to any animal set forth in clause (i); or (iv) causes any of the actions described in clauses (i) through (iii), or being the owner of such animal, permits such acts to be done by another; and has been within five (5) years convicted of a violation of this section, shall be guilty of a Class 6 felony if the current violation or any previous violation of this section resulted in the death of an animal or the euthanasia of such animal on the recommendation of a licensed veterinarian upon determination that such euthanasia was necessary due to the condition of the animal, and such condition was a direct result of a violation of this subsection or subsection (a).
(d)
For purposes of this section the word " animal " shall be construed to include birds and fowl.
(e)
Any person who (i) tortures, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation or cruelly and unnecessarily beats, maims or mutilates any dog or cat that is a companion animal whether belonging to him or another and (ii) as a direct result causes the death of such dog or cat that is a companion animal, or the euthanasia of such animal on the recommendation of a licensed veterinarian upon determination that such euthanasia was necessary due to the condition of the animal, shall be guilty of a Class 6 felony. If a dog or cat is attacked on its owner's property by a dog so as to cause injury or death, the owner of the injured dog or cat may use all reasonable and necessary force against the dog at the time of the attack to protect his dog or cat. Such owner may be presumed to have taken necessary and appropriate action to protect his dog or cat and shall therefore be presumed not to have violated this subsection. The provisions of this subsection shall not override sections 4-44 through 4-48 of this chapter.
(f)
It is unlawful for any person to kill a domestic dog or cat for the purpose of obtaining the hide, fur or pelt of the dog or cat. A violation of this subsection shall constitute a Class 1 misdemeanor. A second or subsequent violation of this subsection shall constitute a Class 6 felony.
(g)
In addition to the penalties provided in subsection (a), the court may, in its discretion, require any person convicted of a violation of subsection (a) to attend an anger management or other appropriate treatment program or obtain psychiatric or psychological counseling. Any person convicted of violating this section may be prohibited by the court from possession or ownership of companion animals.
(11-20-06(2); 9-7-10(1))
(a)
The entire area embraced within the corporate limits of the city is hereby designated as a bird sanctuary.
(b)
It shall be unlawful for any person to trap, hunt or shoot any bird or wild fowl, or attempt to do the same, or to tamper with or rob nests of any bird or wild fowl. It shall likewise be unlawful for any person to kill any sparrow, martin, wren or other bird.
(c)
This section shall not apply to pigeons or starlings.
(11-20-06(2))
No person shall abandon or dump any animal. Violation of this section is a Class 3 misdemeanor. Nothing in this section shall be construed to prohibit the release of an animal by its owner to a pound, animal shelter, or other releasing agency.
(11-20-06(2))
The use by any person of an animal trap designed to catch an animal by closing on a limb, whether made of steel or other material, is prohibited within the city. Any person setting such a trap anywhere in the city, whether or not any animal was caught in the trap, shall be guilty of a violation of this section.
(11-20-06(2))
(a)
It shall be unlawful for any person to place or confine an animal or allow an animal to be placed or confined in a motor vehicle under such conditions or for such a period of time as to endanger the health or well-being of such animal due to temperature, lack of food or drink, or such other conditions as may reasonably be expected to cause suffering, disability, or death. After making a reasonable effort to find the driver of a vehicle in which an animal is confined, the animal control officer or other law enforcement officer may use the least intrusive means to enter the vehicle if necessary to remove the animal, where reasonable cause exists to believe the animal may die if not immediately removed.
(b)
The animal control officer or law enforcement officer removing the animal shall then impound the animal and leave in a prominent place on the motor vehicle a written notice of the animal's impoundment and where and when the animal may be reclaimed. The owner or person reclaiming the animal shall be responsible for any costs associated with the removal, impoundment and treatment of the animal.
(11-20-06(2))
(a)
Any animal found abandoned, cruelly treated, or rendered in such a condition as to constitute a direct and immediate threat to its life, safety or health may be seized pursuant to § 3.1-796.115 of the Code of Virginia by the animal control officer or any law enforcement officer. Upon seizing or impounding an animal, the animal control officer or law enforcement officer shall petition the City General District Court for a hearing. The hearing shall be not more than ten (10) business days from the date of the seizure of the animal, and shall determine whether the animal has been abandoned, has been cruelly treated or has not been provided adequate care.
(b)
Upon the seizure of an animal pursuant to this section the animal control officer or law enforcement officer shall cause to be served upon the person with a right of property in the animal or the custodian of the animal notice of the hearing in the manner prescribed by Virginia Code § 3.1-796.115.
(c)
If the court determines that the animal has been neither abandoned, cruelly treated nor deprived of adequate care, the animal shall be returned to the owner. If the court determines that the animal has been abandoned, cruelly treated or deprived of adequate care, the disposition of the animal shall be as provided in Virginia Code § 3.1-796.115.
(11-20-06(2))
(a)
When the owner of any animal or grown fowl which has died knows of such death, such owner shall forthwith have its body cremated or buried, and if he fails to do so, any judge of the general district court, after notice to the owner if he can be ascertained, shall cause such dead animal or fowl to be cremated or buried by an officer or other person designated for the purpose. Such officer or other person shall be entitled to recover of the owner of every such animal so cremated or buried the actual cost of such cremation or burial, not to exceed seventy-five dollars ($75.00), and of the owner of every such fowl so cremated or buried the actual cost of such cremation or burial, not to exceed five dollars ($5.00), to be recovered in the same manner as officers' fees are recovered, free from all exemptions in favor of such owner. Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor.
(b)
This section shall not be deemed to require the burial or cremation of the whole or any portion of any animal or fowl which is to be used for food or in any commercial manner.
(11-20-06(2))
(a)
The owner of any companion animal which has died from disease or other cause shall forthwith cremate, bury or sanitarily dispose of such companion animal. If, after notice, any owner fails to do so, the animal warden or other officer shall bury or cremate the animal, and he may recover from the owner, on behalf of the city, his cost for this service.
(b)
The animal warden, other officer or any other person killing a companion animal under this chapter shall cremate, bury or sanitarily dispose of the same.
(11-20-06(2))
It shall be unlawful and a Class 4 misdemeanor for any person to own or keep within the city any dog four (4) months old or older for which a current license has not been secured as provided by the laws of the state.
(11-20-06(2))
(a)
The dog license tax, payable at the office of the city treasurer, shall be as follows:
(1)
For any individual dog, a lifetime license tax of ten dollars ($10.00).
(2)
Reserved.
(3)
For a kennel of twenty (20) dogs, twenty dollars ($20.00) annually.
(4)
For a kennel of fifty (50) dogs, thirty-five dollars ($35.00) annually.
(b)
The lifetime license shall be valid only as long as the animal's owner resides in the city and the dog's rabies vaccination is kept current. A fee of one dollar ($1.00) will be charged for replacement of a dog license that is lost or stolen. The license for a kennel shall run from January 1 to December 31, inclusive.
(c)
No license tax shall be levied on any dog that is trained and serves as a guide dog for a blind person or that is trained and serves as a hearing dog for a deaf or hearing impaired person or that is trained and serves as a service dog for a mobility-impaired person. As used in this section, " hearing dog " means a dog trained to alert its owner by touch to sounds of danger and sounds to which the owner should respond, and "service dog" means a dog trained to accompany its owner for the purpose of carrying items, retrieving objects, pulling a wheelchair or other such activities of service or support.
(11-20-06(2); 11-20-17)
State Law reference— Similar provisions Code of Virginia, §§ 3.2-6527—3.2-6536.
(a)
It shall be unlawful for the owner of any dog to allow such dog to run at large, at any time, within the city, even though the dog is both lawfully licensed and vaccinated. Any person violating this section shall be guilty of a Class 4 misdemeanor; provided that, upon a fourth conviction within one (1) year of any offense under this section involving the same dog, the defendant shall be deemed guilty of a Class 3 misdemeanor.
(11-20-06(2))
(a)
The harboring or keeping of any dog which, by loud, frequent or habitual barking or howling, shall cause annoyance and disturb the peace and quiet of any person or neighborhood is hereby declared to be a nuisance and unlawful.
(b)
Any person annoyed by loud, frequent or habitual barking or howling by a dog may enter a complaint by warrant returnable to the general district court, where the complaint shall be heard as all other complaints under criminal warrants are heard. Upon a finding by the judge that the dog involved is a loud, frequent or habitual barker or howler and causes annoyance and disturbs the peace and quiet of the complainant or neighborhood, the owner or custodian shall be deemed guilty of a Class 4 misdemeanor. Upon a third conviction within one (1) year of any offense under this section involving the same dog, in addition to imposing a fine for the violation, the judge shall order the owner or custodian of the dog to remove it permanently from the city within two (2) weeks. Should the owner or custodian fail to comply with such order, the dog shall be seized by the animal warden and humanely destroyed or placed for adoption outside of the city.
(11-20-06(2))
(a)
Notwithstanding other provisions of this chapter, dogs shall be kept on a leash and under control:
(1)
In all city parks (except for designated off-leash areas);
(2)
On the city's Greenway Trail System;
(3)
On the Meadow Creek Golf Course;
(4)
On the Downtown Pedestrian Mall between the Ninth Street bridge and Ridge-McIntire Road, and on all side streets between Water Street and Market Street which adjoin the Downtown Mall;
(5)
On all public school property; and
(6)
In all city-owned cemeteries.
Provided, however, that dogs in a sanctioned obedience or training show, trial, class, or similar event held in a city park shall not be required to be on a leash, while they are actually participating in such an event, nor shall dogs, whether sterilized or not, be required to be on a leash on specific days and in specific areas in the Greenbelt Trail Section of Riverview Park or in specifically designated off-leash areas in other city parks, as may be designated by the department of parks and recreation.
(b)
Any person who violates this section by failing to have his or her dog on a leash in the areas so designated herein shall be guilty of a Class 4 misdemeanor; provided that, upon a third conviction within one (1) year of any offense under this section involving the same dog, the defendant shall be deemed guilty of a Class 3 misdemeanor.
(11-20-06(2))
(a)
It shall be unlawful for any person owning, keeping, or having in his care or custody any dog, to fail, refuse, or neglect to remove any feces of such dog immediately and to dispose of it in a sanitary manner whenever such dog has defecated upon the following described property located within the city:
(1)
All city parks;
(2)
The Meadow Creek Golf Course;
(3)
The Rivanna Greenbelt Trail;
(4)
The Downtown Pedestrian Mall from Ridge-McIntire to the Ninth Street bridge, including the East End Amphitheater;
(5)
All public school property;
(6)
The property on which the Albemarle County Court Houses and the Albemarle County Office Building are located; and
(7)
Any other publicly maintained rights-of-way and paved sidewalks, streets, and bicycle paths.
This section shall not apply to a person with a disability being accompanied by a guide dog; and provided further, that this section shall not be construed to require or countenance any act of trespass upon public or private property.
(b)
Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor.
(11-20-06(2))
(a)
It shall be unlawful for any owner to tie, chain or tether a dog to any fixed or stationary object, or any other object designed to confine and limit the movement of the dog, for a period in excess of ten (10) cumulative hours during any twenty-four-hour period.
(b)
Any person who violates this section shall be guilty of a Class 4 misdemeanor; provided that, upon a third conviction within one (1) year of any offense under this section, whether or not involving the same dog, the defendant shall be deemed guilty of a Class 3 misdemeanor.
(11-20-06(2); Ord. of 3-5-07)
(a)
As used in this section, " dangerous dogs " means a canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person or companion animal, or killed a companion animal; however, when a dog attacks or bites another dog, the attacking or biting dog shall not be deemed dangerous (i) if no serious physical injury as determined by a licensed veterinarian has occurred to the other dog as a result of the attack or bite or (ii) both dogs are owned by the same person. No dog shall be found to be a dangerous dog as a result of biting, attacking or inflicting injury on another dog while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event.
(b)
" Vicious dog " means a canine or canine crossbreed that has (i) killed a person; (ii) inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or (iii) continued to exhibit the behavior which resulted in a previous finding by a court or an animal control officer that it is a dangerous dog, provided its owner has been given notice of that finding.
(c)
No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely because it is a particular breed. No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog if the threat, injury or damage was sustained by a person who was (i) committing, at the time, a crime upon the premises occupied by the animal's owner or custodian; (ii) committing, at the time, a willful trespass or other tort upon the premises occupied by the animal's owner or custodian; or (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. No police dog that was engaged in the performance of its duties at the time of the acts complained of shall be found to be a dangerous or vicious dog. No animal which, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, or its owner or owner's property, shall be found to be a dangerous or vicious dog.
(11-20-06(2))
(a)
If an animal control officer receives a complaint or has reason to believe that a canine or canine crossbreed is a dangerous dog, he shall undertake an investigation to determine whether the dog is dangerous. The animal protection officer shall confine the animal until a determination is made and any appeals have been exhausted. If the animal protection officer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as the investigation is complete and a decision is made and any appeals have been exhausted. The investigation shall include, but not be limited to, a review of the following: (i) the incident forming the basis of the complaint; (ii) any other violent acts by the animal; (iii) interviews with the complainant and anyone else, including the owner or custodian of the animal, having knowledge of the animal; and (iv) observations of the animal. Upon completion of the investigation, the animal protection officer shall make a written determination as to whether the animal is dangerous. If the animal protection officer determines that the animal is dangerous, the animal's owner shall comply with this ordinance. If the animal's owner disagrees with the animal protection officer's determination that the animal is dangerous, he may file an appeal to the general district court for a trial on the merits. The court, through its contempt powers, may compel the owner to produce the animal. If, after hearing the evidence, the court finds that the animal is a dangerous dog, the court shall order the animal's owner to comply with this ordinance.
(b)
Any animal control officer who has reason to believe that a canine or canine crossbreed is a vicious dog shall apply to a city magistrate for the issuance of a summons requiring the owner or custodian, if known, to appear before a general district court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue. The animal control officer shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the animal control officer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal. If, after hearing the evidence, the court finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with the provisions of Virginia Code § 3.1-796.119.
(11-20-06(2))
(a)
The owner of any animal found to be a dangerous dog shall, within ten (10) days of such finding, obtain a dangerous dog registration certificate from the animal control officer for a fee of fifty dollars ($50.00) in addition to other fees that may be authorized by law. The animal control officer shall also provide the owner with a uniformly designed tag that identifies the animal as a dangerous dog. The owner shall affix the tag to the animal's collar and ensure that the animal wears the collar and tag at all times. All certificates obtained pursuant to this paragraph (a) shall be renewed annually for the same fee and in the same manner as the initial certificate was obtained.
(b)
All certificates or renewals thereof required to be obtained under this section shall only be issued to persons eighteen (18) years of age or older who present satisfactory evidence (i) of the animal's current rabies vaccination, if applicable; (ii) that the animal has been neutered or spayed; (iii) that the animal is and will be confined in a proper enclosure or is and will be confined inside the owner's residence or is and will be muzzled and confined in the owner's fenced-in yard until the proper enclosure is constructed; and (iv) appropriate liability insurance has been obtained as required in section 4-46(d). In addition, owners who apply for certificates or renewals thereof under this section shall not be issued a certificate or renewal thereof unless they present satisfactory evidence that (i) their residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property and (ii) the animal has been permanently identified by means of a tattoo on the inside thigh or by electronic implantation.
(11-20-06(2))
(a)
While on the property of its owner, an animal found to be a dangerous dog shall be confined indoors or in a securely enclosed and locked structure of sufficient height and design to prevent its escape or direct contact with or entry by minors, adults, or other animals. The structure shall be designed to provide the animal with shelter from the elements of nature. When off its owner's property, an animal found to be a dangerous dog shall be kept on a leash and muzzled in such a manner as not to cause injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from biting a person or another animal.
(b)
If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or legal guardian shall be responsible for complying with all requirements of this article.
(c)
After an animal has been found to be a dangerous dog, the animal's owner shall immediately, upon learning of same, notify the local animal control officer if the animal (i) is loose or unconfined; (ii) bites a person or attacks another animal; (iii) is sold, given away, or dies; or (iv) has been moved to a different address.
(d)
The owner of any dangerous dog shall procure and maintain liability insurance in the amount of not less than one hundred thousand dollars ($100,000.00) insuring the owner for any injury or damage caused by such a dog. The owner shall maintain a valid policy and certificate of insurance issued by the insurance carrier or agent as to the coverage required by the subsection at the premises where the dog is kept and shall, upon request, display such policy and certificate to any animal control officer or law enforcement officer.
(11-20-06(2))
The owner of any animal which has been found to be a dangerous dog who willfully fails to comply with the requirements of this division shall be guilty of a Class 1 misdemeanor. All fees collected pursuant to the dangerous and vicious dog provisions herein, less the costs incurred by the city in producing and distributing the certificates and tags required by the ordinance, shall be paid into a special dedicated fund for the purpose of paying the expenses of any training course required under Virginia Code § 3.1-796.104.1.
(11-20-06(2))
Except as otherwise specifically provided, a violation of any provision of this chapter, including any provision of the codes adopted in Article II, shall constitute a Class 1 misdemeanor punishable by a fine of not more than two thousand five hundred dollars ($2,500.00). In addition, a person guilty of such violation shall make good all damages arising by reason of the violation and shall be subject to revocation of his license to do business in the city. For the purposes of this chapter, the word "person" shall include any individual, corporation, partnership, association, company, business, trust, joint venture or other legal entity.
(Code 1976, § 5-15; 12-21-92; 7-16-01(1), § 1)
State Law reference— Penalty for building code violations, Code of Virginia, § 36-106.
Editor's note— An ordinance adopted Nov. 1, 2004, § 1, repealed § 5-2, which pertained to registration of contractors. See also the Code Comparative Table.
(a)
Any landlord who rents five (5) or more dwelling units, as defined in the Virginia Residential Landlord and Tenant Act, section 55-248.4 ), in any one (1) building shall install the following devices upon the written request of the tenant:
(1)
Peepholes, and dead-bolt locks which meet the requirements of the USBC for new multi-family construction, within any exterior swinging entrance door to such tenant's unit; however, the landlord shall not be required to install a peephole in any door having a glass panel;
(2)
Manufacturer's locks which meet the requirements of the USBC, and removable metal pins or Charlie bars which meet requirements of the USBC, on exterior sliding glass doors located on the first two (2) levels of a building; and
(3)
Locking devices which meet the requirements of the USBC, on all exterior windows.
(b)
Any landlord subject to this section shall have a reasonable time in which to comply with its requirements. For the purposes of this section, ten (10) days following receipt of written notice of a tenant or the city's building maintenance official shall be deemed a reasonable time.
(Code 1976, § 5-3.2; 11-1-04, § 1)
State Law reference— Authority for above section, Code of Virginia, § 55-248.13:1.
(a)
Except as otherwise provided herein, wherever this chapter authorizes the city to take action to remedy, abate, repair, remove or take other action to correct a condition which exists on property located within the city, in violation of a provision of this chapter, the costs and expenses incurred by the city in taking such action shall be assessed and billed to, and paid by, the owner of the property. The city may take such action through any employees or agents, subject to applicable public procurement laws.
(b)
Except as provided in section 5-163(g) of this chapter, amounts in excess of two hundred dollars ($200.00) which have been assessed and billed to a property owner and which remain unpaid for thirty (30) days shall constitute a lien against such property ranking on a priority with liens for unpaid local taxes and enforceable in the same manner as provided in Articles 3 (Section 58.1-3940 et seq.) and 4 (Section 58.1-3895 et seq.) of Chapter 39, Title 58.1 of the Code of Virginia (1950), as amended. The city may waive such liens in order to facilitate a sale of such property; however, such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed.
(c)
The remedies set forth within this chapter shall be cumulative and shall be in addition to any other remedies that may be authorized by law.
(7-16-01(1), § 2; 11-15-04(1), § 1)
(a)
There is hereby incorporated by reference into this Code the Uniform Statewide Building Code ("USBC") adopted and promulgated on April 15, 1997 by the Virginia Board of Housing and Community Development pursuant to the provisions of § 36-98 of the Code of Virginia (1950), and amendments thereof and regulations promulgated pursuant thereto, as adopted and promulgated by such board from time to time (including, without limitation, the USBC amendment adopted by the board effective October 1, 2003, and any documents or codes adopted and incorporated into the USBC by reference therein).
(b)
Enforcement of Part II of the USBC shall be the responsibility of the city's building department and code official. Enforcement of Part III of the USBC shall be the responsibility of the city's local enforcing agency and building maintenance official. For the purposes of this chapter the term "building department" and "local enforcing agency" shall mean the city's department of neighborhood development services, which is hereby charged with the administration, supervision and enforcement of the USBC and with approval of plans, inspection of buildings and issuance of permits, licenses, certificates or similar documents.
(c)
The code adopted by this chapter is hereby declared to be remedial, and shall be construed to secure the beneficial interests and purposes thereof, which are public safety, health and general welfare, through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair, removal, demolition, use and occupancy of buildings, structures or premises.
(d)
The provisions of the code adopted by this chapter shall apply to the construction, alteration, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings and structures.
(e)
Except as otherwise provided, any owner or other person who shall violate any provision of the USBC or who shall violate any lawful provision of any rule, regulation or order adopted or made by the building code official pursuant to the provisions of this Article II shall be guilty of a misdemeanor punishable by a fine of not more than two thousand five hundred dollars ($2,500.00). Each day a violation continues after conviction shall constitute a separate offense. If the violation remains uncorrected at the time of the conviction, the court shall order the violator to obey or remedy the violation in order to comply with the provisions of this Article II. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within six (6) months of the date of conviction. Each day during which a violation continues after the court-ordered abatement period has ended shall constitute a separate offense. Any person convicted of a second offense committed within less than five (5) years after a first offense shall be punished by a fine of not less than one thousand dollars ($1,000.00) nor more than two thousand five hundred dollars ($2,500.00). Any person convicted of a second offense committed within a period of five (5) to ten (10) years of a first offense shall be punished by a fine of not less than five hundred dollars ($500.00) nor more than two thousand five hundred dollars ($2,500.00). Any person convicted of a third or subsequent offense involving the same property committed within ten (10) years of an offense, after having been at least twice previously convicted shall be punished by confinement in jail for not more than ten (10) days and a fine of not less than two thousand five hundred dollars ($2,500.00) nor more than five thousand dollars ($5,000.00), either or both. No portion of the fine imposed for such third or subsequent offense committed within ten (10) years of an offense shall be suspended.
(f)
Any owner or other person who shall retaliate against a tenant by increasing rent or decreasing services, or by terminating a rental agreement, because the tenant reported a violation of the provisions of this chapter to the code official, or because the tenant cooperated with the building code official in an investigation, shall be guilty of a violation of this chapter and shall be punished as provided in section 5-1 of this chapter.
(Code 1976, § 5-1; 7-16-01(1), § 1; 3-1-04(1))
State Law reference— Uniform Statewide Building Code, Code of Virginia, § 36-97 et seq.
In addition to those provisions of the USBC which the city's building department is required by law to enforce, the city does hereby elect to enforce those optional provisions of the USBC pertaining to the maintenance of existing structures and the equipment therein.
(Code 1976, § 5-1.1; 7-16-01(1), § 1)
(a)
The city's building department and local enforcing agency shall appoint two (2) officials in charge of enforcement. One (1) shall be referred to as the city's "code official," or "building code official" and the other shall be referred to as the building maintenance official. The code official and building maintenance official shall each be appointed by the city's director of neighborhood development services, with the approval of the city manager. The authority of the city's building department, code official and building maintenance official shall include inspection not only for enforcement of the USBC but also to include inspections to determine the safety of existing structures or equipment and to determine whether grounds exist for the abatement or removal of any building, structure or equipment which may be dangerous to human life, health or safety, or the public welfare.
(1)
The city's code official and building maintenance official shall have the qualifications, experience and certifications required by the USBC, Part 1, Chapter 1, Section 104.
(2)
The city's code official and building maintenance official shall appoint technical assistants and other employees for the administration and enforcement of the USBC. Such assistants and employees shall have the qualifications, experience and certifications required by the USBC, Part 1, Chapter 1, Section 104.
(b)
The code official, building maintenance official, or their duly authorized representative may enter any building structure or other premises in the city to perform any duty imposed upon him by this chapter.
(c)
Upon notice from the code official that work on any building or structure is being done contrary to the provisions of the USBC, or in a manner that is otherwise dangerous or unsafe, such work shall be immediately stopped. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Where an emergency exists, no written notice shall be required to be given by the building official.
(Code 1976, § 5-2; 7-16-01(1), § 1; 3-1-04(1))
There is hereby created a building code board of appeals, pursuant to Volume I of the Virginia Uniform Statewide Building Code. The board of appeals shall consist of five (5) members qualified as provided in such code and the members shall serve for terms of five (5) years each. The jurisdiction of the board of appeals shall be as established by the building code and may be expanded by local ordinance.
(Code 1976, § 5-14)
Cross reference— Limitation on terms of members of boards, § 2-8; building code board of appeals designated as fire prevention code board of appeals, § 12-54; appeals from decisions relating to tax exemption for solar energy facilities to building code board of appeals, § 30-131.
Editor's note— An ordinance adopted Nov. 1, 2004, § 2, repealed § 5-30, which pertained to Insertion of local requirements in plumbing code. See also the Code Comparative Table.
The design and installation of building, electrical, mechanical, and plumbing systems and any other work subject to USBC regulations, shall comply with the requirements of this chapter and with the USBC and other applicable state laws and regulations.
(Code 1976, § 5-22; 11-1-04, § 2)
All natural gas pipe lines shall be installed to meet the U.S. Department of Transportation minimum safety standards for transportation of natural gas and the requirements of the building code.
(11-1-04, § 3)
Note— See the editor's note at §§ 5-34—5-55.
No utility line shall be located within one (1) foot of a gas line; except, that a sanitary sewer line shall not be located within five (5) feet of a gas line.
(11-1-04, § 3)
Note— See the editor's note at §§ 5-34—5-55.
Editor's note— An ordinance adopted Nov. 1, 2004, § 2, repealed former §§ 5-32—5-37, which pertained to standards for installation of gas pipe lines; who may work on gas systems; location of utility lines near gas lines; and venting of gas appliances. Section 3 of said ordinance added provisions designated as new §§ 5-32 and 5-33 to read as herein set out. See also the Code Comparative Table.
(a)
Application for any permits required pursuant to the USBC ("building permit") shall be made to the city's building official. The city council will, from time to time, approve a schedule of the fees and charges associated with the costs of such building permits and with building code enforcement and appeals required by this chapter. At the time an application, permit or other approval is submitted to the city, it shall be accompanied by the required fee(s) and charges as designated in the most recent fee schedule adopted by city council. Fees shall be made payable to the city treasurer. No building permit shall be issued until all required fees have been paid.
(b)
The fee for issuance of a permit issued pursuant to this chapter shall have added to it any surcharge levied by the Virginia Department of Housing and Community Development ("DHCD") pursuant to section 36-137 of the Code of Virginia, as set forth within the building code, which surcharge shall be remitted to DHCD on a quarterly basis.
(Code 1976, § 5-4; 4-2-90; 6-4-01(1), § 1; 7-16-01(1), § 1; 4-13-04(1), § 1; 11-1-04, § 4)
Cross reference— Compliance with chapter 10 prerequisite to issuance of building permit, § 10-3.
(a)
In the event the building official finds that an individual is practicing as a tradesman, liquefied petroleum gas fitter or natural gas fitter provider (as those terms are defined within § 54.1-1128 of the Virginia Code) without a license as required by state law, the building official shall file a report to that effect with the state board for contractors.
(b)
If the building official has reason to believe that (i) a tradesman, liquefied petroleum gas fitter, or natural gas fitter provider is performing incompetently as demonstrated by an egregious or repeated violation of the USBC, or (ii) a certified backflow prevention device worker is performing incompetently, as demonstrated by an egregious or repeated violation of the standards adopted by the American Society of Sanitary Engineering referenced in the plumbing code adopted by the USBC, then the building official shall file a report to such effect with the state board for contractors.
(11-1-04, § 6)
Editor's note— An ordinance adopted Nov. 1, 2004, § 5, repealed §§ 5-57—5-64, which pertained to Special permits; Electrical permits—Generally; Same—Annual; Plumbing permits—Generally; Same—Annual; Mechanical permits—Generally; Same—Annual; and Revocation of permits. Section 6 of said ordinance enacted provisions designated as a new § 5-57 to read as herein set out. See also the Code Comparative Table.
All buildings fronting on the public streets of the city shall be numbered in conformity with the following:
(1)
On streets running parallel with Main Street, the odd numbers shall apply to the north sides and the even numbers to the south sides. On streets running parallel with First Street, the odd numbers shall apply to the west sides and the even numbers to the east sides.
(2)
On streets running parallel with Main Street, the numbering shall commence with Number 100 at First Street, increasing at the rate of one hundred (100) numbers for each block going eastward and westward. On streets running parallel with First Street, the numbering shall commence with Number 100 at Main Street, increasing at the rate of one hundred (100) numbers for each block going northward and southward.
(Code 1976, § 5-31)
The director of public works shall have prepared a master building number map and on such map shall establish all house numbers, allowing one (1) whole number for every house, tenement or other building and, from criteria on the map, maintain numbers for vacant lots in both residential and business districts. The director shall also furnish all owners of buildings with the information necessary for them to place their numbers on their houses, tenements or other buildings and shall give a certificate of the proper number applicable to any building when so requested by the owner thereof.
(Code 1976, § 5-32)
No person owning or occupying a building shall number or attempt to number it otherwise than in conformity with this article, nor shall any person deface, alter or remove a number placed upon a house in accordance with this article; provided, that owners may briefly remove numbers in order to repair, maintain or replace them with copies.
(Code 1976, § 5-33)
(a)
It shall be unlawful for any person to willfully and maliciously damage or deface any public buildings, facilities or real or personal property (including, without limitation, any tree, shrub, bush or flowers), or any private buildings, facilities or real or personal property. The possession of paint, ink, stain, varnish, dye or any other substance which leaves a mark, without authority of the owner, lessee or agent of the owner, by a person apprehended upon public property, or in a public building, shall be prima facie evidence of an intent to defile, deface, brand, write, mark or paint such structure or building as is prohibited by this section. Except as provided herein below, a person found guilty of a violation of this section shall be shall be punished as provided in section 5-1 of this chapter.
(b)
Upon a finding of guilt under this section in any case tried before the court without a jury, in the event the violation constitutes a first offense which results in property damage or loss, the court, without entering a judgment of guilt, upon motion of the defendant, may defer further proceedings and place the defendant on probation pending completion of a plan of community service work. If the defendant fails or refuses to complete the community service as ordered by the court, the court may make final disposition of the case and proceed as otherwise provided. If the community service work is completed as the court prescribes, the court may discharge the defendant and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying the ordinance in subsequent proceedings. Notwithstanding any other provision of law, no person convicted of a violation of this section shall be placed on probation or have his sentence suspended unless such person shall make at least partial restitution for such property damage or is compelled to perform community service, or both, as is more particularly set forth in Virginia Code section 19.2-305.1.
(c)
Community service, to the extent feasible, shall include the repair, restoration or replacement of any damage or defacement to property within the locality, and may include: clean-up, beautification, landscaping or other appropriate community service within the locality. The director of public works, or his or her designee, is hereby charged with the supervision of the performance of any community service work required and with reporting to the court imposing any such requirement. At or before the time of sentencing, the court shall receive and consider any plan for making restitution or performing community service submitted by the defendant. The court shall also receive and consider the recommendations of the city's director of public works or his or her designee.
(d)
In the event any willful or malicious damage, defacement, or destruction of any public property is caused by a person under the age of eighteen (18) years ("minor"), then the city may institute an action and recover damages therefor from the parents, or either of them, of any such minor living with such parent(s). No more than two thousand five hundred dollars ($2,500.00) may be recovered from such parent, or either of them, as a result of any incident or occurrence on which such action is based. Any recovery from the parent(s) of such minor shall not preclude full recovery from such minor, except to the amount of the recovery from such parent(s). The provisions of this section shall be in addition to, and not in lieu of, any other law imposing upon a parent liability for the acts of a minor child.
(e)
The director of public works or his or her designee is authorized to undertake or contract for the removal or repair of the defacement of any public building, wall, fence or other structure, or of any private building, wall, fence or other structure where such damage or defacement is visible from any public right-of-way.
(1)
Prior to such removal the director of neighborhood development services or his or her designee shall seek the written permission of the property owner; if written permission is not practical under the circumstances, verbal authorization shall be sought.
(2)
If the property owner fails to provide requested permission within five (5) days of receipt of a request for permission, or denies any such request, then the director of neighborhood development services or his or her designee shall give the property owner of record and the person in control of the property, a written notice of the city's intention to proceed with removal or repair. Such written notice shall describe the condition(s) to be abated, the location of the property, a statement of the act(s) necessary to remove or repair the defacement, and the date on which the city will commence abatement if such defacement is not remedied, which date shall be no fewer than five (5) business days following the notice.
(3)
All notices sent pursuant to this section shall be served to an owner as follows: (i) by hand-delivery to the owner of record, (ii) by regular, first-class mail, to the owner of record at the address listed in the city's real estate tax records, or to any occupant of the property at the address where the violation exists; (iii) to a person who has charge of real estate as an executor, administrator, trustee, guardian or agent, by hand-delivery or by regular, first-class mail, to the last known address of such person; or (iv) to a person who is the beneficiary of any easement or right of use of a parcel of real estate, by hand delivery or by certified mail, return receipt requested, to the person's last known address. If the real estate parcel on which the violation exists is undeveloped or vacant, the notice shall also be posted in a conspicuous place on the property.
(7-16-01(1))
(a)
It shall be unlawful for any person to commit any of the following acts:
(1)
Willfully destroy, defile, deface or otherwise injure any building or structure used or designed for use as a place of religious worship or instruction or any part thereof or appurtenance thereto, or any book, religious vestment, furniture, ornament, musical instrument, article of silver or plated ware or other chattel or property kept therein.
(2)
Brand, write, mark or paint any sign, letters or characters of an obscene or disparaging nature on any building or structure used or designed for use as a place of religious worship or instruction or upon any part of such buildings, whether such part is interior or exterior.
(3)
Attempt to commit any acts prohibited by this section.
(b)
The possession of paint, ink, stain, varnish, dye or any other substance which leaves a mark, without authority of the owner, lessee or agent of the owner, by a person apprehended upon the grounds of any building or structure used or designed to be used as a place of religious worship or instruction shall be prima facie evidence of an intent to defile, deface, brand, write, mark or paint such structure or building as is prohibited by this section.
(c)
A person found guilty of a violation of this section shall be shall be punished as provided in section 5-1 of this chapter.
(7-16-01(1))
(a)
The following definitions shall apply to these words when used in this section:
(1)
Director means the director of neighborhood development services and his designee(s).
(2)
Owner means a person: (i) who is the owner of any parcel of real estate, as indicated by the real estate tax records in the office of the city assessor; (ii) who is the occupant or tenant of any parcel of real estate; (iii) who has charge of a parcel of real estate as an executor, administrator, trustee, guardian or agent, or (iv) who is the beneficiary of any easement or right of use of a parcel of real estate.
(b)
It shall be unlawful for any person to allow to accumulate on any private property or premises any offensive, unwholesome, unsanitary or unhealthy substance(s), including, without limitation: any refuse, garbage, rubbish, paper, trash, manure, offal, ashes, vegetable matter, broken glass, or stagnant water. Any such accumulation is hereby declared to be a public nuisance. A person found guilty of a violation of this section shall be shall be punished as provided in section 5-1 of this chapter.
(c)
The director shall, upon determining that there exists a violation of this section, serve notice on the owner to cause such violation to be remedied, removed or otherwise abated. The owner shall remedy, remove or otherwise abate the nuisance within ten (10) calendar days following the issuance of such notice.
(1)
All notices sent pursuant to this section shall be served to an owner as follows: (i) by hand-delivery to the owner of record, (ii) by regular, first-class mail, to the owner of record at the address listed in the city's real estate tax records, or to any occupant of the property at the address where the violation exists; (iii) to a person who has charge of real estate as an executor, administrator, trustee, guardian or agent, by hand-delivery or by regular, first-class mail, to the last known address of such person; or (iv) to a person who is the beneficiary of any easement or right of use of a parcel of real estate, by hand delivery or by regular, first-class mail, to the person's last known address. If the real estate parcel on which the violation exists is undeveloped or vacant, the notice shall also be posted in a conspicuous place on the property.
(2)
Such notice shall require the owner to correct the condition within ten (10) days of the notice. An affidavit of the director certifying hand-delivery or mailing shall be sufficient evidence of notice to the owner.
(d)
If the condition is not corrected within ten (10) days after hand-delivery of the notice, or within ten (10) days following mailing, the director may cause such condition to be abated. The cost thereof, together with an administrative handling charge of seventy-five dollars ($75.00), shall be assessed and billed to the property owner, and the director shall prepare an affidavit certifying the costs and expenses incurred by the city. In the event the charges billed to the property owner remain unpaid for more than thirty (30) days, such charges shall constitute a lien against such property enforceable as provided by section 5-4 of the City Code.
(7-16-01(1))
(a)
The following definitions shall apply to these words when used in this section:
(1)
Director means the director of neighborhood development services and his designee(s).
(2)
Owner means: (i) that person who owns any parcel of real estate, as identified in the real estate tax records in the office of the city assessor; (ii) any person who is the occupant or tenant of any parcel of real estate; (iii) any person having charge of a parcel of real estate as an executor, administrator, trustee, guardian or agent, or (iv) the beneficiary of any easement or right of use of a parcel of real estate.
(3)
Weeds means any plant, grass, weed, brush or any other vegetation, herbaceous or woody, other than (i) trees, ornamental shrubbery and vegetable and flower gardens purposefully planted and maintained free of weed hazard or nuisance; (ii) cultivated crops; (iii) public recreational areas or trails intended to be left in their natural state; and (iv) vegetation along natural streams or watercourses when necessary to deter erosion.
(b)
A person found guilty of a violation of either of the following provisions shall be punished as provided in section 5-1 of this chapter.
(1)
It shall be unlawful for the owner of any parcel of real estate to allow weeds to reach a height of eighteen (18) or more inches, where such weeds are located: (i) on any developed lot or parcel in the city, or (ii) on that portion of any undeveloped lot or parcel in the city which is within one hundred fifty (150) feet of any building, street, sidewalk or public right-of-way. All weeds existing in violation of this section are hereby declared to constitute a public nuisance.
(2)
It shall be unlawful for the owner of any parcel of real estate to allow thereon any hedge, shrub, tree or other vegetation, the limbs, branches or other parts of which overhang, extend or protrude into any street, sidewalk or public alley in a manner which obstructs or impedes the safe and orderly movement of persons or vehicles thereon, or in the case of trees, when the dead limbs or branches thereof are likely to fall into or across such street or sidewalk thereby endangering such persons and vehicles. Any such hedge(s), shrub(s), tree(s) or other vegetation existing in violation of this section is hereby declared to constitute a public nuisance.
(c)
The director shall, upon determining that there exists a condition or growth of vegetation in violation of this section, serve notice on the owner to cause such condition or growth to be cut, removed or otherwise abated. The owner of any parcel of real estate on which there exists a condition or growth of vegetation in violation of this section shall be required to cut, remove, or otherwise abate the nuisance within ten (10) calendar days following the issuance of such notice.
(1)
All notices sent pursuant to this section shall be served to an owner as follows: (i) by hand-delivery to the owner of record, (ii) by regular, first-class mail, to the owner of record at the address listed in the city's real estate tax records, or to any occupant of the property at the address where the violation exists; (iii) to a person who has charge of real estate as an executor, administrator, trustee, guardian or agent, by hand delivery, or by regular mail to the last known address of such person, or (iv) to a person who is the beneficiary of any easement or right of use of a parcel of real estate, by hand delivery, or by regular first-class mail to the person's last known address. If the real estate parcel on which the violation exists is undeveloped or vacant, the notice shall also be posted in a conspicuous place on the property.
(2)
Such notice shall require the owner to correct the condition within ten (10) days from the date of delivery or mailing of the notice. An affidavit of the director certifying hand-delivery or mailing shall be sufficient evidence of notice to the owner.
(d)
If the condition is not corrected within ten (10) days after the delivery or mailing of the director's notice, the director may cause such condition to be abated. The cost thereof, together with an administrative handling charge of seventy-five dollars ($75.00) shall be assessed and billed to the property owner, and the director shall prepare an affidavit certifying the costs and expenses incurred by the city. In the event the charges billed to the property owner remain unpaid for more than thirty (30) days, such charges shall constitute a lien against such property enforceable as provided by section 5-4 of the City Code.
(7-16-01(1))
(a)
It shall be unlawful for any person to keep, except within a fully enclosed building or structure or otherwise shielded or screened from view, on any property zoned for residential purposes, see section 34-350 of the City Code, or commercial purposes, see sections 34-440 and 34-541 of the City Code, any inoperable motor vehicle. However, the provisions of this section shall not apply to a licensed business which, on June 26, 1970, was regularly engaged in business as an automobile dealer, salvage dealer or scrap processor.
(1)
As used in this section "inoperable motor vehicle" means any motor vehicle, trailer or semitrailer (as defined within Virginia Code § 46.2-100) which: (i) is not in operating condition (including, without limitation any motor vehicle, trailer or semitrailer which for a period of sixty (60) days or longer, has been partially or totally disassembled by the removal of tires or wheels, the engine, or other essential parts required for operation); (ii) does not display a valid license plate; (iii) does not display a valid inspection decal; or (iv) displays an inspection decal that has been expired for more than sixty (60) days.
(2)
As used in this section, "otherwise shielded or screened from view" shall mean, on property zoned for residential purposes, not visible to the unaided eye from anywhere below the level of the third story of a building outside the boundaries of the lot on which the vehicle is kept; on property zoned for business purposes, "otherwise shielded or screened from view" shall mean not visible to the unaided eye from street or ground level outside the boundaries of the lot on which the vehicle is kept.
(b)
No person shall keep more than one (1) inoperable motor vehicle outside of a fully enclosed building or structure. The one (1) vehicle allowed outside of a fully enclosed building or structure shall still be subject to the requirement of being shielded or screened from view.
(c)
Whenever a violation of this section is determined by the director, the director shall serve notice on the owner of the property whereon the inoperable motor vehicle is located, requiring the owner to remove or cause the removal of such vehicle.
(1)
All notices sent pursuant to this section shall be served to an owner as follows: (i) by hand-delivery to the owner of record, (ii) by regular, first-class mail, to the owner of record at the address listed in the city's real estate tax records, or to any occupant of the property at the address where the violation exists; (iii) to a person who has charge of real estate as an executor, administrator, trustee, guardian or agent, by hand-delivery, or by regular mail to the last known address of such person, or (iv) to a person who is the beneficiary of any easement or right of use of a parcel of real estate, by hand-delivery, or by regular first-class mail to the person's last known address. If the real estate parcel on which the violation exists is undeveloped or vacant, the notice shall also be posted in a conspicuous place on the property.
(2)
Such notice shall require the owner to correct the condition within ten (10) days from the date of delivery or mailing of the notice.
(d)
Should the owner of the premises fail to remove or cause the removal of an inoperable motor vehicle as directed within the director's notice, and if the owner also fails within the ten-day period to request an informal administrative hearing with an official designated by the chief of police for the purpose of challenging the validity of the violation determination or the necessity for removing the vehicle, then the city may take action to remove the inoperable motor vehicle(s). The costs and expenses of such removal by the city shall be assessed and billed to the property owner, and the director shall prepare an affidavit certifying the costs and expenses incurred by the city. In the event the charges billed to the property owner remain unpaid for more than thirty (30) days, such charges shall constitute a lien against such property enforceable as provided by section 5-4 of the City Code.
(e)
After removing an inoperable motor vehicle from property, the city may then dispose of the vehicle after giving an additional ten (10) days' written notice to the owner of the vehicle and, if different, also to the owner of the property from which the vehicle was removed. However, if a timely request for an administrative hearing has been made to challenge the validity of the violation determination, then disposal by the city shall not be made unless and until the matter is resolved in favor of the city.
(7-16-01(1); 2-5-07; 8-17-15(1))
(a)
It shall be unlawful for any person to discard, abandon, leave or allow to remain in any place any icebox, refrigerator or other container, device or equipment of any kind with an interior storage area of more than two (2) cubic feet of clear space which is airtight, without first removing the doors or hinges from such icebox, refrigerator, container, device or equipment.
(b)
This section shall not apply to any icebox, refrigerator, container, device or equipment which is being used for the purpose for which it was originally designed, or is being used for display purposes by any retail or wholesale merchant, or is crated, strapped or locked to such an extent that it is impossible for a child to obtain access to any airtight compartment thereof.
(c)
A violation of this section shall constitute a Class 3 misdemeanor.
(7-16-01(1))
No person shall erect or maintain a fence, wall or other barrier wholly or partially enclosing any lot or premises within the city, where such fence, wall or barrier is made of or includes barbed ends, barbed wire or razor wire, or any similar materials, except that barbed ends of fences, barbed wire or razor wire, and similar materials, may be used on top of any wall or fence wholly or partially enclosing any lot or premises zoned for commercial or industrial use. Where allowed, such materials shall be installed at a height of six (6) feet or more above ground level. The owner of any property on which is located any such materials in violation of this section shall remove such fence within ten (10) days after being sent written notification to do so by the city manager or his designee. Each day that a violation continues after the expiration of such ten-day period shall constitute a separate offense.
(7-16-01(1); 9-15-03(1))
(a)
Any person who has caused to be dug on his own land or the land of another any well or pit shall fill such well or pit with earth so that the same shall not be dangerous to human beings, animals or fowls before such well or such pit is abandoned. Any person owning land whereon any such well or pit is located shall in the same manner fill with earth any such well or pit which has been abandoned, provided such person has knowledge of the existence of such well or pit. In the case of mining operations, in lieu of filling the shaft or pit, the owner or operator thereof, on ceasing operations in such shaft or pit, shall securely fence the same and keep the same at all times thereafter securely fenced.
(b)
Any person violating any provision of this section shall be deemed guilty of a Class 3 misdemeanor.
(7-16-01(1))
(a)
Every person owning or occupying any land on which there is a well having a diameter greater than six (6) inches and which is more than ten (10) feet deep shall at all times keep the same covered in such a manner as not to be dangerous to human beings, animals or fowls. The construction, installation and maintenance of such covers, including the manner in which any concrete used in connection therewith shall be reinforced, shall conform to the provisions of the Virginia Uniform Statewide Building Code.
(b)
Any person violating the provisions of this section shall be guilty of a Class 3 misdemeanor.
(7-16-01(1))
(a)
It shall be the duty of the owner or occupant of any land or premises abutting upon any public street right-of-way, including the sidewalk and between the sidewalk and curb, whether paved or not, and the duty of the owner of any unoccupied land or premises abutting upon any public street right-of-way, including the sidewalk and between the sidewalk and curb, whether paved or not, to have any grass, weeds and other vegetable matter cut and removed, and at all times to prevent such area from becoming unsightly, impeded or offensive by reason of failure to remove any such materials. No grass, weeds or other vegetable matter cut and removed shall be deposited or piled in any gutter, street or stormwater system, but shall be placed in a proper receptacle for collection. The occupant and/or the owner, or if unoccupied, the owner, of land or premises abutting upon a street right-of-way area upon which any grass, weeds or other vegetable matter is found contrary to the provisions of this section shall be prima facie the person responsible. Nothing in this section shall be construed as authorizing any person to cut or remove any city tree or bush without first obtaining a permit from the city.
(b)
Whenever the director, or the official designated by him, has determined by reports, inspections or otherwise, that any condition in violation of this section exists, he shall notify the owner and the occupant to comply with the requirements of this section within such reasonable time as specified in the notice. Such notice shall be in writing and shall be delivered by hand or mailed to the last known address(es) of the owner and the occupant. If, after such notice, the owner and/or occupant fails to abate or obviate the condition(s) in violation of this section, the city may do so and charge and collect the cost thereof from the owner and/or occupant as provided by law for the collection of local taxes.
(c)
The city manager is authorized to promulgate regulations to govern the circumstances under which the owner or occupant of any land or premises may be relieved of the duty imposed by paragraph (a), above, for reasonable cause shown, such as the advanced age, poor health or disability of an owner or occupant, difficult or hazardous topography of a particular street right-of-way area, or other similar circumstances as may be specified within said regulations.
(2-17-04(1), § 1)
(a)
The owner of any building which has been vacant for a continuous period of twelve (12) months or more shall register such building with the city on or before January 1 of each calendar year. Such registration shall be with the department of neighborhood development services on a form prescribed by the director of that department. Every person filing registration forms shall pay an annual registration fee of twenty-five dollars ($25.00) to defray the cost of processing the registration. For the purpose of this section, the term "owner" means the owner of record of the building, or a duly authorized representative or agent of the owner of record.
(b)
Any person who fails to register a vacant building by the January 1 deadline shall be subject to a fifty dollar ($50.00) civil penalty. Any person who fails to register any vacant building that has been designated as blighted pursuant to the provisions of Division 5 of this chapter shall be punished by a civil penalty not exceeding two hundred fifty dollars ($250.00) for each such building that is not registered.
(c)
At least thirty (30) days prior to the assessment of any civil penalty, the director of neighborhood development services or his designee shall mail to the owner, at the address to which property tax notices are sent, notice of the failure to comply with the registration requirements of this section. Upon re-occupancy the owner shall promptly notify the department of neighborhood development services.
(7-16-01(1), § 2)
(a)
On real estate with an assessed value of twenty thousand dollars ($20,000.00) or less located within the city, where:
(1)
Any taxes on such real estate are delinquent on December 31 following the third anniversary of the date on which such taxes have become due, and
a.
The land or structure on it has been declared a nuisance by the local building official due to unresolved code violations, and
b.
The owner of record of the property has failed to abate the nuisance after proper notice has been given by code enforcement officials, and
c.
The locality has taken steps to abate the nuisance condition and has placed a lien on the property for the cost off such abatement, and the lien has remained unpaid; or
(2)
Any taxes on such real estate are delinquent on December 31 following the seventh anniversary of the date on which such taxes have become due;
then the property shall be deemed abandoned and subject to sale by public auction, through institution by the city's treasurer of judicial proceedings in accordance with the provisions of Virginia Code § 58.1-3965.
(b)
With respect to any parcel of real estate located within the city which meets all of the following criteria:
(1)
The parcel has delinquent real estate taxes or the locality has a lien against the parcel for: removal, repair or securing of a building or structure; removal of trash, garbage, refuse, or litter; or the cutting of grass, weeds or other foreign growth;
(2)
Such taxes and liens, together, including penalty and accumulated interest, exceed fifty (50) percent of the assessed value of the parcel; and
(3)
The parcel has an assessed value of twenty thousand dollars ($20,000.00) or less;
the city may petition the circuit court to appoint a special commissioner to execute the necessary deed(s) to convey such parcel of real estate to the city in lieu of a sale at public auction. All such judicial proceedings initiated by the city shall be brought in accordance with the provisions of Virginia Code § 58.1-3970.1.
(7-16-01(1), § 2)
(a)
Definitions. The following words, when used in this section shall have the meanings ascribed to them below:
(1)
"Owner" shall mean and include: the owner of record of the freehold of the premises, or of a lesser estate therein; a mortgagee or vendee in possession of the premises; an assignee of rents; a receiver, executor, or trustee; and a lessee in control of a building or structure.
(2)
"USBC" shall mean the Uniform Statewide Building Code as adopted and promulgated by the Virginia Board of Housing and Community Development, and any amendments thereto and regulations adopted and promulgated by such board from time to time.
(3)
"Unsafe structure" shall mean an existing building, wall or other structure which fails to comply with the USBC through damage, deterioration, infestation, improper maintenance, or for other reasons, and which thereby has become unsafe, unsanitary or deficient in adequate exit facilities; or an existing building, wall or other structure which is otherwise dangerous to human life, health or safety, or the public welfare.
(b)
All structures which fall within the definition of an unsafe building, wall or other structure, as defined in section (a)(3), above, are hereby declared to be public nuisances and unfit for human habitation. A property owner shall remove, repair or secure any unsafe structure located on his property, as follows:
(1)
by repairing and making the unsafe structure safe, through compliance with the USBC, or such other means or methods as will abate the conditions that present a danger to human life, health or safety, or the public welfare;
(2)
by vacating the unsafe structure and securing it against public entry, or
(3)
by taking down and removing the unsafe structure.
(c)
Whenever it shall come to the attention of the city's building maintenance official that any building, wall or structure likely constitutes an unsafe structure, the building maintenance official shall inspect or cause an inspection to be made thereof and shall determine whether the building, wall or other structure is in fact unsafe. The building maintenance official shall prepare a report, to be filed in the records of the city's department of neighborhood development services. A copy of such report shall be issued to the property owner. The report shall include the use of the structure, a description of conditions found and the nature and extent of the conditions.
(d)
If a building, wall or other structure is determined by the building maintenance official to be an unsafe structure, the building maintenance official shall issue a notice of unsafe structure to the owner of the unsafe building, wall or structure, as well as to any lienholder whose interest is of record in the land records of the Charlottesville Circuit Court. The notice shall give the owner and lienholder of record thirty (30) days in which to make the necessary repairs. Whenever possible, notice of an unsafe structure should also be given to the tenants, if any, of the unsafe building. The notice of unsafe structure shall be given as follows:
(1)
To an individual who can be found within the city, by hand-delivering a copy of the notice to such person. Where hand-delivery is utilized the code official shall prepare an affidavit certifying the hand-delivery. If the person named in the notice cannot be found after a diligent search, then notice shall be sent by certified mail, return receipt requested, to the last known address of such person and a copy of the notice shall also be posted in a conspicuous place on the premises; this latter procedure shall be deemed the equivalent of personal notice.
(2)
To an individual under the age of eighteen (18) years ("infant"), or who is otherwise legally incompetent, then notice shall be provided by hand-delivering a copy thereof to such person's parent, guardian or committee. If such parent, guardian or committee cannot be found after a diligent search, the notice shall be sent by certified mail, return receipt requested, to the last known address of such parent, guardian or committee and a copy of the notice shall also be posted in a conspicuous place on the premises. If there be no guardian or committee, notice shall be given by delivering a copy thereof to any person found at the infant's or incompetent's usual place of abode who is a member of his or her family and who is sixteen (16) years of age or older. If such infant or incompetent resides at a residential or other treatment facility, adult care facility or nursing home, notice shall be given by delivering a copy to the officer or official who is in charge of such facility. If a family member or an officer or official cannot be located after reasonable efforts to do so, then a copy of the notice shall be posted at the front door of the infant's or incompetent's usual abode and a copy of the notice shall also be posted in a conspicuous place on the unsafe premises. Compliance with the procedure(s) set forth in this paragraph shall be deemed the equivalent of personal notice.
(3)
To a corporation, bank, trust company, or other corporate or business entity, then notice shall be provided by hand-delivering a copy thereof to its president or other officer, director, manager, managing partner or agent thereof who is located in the city; or, if an individual cannot be found at the regular office or place of business in the city, by hand-delivering a copy to any employee thereof found at such office or place of business; or, if no such employee is found at such office or place of business, by leaving a copy of the notice posted at the front door of such office or place of business and sending a copy thereof by certified mail, return receipt requested, to the last known address of the corporate or business entity. A copy of the notice shall also be posted in a conspicuous place on the unsafe premises. Compliance with the procedure(s) set forth in this paragraph shall be deemed the equivalent of personal notice.
(4)
To a person whose identity is unknown or who has no place of abode, office or place of business in the city, and if, after reasonable efforts, the city cannot locate a last known address for such person, notice shall be given by publishing a copy of the notice in a newspaper of general circulation in the city, once per week, for two (2) successive weeks, in a newspaper having general circulation within the city.
(e)
If the owner and lienholder after notice and a reasonable opportunity to act has failed to remove, repair or secure the unsafe structure, then the city may remove, repair or secure the unsafe structure. Where certified mail or notice of publication is utilized, no action shall be taken by the city to remove, repair or secure any unsafe structure for at least thirty (30) days following the later of the return of a certified mailing receipt or newspaper publication.
(f)
When in the opinion of the building maintenance official there is immediate danger of collapse or failure of an unsafe structure, or any part thereof, which would endanger life, or when a violation of the USBC results in a hazard that creates an immediate, serious and imminent threat to the life and safety of the occupants thereof, then in addition to any other action authorized by the USBC (including, without limitation, issuance of an order requiring occupants to vacate the premises), the building maintenance official is hereby vested with the authority:
(1)
To take immediate action to secure the unsafe structure, and to make emergency repairs, to the extent reasonably necessary to make such unsafe structure, or part thereof, temporarily safe. Emergency repairs may include maintenance to the exterior of a building to prevent deterioration of the building or of adjacent buildings. If the unsafe structure, or a portion thereof, presents an imminent and immediate threat to life or property, then the corrective action authorized by this section may include the razing or removal of such structure, or a portion thereof. Notice of the emergency action(s) taken shall be given to the owner, in the same manner as provided in section 5-163(d) above, except that the thirty-day advance notice period shall not be applicable where emergency corrective action, securing of the unsafe structure or emergency repairs are necessary; and/or
(2)
To placard the unsafe structure as being unfit or unsafe for human occupancy or use. The placard shall be posted at all normal means of egress to the structure, building or facility. As soon as possible after placarding, the building maintenance official shall mail or deliver a notice to the owner(s) or occupant(s) of the unsafe structure, informing such person(s) of the reason for placarding and the penalty for occupancy or use while placarded. Notice shall be given in the same manner as provided in section 5-163(d) above. Once an unsafe structure is placarded, the occupancy or use is thereby prohibited. Occupancy or use of a placarded structure shall constitute a misdemeanor punishable as provided by section 5-1 of this chapter. Once an unsafe structure is placarded, no occupancy or use shall recommence until the building maintenance official approves such in writing. Removal of a placard without permission of the building maintenance official shall constitute a misdemeanor punishable as provided by section 5-1 of this chapter.
(g)
In the event the city removes, repairs, or secures any unsafe structure, then all of the costs or expenses incurred by the city shall be assessed and billed to and paid by the owner of the property, and the building maintenance official shall prepare an affidavit certifying the costs and expenses incurred by the city. If the charges billed to the property owner remain unpaid for more than thirty (30) days, such charges shall constitute a lien against such property enforceable in the same manner as provided by section 5-4 of the City Code.
(7-16-01(1), § 2; 3-1-04(1); 11-15-04(1), § 1)
(a)
For the purpose of this division, the following terms shall have the meanings ascribed below:
(1)
Affidavit means the sworn legal document prepared by the city in accordance with section 5-172, below.
(2)
Bawdy place means any real property which is used or is to be used for lewdness, assignation or prostitution.
(3)
Corrective action means the taking of steps which are reasonably expected to be effective to abate a bawdy place on real property, such as removal, repair or securing of any building, wall or other structure.
(4)
Director means the director of neighborhood development services, or his designee.
(5)
Owner means the owner of record of real property.
(6)
Person means any individual, firm, owner, sole proprietorship, partnership, corporation, unincorporated association, governmental body, municipal corporation, executor, administrator, trustee, guardian, agent, occupant or other legal entity.
(7)
Present threat to the public's health, safety or welfare shall mean, for the purposes of this division, the regular presence on property of persons who engage in aid or give any information or direction to any person with the intent to enable such person to commit any act or acts of lewdness, assignation or prostitution.
(8)
Property means real property.
(7-16-01(1), § 2)
In addition to any other enforcement procedures or remedies which may be available the director is authorized to undertake corrective action with respect to a bawdy place on property located within the city, in accordance with the following procedures:
(1)
The director shall execute an affidavit, in a form approved by the city attorney, citing this division as well as section 15.2-908.1 of the Code of Virginia (1950), as amended, and affirming that: a bawdy place exists on certain property in the manner described therein; that the city has used due diligence, without effect, to abate the bawdy place; and that the bawdy place constitutes a present threat to the public's health, safety or welfare. The director shall request the city attorney's assistance in verifying the last known owner(s) of record of the property and any lienholder(s) of record.
(2)
The director shall, in writing, notify the last known owner of the property, by regular mail sent to the owner's last known address as it appears in the city's assessment records for the property. The notice shall advise the owner that he or she has thirty (30) days from the date of the notice to undertake corrective action to abate the bawdy place described in the affidavit and that, if requested to do so, the city will assist the owner in determining and coordinating the appropriate corrective action to abate the bawdy place described in the affidavit. A copy of the director's affidavit shall be attached to the notice required by this section. The director shall prepare an affidavit of mailing, certifying that the notice was mailed as required by this section. The affidavit of mailing shall be sufficient evidence of the required mailing.
(7-16-01(1), § 2)
(a)
If no corrective action is undertaken by the owner within thirty (30) days from the city's notice, the director shall send by regular mail an additional notice ("final notice") to the owner, and the director shall also mail a copy of the final notice to any lienholder(s) of record by regular mail. The director shall prepare an affidavit certifying that mailing of the final notice has been made. The final notice shall state that not less than fifteen (15) days from the mailing of the notice the city will commence to abate the bawdy place, taking any corrective action the city deems appropriate, including, without limitation, removal of the building or other structure so as to abate the bawdy place on the property. The property owner shall have the right, upon reasonable notice to the city, to seek equitable relief, and the city shall initiate no corrective action while a proper petition is pending before a court of competent jurisdiction.
(b)
In the event the director determines that a removal of a building or structure is necessary to abate the bawdy place on the property, the final notice shall give the owner and any lienholder of record at least thirty (30) days in which to abate the bawdy place. The final notice shall be given to the owner and any lienholder(s) of record, as follows:
(1)
To an individual who can be found within the city, by hand-delivering a copy of the notice to such person. Where hand-delivery is utilized the director shall prepare an affidavit certifying the hand-delivery. If the person named in the notice cannot be found after a diligent search, then notice shall be sent by certified mail to the last known address of such person and a copy of the notice shall also be posted in a conspicuous place on the premises; this latter procedure shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.
(2)
To an individual under the age of eighteen (18) years ("infant"), or who is otherwise legally incompetent, then notice shall be provided by hand-delivering a copy thereof to such person's parent, guardian or committee. If such parent, guardian or committee cannot be found after a diligent search, the notice shall be sent by certified mail to the last known address of such parent, guardian or committee and a copy of the notice shall also be posted in a conspicuous place on the premises. If there be no guardian or committee, notice shall be given by delivering a copy thereof to any person found at the infant's or incompetent's usual place of abode who is a member of his or her family and who is sixteen (16) years of age or older. If such infant or incompetent resides at a residential or other treatment facility, adult care facility or nursing home, notice shall be given by delivering a copy to the officer or official who is in charge of such facility. If a family member or an officer or official cannot be located after reasonable efforts to do so, then a copy of the notice shall be posted at the front door of the infant's or incompetent's usual abode and a copy of the notice shall also be posted in a conspicuous place on the unsafe premises. Compliance with the procedure(s) set forth in this paragraph shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.
(3)
To a corporation, bank, trust company, or other corporate or business entity, the notice shall be provided by hand-delivering a copy thereof to its president or other officer, director, manager, managing partner or agent thereof who is located in the city; or, if an individual cannot be found at the regular office or place of business in the city, by hand-delivering a copy to any employee thereof found at such office or place of business; or, if no such employee is found at such office or place of business, by leaving a copy of the notice posted at the front door of such office or place of business and sent by certified mail, return receipt requested to the last known address of the corporate or business entity. A copy of the notice shall also be posted in a conspicuous place on the unsafe premises. Compliance with the procedure(s) set forth in this paragraph shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.
(4)
To a person whose identity is unknown or who has no place of abode, office or place of business in the city, and if, after reasonable efforts, the city cannot locate a last known address for such person, notice shall be given by publishing a copy of the notice in a newspaper of general circulation in the city, once per week, for two (2) successive weeks.
(5)
Where the final notice is sent by certified mail, or notice of publication is utilized, no action shall be taken by the city to remove any building or structure for at least thirty (30) days following the later of the return of a certified mailing receipt or newspaper publication.
(7-16-01(1), § 2)
If the city undertakes corrective action to abate a bawdy place the costs and expenses thereof shall be assessed and billed to the property owner, and the director shall prepare an affidavit certifying the costs and expenses incurred by the city. In the event the charges billed to the property owner remain unpaid for more than thirty (30) days, such charges shall constitute a lien against such property and shall be enforceable as provided by section 5-4 of this chapter.
(7-16-01(1), § 2)
If a property owner takes timely corrective action, the city shall deem the bawdy place abated and shall close the proceeding without any charge or costs to the owner and shall promptly provide written notice to the owner that the proceeding has been terminated satisfactorily. The closing of a proceeding shall not bar the city from initiating a subsequent proceeding if the bawdy place recurs.
(7-16-01(1), § 2)
For the purpose of this division, the following terms shall have the meanings ascribed below:
(a)
Affidavit means the sworn legal document prepared by the city in accordance with section 5-182, below.
(b)
Chief of police means the chief of police of the Charlottesville Police Department, and his designee(s).
(c)
Controlled substance shall refer to substances referenced within section 54.1-3401 of the Code of Virginia (1950), as amended, and for the purposes of this division the term shall also include marijuana.
(d)
Corrective action means the taking of steps which are reasonably expected to be effective to abate a drug blight on real property, such as removal, repair or securing of any building, wall or other structure.
(e)
Director means the director of neighborhood development services, and his designee(s).
(f)
Drug blight means a condition existing on real property which tends to endanger the public health or safety of residents of the city and is caused by the regular presence on the property of persons under the influence of illegal controlled substances or by the regular use of the property for the purpose of illegally possessing, manufacturing or distributing controlled substances on or nearby the property.
(g)
Owner means the record owner of real property, as indicated by the land records of the Charlottesville Circuit Court.
(h)
Person means any individual, firm, owner, sole proprietorship, partnership, corporation, unincorporated association, governmental body, municipal corporation, executor, administrator, trustee, guardian, agent, occupant or other legal entity.
(i)
Property means real property.
(7-16-01(1), § 2)
In addition to any other enforcement procedures or remedies which may be available to the city, the director is hereby authorized to undertake corrective action with respect to a drug blight on property located within the city, in accordance with the following procedures:
(a)
The city's chief of police may, from time to time, report to the director information concerning criminal activity related to controlled substances involving any property located in the city. Such information shall include details demonstrating that such property contains a drug blight. The information shall include a description of action(s) the chief of police has taken to abate the criminal activity referenced in the report.
(b)
Upon receipt of information referred to in paragraph (a), above, the director shall execute an affidavit, in a form approved by the city attorney, citing this division as well as section 15.2-907 of the Code of Virginia (1950), as amended, and affirming that: a drug blight exists in the manner described therein; that the city has used due diligence, without effect, to abate the drug blight; and that the drug blight constitutes a present threat to the public's health, safety or welfare. The director shall request the city attorney's assistance in verifying the last known owner(s) of record of the property and any lienholder(s) of record.
(c)
The director shall notify the property owner in writing of the determination of drug blight, and the director's written notice shall be mailed to the owner by regular mail sent to the last known address as it appears in the assessment records of the city. The notice shall advise the owner that the owner has thirty (30) days from the date of the notice to undertake corrective action to abate the drug blight described in the affidavit and that the city will assist the owner in determining the appropriate corrective action necessary to abate the drug blight. A copy of the director's affidavit affirming the presence of drug blight on the property shall be attached to the property owner's notice. The director shall prepare an affidavit certifying that the notice required by this section has been mailed.
(7-16-01(1), § 2)
(a)
If no corrective action is undertaken by the owner within thirty (30) days from the director's notice, the director shall send by regular mail an additional notice ("final notice")to the owner, at the address stated in the assessment records of the city and shall also send a copy of the final notice to any lienholder(s) of record by regular mail. The director shall prepare an affidavit certifying that mailing of the final notice has been made. The final notice shall state that not less than fifteen (15) days from the mailing thereof the city will commence to abate the drug blight, taking any corrective action the city deems appropriate, including, without limitation, removal of the building or other structure so as to abate the drug blight on the property. The property owner shall have the right, upon reasonable notice to the city, to seek equitable relief, and the city shall initiate no corrective action while a proper petition is pending before a court of competent jurisdiction.
(b)
In the event the director determines that a removal of a building or structure is necessary to abate the drug blight on the property, the final notice shall give the owner and any lienholder of record at least thirty (30) days in which to abate the drug blight. The final notice shall be given to the owner and any lienholder(s) of record, as follows:
(1)
To an individual who can be found within the city, by hand-delivering a copy of the notice to such person. Where hand-delivery is utilized the director shall prepare an affidavit certifying the hand-delivery. If the person named in the notice cannot be found after a diligent search, then notice shall be sent by certified mail, return receipt requested, to the last known address of such person and a copy of the notice shall also be posted in a conspicuous place on the premises; this latter procedure shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.
(2)
To an individual under the age of eighteen (18) years ("infant"), or who is otherwise legally incompetent, then notice shall be provided by hand-delivering a copy thereof to such person's parent, guardian or committee. If such parent, guardian or committee cannot be found after a diligent search, the notice shall be sent by certified mail to the last known address of such parent, guardian or committee and a copy of the notice shall also be posted in a conspicuous place on the premises. If there be no guardian or committee, notice shall be given by delivering a copy thereof to any person found at the infant's or incompetent's usual place of abode who is a member of his or her family and who is sixteen (16) years of age or older. If such infant or incompetent resides at a residential or other treatment facility, adult care facility or nursing home, notice shall be given by delivering a copy to the officer or official who is in charge of such facility. If a family member or an officer or official cannot be located after reasonable efforts to do so, then a copy of the notice shall be posted at the front door of the infant's or incompetent's usual abode and a copy of the notice shall also be posted in a conspicuous place on the unsafe premises. Compliance with the procedure(s) set forth in this paragraph shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.
(3)
To a corporation, bank, trust company, or other corporate or business entity, then notice shall be provided by hand-delivering a copy thereof to its president or other officer, director, manager, managing partner or agent thereof who is located in the city; or, if an individual cannot be found at the regular office or place of business in the city, by hand-delivering a copy to any employee thereof found at such office or place of business; or, if no such employee is found at such office or place of business, by leaving a copy of the notice posted at the front door of such office or place of business and sent by certified mail, return receipt requested, to the last known address of the corporate or business entity. A copy of the notice shall also be posted in a conspicuous place on the unsafe premises. Compliance with the procedure(s) set forth in this paragraph shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.
(4)
To a person whose identity is unknown or who has no place of abode, office or place of business in the city, and if, after reasonable efforts, the city cannot locate a last known address for such person, notice shall be given by publishing a copy of the notice in a newspaper of general circulation in the city, once per week, for two (2) successive weeks, in a newspaper having general circulation within the city. A certificate of publication provided by the newspaper shall be sufficient evidence of the required publication.
(5)
Where the final notice is sent by certified mail, or notice of publication is utilized, no action shall be taken by the city to remove any building or structure for at least thirty (30) days following the later of the return of a certified mailing receipt or newspaper publication.
(7-16-01(1), § 2)
If the city undertakes corrective action to abate a drug blight the costs and expenses thereof shall be billed to and paid by the owner of the property. The director shall prepare an affidavit certifying the costs and expenses incurred by the city. Every charge authorized by this section which remains unpaid for thirty (30) days shall constitute a lien against such property and enforceable in the same manner as provided by section 5-4 of this chapter.
(7-16-01(1), § 2)
If a property owner takes timely and effective corrective action pursuant to this division to abate the drug blight, the city shall close the proceeding without any charge or costs to the owner and shall promptly provide written notice to the owner that the proceeding has been terminated satisfactorily. The closing of a proceeding shall not bar the city from initiating a subsequent proceeding if the drug blight recurs.
(7-16-01(1), § 2)
The purpose of this division is to set forth the powers of the city and procedures for the acquisition or repair of blighted property, as defined herein, which are located within the city.
(7-16-01(1), § 2)
For the purposes of this division the following terms shall have the meanings ascribed below:
(a)
Blighted property shall mean and refer to any property with buildings or improvements which, by reason of dilapidation, overcrowding, lack of ventilation, light and sanitary facilities, deleterious land use, or any combination of these or other factors, are detrimental to the safety, health, or welfare of the community.
(b)
Director shall mean and refer to the director of neighborhood development services and his designee(s).
(7-16-01(1), § 2)
The director shall make a preliminary determination that a property is a blighted property. Upon making such a preliminary determination, the director shall notify the owner of the blighted property, specifying in writing the reasons why the property is considered blighted. A property owner shall have thirty (30) days from the director's written notice of the preliminary determination to respond with a plan to cure the blight within a reasonable time. If the owner fails to respond within the thirty-day period with a plan that is acceptable to the director, then the director may request the planning commission to conduct a public hearing and make findings and recommendations concerning the repair or other disposition of the property in question.
(7-16-01(1), § 2)
(a)
In the event a public hearing is scheduled by the planning commission:
(1)
The director shall prepare a plan for the repair or other disposition of the subject property. The director's plan shall include any aspect(s) of a plan submitted by the property owner which the director deems to be reasonable.
(2)
Notice of the public hearing, including the director's plan for the intended repair or other disposition of the property, and including the time and place of the hearing at which persons affected may appear and present their views, shall be given by the planning commission as follows:
(i)
By regular and also by certified mail, to the following: (i) the owner of the blighted property, or the agent designated by the owner for receipt of service of notices concerning the payment of real estate taxes within the city;(ii) the abutting property owners in each direction, including those property owners immediately across the street or road from the property; and (iii) the representative neighborhood association, if any, for the immediate area, and
(ii)
By publication, at least twice, with not less than six (6) days elapsing between the first and second publications, in a newspaper published or having general circulation in the city, and
(iii)
By posting on the property itself.
(b)
The public hearing shall take place not less than six (6) days nor more than twenty-one (21) days after the second newspaper publication.
(7-16-01(1), § 2)
(a)
Following a public hearing, the planning commission shall make specific findings as to whether:
(1)
The property is a blighted property, as defined within City Code section 5-192;
(2)
The owner has failed to cure the blight or to present a reasonable plan to do so;
(3)
The property is occupied for personal residential purposes,
(4)
The property has been condemned for human habitation for more than one (1) year;
(5)
The director's plan for the repair or other disposition of the property is reasonable and in accordance with the city's adopted comprehensive plan, zoning ordinances, and other applicable land use regulations;
(6)
The property is located within an area listed on the National Register of Historic Places. In the event of such a determination, then the planning commission shall consult with the board of architectural review regarding the director's proposed plan for repair or other disposition of the property.
(b)
The planning commission shall report its findings and recommendations concerning the repair or other disposition of the blighted property to the city council.
(7-16-01(1), § 2)
Upon receipt of findings and recommendations from the planning commission, the city council may, after an advertised public hearing, affirm, modify or reject the planning commission's findings and recommendations. If the repair or other disposition of the property is approved, the city may carry out the approved plan in accordance with the approved plan and applicable law.
(7-16-01(1), § 2)
The city shall have a lien on all property repaired or acquired under an approved plan, to cover the cost of improvements made by the city to bring the blighted property into compliance with applicable building codes and the cost of disposal, if any. The director shall prepare an affidavit certifying the amount of such costs. The lien shall be filed in the circuit court and shall be subordinate to any prior liens of record. The city may recover its costs of repair from the owner of record of the property when the repairs were made, at such time as the property is sold or disposed of by such owner. If the property is acquired by the city through eminent domain, the cost of repair may be recovered when the city council sells or disposes of the property. In either case, the costs of repair shall be recovered from the proceeds of any sale of the property.
(7-16-01(1), § 2)
(a)
In lieu of the acquisition of a blighted property by the exercise of the city's powers of eminent domain, and in lieu of the exercise of other powers listed in this division, the city council may, by ordinance, make findings that a property constitutes a blighted property, as defined within City Code section 5-192, declare such blighted property a nuisance and thereupon abate the nuisance.
(b)
Such ordinance shall be adopted only after written notice by certified mail to the owner(s) of the property, at the last known address of such owner(s) as shown on the current real estate tax assessment books or current real estate tax assessment records. The notice shall advise the property owner that if corrective action is not taken by the property owner of the date(s) on which the ordinance will be considered by council, and a copy of the proposed ordinance shall be attached to the notice. A copy of such notice and proposed ordinance shall also be sent by certified mail to any lienholder(s) of record. Copies of certified mail receipt(s) shall be sufficient evidence of mailing.
(c)
The abatement process shall be as follows:
(1)
If the property owner fails to abate the blight prior to the date on which an ordinance is adopted by council, the director shall give a final notice to the owner and shall also send a copy of the final notice to any lienholder(s) of record. A copy of the ordinance adopted by council shall be attached to the final notice. The final notice shall state that, no fewer than fifteen (15) days from the mailing thereof, the city will commence to abate the blight, taking any corrective action the city deems appropriate, including, without limitation, removal of the building or other structure so as to abate the blight on the property. In the event the director determines that a removal of a building or structure is necessary to abate the blight on the property, the final notice shall give the owner and any lienholder of record at least thirty (30) days in which to abate the blight. The property owner shall have the right, upon reasonable notice to the city, to seek equitable relief, and the city shall initiate no corrective action while a proper petition is pending before a court of competent jurisdiction.
(d)
The final notice shall be given to the owner and any lienholder(s) of record, as follows:
(1)
To an individual who can be found within the city, by hand-delivering a copy of the notice to such person. Where hand-delivery is utilized the director shall prepare an affidavit certifying the hand-delivery. If the person named in the notice cannot be found after a diligent search, then notice shall be sent by certified mail, return receipt requested, to the last known address of such person and a copy of the notice shall also be posted in a conspicuous place on the premises; this latter procedure shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.
(2)
To an individual under the age of eighteen (18) years ("infant"), or who is otherwise legally incompetent, then notice shall be provided by hand-delivering a copy thereof to such person's parent, guardian or committee. If such parent, guardian or committee cannot be found after a diligent search, the notice shall be sent by certified mail, return receipt requested, to the last known address of such parent, guardian or committee and a copy of the notice shall also be posted in a conspicuous place on the premises. If there be no guardian or committee, notice shall be given by delivering a copy thereof to any person found at the infant's or incompetent's usual place of abode who is a member of his or her family and who is sixteen (16) years of age or older. If such infant or incompetent resides at a residential or other treatment facility, adult care facility or nursing home, notice shall be given by delivering a copy to the officer or official who is in charge of such facility. If a family member or an officer or official cannot be located after reasonable efforts to do so, then a copy of the notice shall be posted at the front door of the infant's or incompetent's usual abode and a copy of the notice shall also be posted in a conspicuous place on the unsafe premises. Compliance with the procedure(s) set forth in this paragraph shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.
(3)
To a corporation, bank, trust company, or other corporate or business entity, then notice shall be provided by hand-delivering a copy thereof to its president or other officer, director, manager, managing partner or agent thereof who is located in the city; or, if an individual cannot be found at the regular office or place of business in the city, by hand-delivering a copy to any employee thereof found at such office or place of business; or, if no such employee is found at such office or place of business, by leaving a copy of the notice posted at the front door of such office or place of business and sent by certified mail, return receipt requested, to the last known address of the corporate or business entity. A copy of the notice shall also be posted in a conspicuous place on the unsafe premises. Compliance with the procedure(s) set forth in this paragraph shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.
(4)
To a person whose identity is unknown or who has no place of abode, office or place of business in the city, and if, after reasonable efforts, the city cannot locate a last known address for such person, notice shall be given by publishing a copy of the notice in a newspaper of general circulation in the city, once per week, for two (2) successive weeks, in a newspaper having general circulation within the city. A certificate of publication provided by the newspaper shall be sufficient evidence of the required publication.
(5)
Where the final notice is sent by certified mail, or notice of publication is utilized, no action shall be taken by the city to remove any building or structure for at least thirty (30) days following the later of the return of a certified mailing receipt or newspaper publication.
(7-16-01(1), § 2)
Except as otherwise specifically provided, a violation of any provision of this chapter, including any provision of the codes adopted in Article II, shall constitute a Class 1 misdemeanor punishable by a fine of not more than two thousand five hundred dollars ($2,500.00). In addition, a person guilty of such violation shall make good all damages arising by reason of the violation and shall be subject to revocation of his license to do business in the city. For the purposes of this chapter, the word "person" shall include any individual, corporation, partnership, association, company, business, trust, joint venture or other legal entity.
(Code 1976, § 5-15; 12-21-92; 7-16-01(1), § 1)
State Law reference— Penalty for building code violations, Code of Virginia, § 36-106.
Editor's note— An ordinance adopted Nov. 1, 2004, § 1, repealed § 5-2, which pertained to registration of contractors. See also the Code Comparative Table.
(a)
Any landlord who rents five (5) or more dwelling units, as defined in the Virginia Residential Landlord and Tenant Act, section 55-248.4 ), in any one (1) building shall install the following devices upon the written request of the tenant:
(1)
Peepholes, and dead-bolt locks which meet the requirements of the USBC for new multi-family construction, within any exterior swinging entrance door to such tenant's unit; however, the landlord shall not be required to install a peephole in any door having a glass panel;
(2)
Manufacturer's locks which meet the requirements of the USBC, and removable metal pins or Charlie bars which meet requirements of the USBC, on exterior sliding glass doors located on the first two (2) levels of a building; and
(3)
Locking devices which meet the requirements of the USBC, on all exterior windows.
(b)
Any landlord subject to this section shall have a reasonable time in which to comply with its requirements. For the purposes of this section, ten (10) days following receipt of written notice of a tenant or the city's building maintenance official shall be deemed a reasonable time.
(Code 1976, § 5-3.2; 11-1-04, § 1)
State Law reference— Authority for above section, Code of Virginia, § 55-248.13:1.
(a)
Except as otherwise provided herein, wherever this chapter authorizes the city to take action to remedy, abate, repair, remove or take other action to correct a condition which exists on property located within the city, in violation of a provision of this chapter, the costs and expenses incurred by the city in taking such action shall be assessed and billed to, and paid by, the owner of the property. The city may take such action through any employees or agents, subject to applicable public procurement laws.
(b)
Except as provided in section 5-163(g) of this chapter, amounts in excess of two hundred dollars ($200.00) which have been assessed and billed to a property owner and which remain unpaid for thirty (30) days shall constitute a lien against such property ranking on a priority with liens for unpaid local taxes and enforceable in the same manner as provided in Articles 3 (Section 58.1-3940 et seq.) and 4 (Section 58.1-3895 et seq.) of Chapter 39, Title 58.1 of the Code of Virginia (1950), as amended. The city may waive such liens in order to facilitate a sale of such property; however, such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed.
(c)
The remedies set forth within this chapter shall be cumulative and shall be in addition to any other remedies that may be authorized by law.
(7-16-01(1), § 2; 11-15-04(1), § 1)
(a)
There is hereby incorporated by reference into this Code the Uniform Statewide Building Code ("USBC") adopted and promulgated on April 15, 1997 by the Virginia Board of Housing and Community Development pursuant to the provisions of § 36-98 of the Code of Virginia (1950), and amendments thereof and regulations promulgated pursuant thereto, as adopted and promulgated by such board from time to time (including, without limitation, the USBC amendment adopted by the board effective October 1, 2003, and any documents or codes adopted and incorporated into the USBC by reference therein).
(b)
Enforcement of Part II of the USBC shall be the responsibility of the city's building department and code official. Enforcement of Part III of the USBC shall be the responsibility of the city's local enforcing agency and building maintenance official. For the purposes of this chapter the term "building department" and "local enforcing agency" shall mean the city's department of neighborhood development services, which is hereby charged with the administration, supervision and enforcement of the USBC and with approval of plans, inspection of buildings and issuance of permits, licenses, certificates or similar documents.
(c)
The code adopted by this chapter is hereby declared to be remedial, and shall be construed to secure the beneficial interests and purposes thereof, which are public safety, health and general welfare, through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair, removal, demolition, use and occupancy of buildings, structures or premises.
(d)
The provisions of the code adopted by this chapter shall apply to the construction, alteration, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings and structures.
(e)
Except as otherwise provided, any owner or other person who shall violate any provision of the USBC or who shall violate any lawful provision of any rule, regulation or order adopted or made by the building code official pursuant to the provisions of this Article II shall be guilty of a misdemeanor punishable by a fine of not more than two thousand five hundred dollars ($2,500.00). Each day a violation continues after conviction shall constitute a separate offense. If the violation remains uncorrected at the time of the conviction, the court shall order the violator to obey or remedy the violation in order to comply with the provisions of this Article II. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within six (6) months of the date of conviction. Each day during which a violation continues after the court-ordered abatement period has ended shall constitute a separate offense. Any person convicted of a second offense committed within less than five (5) years after a first offense shall be punished by a fine of not less than one thousand dollars ($1,000.00) nor more than two thousand five hundred dollars ($2,500.00). Any person convicted of a second offense committed within a period of five (5) to ten (10) years of a first offense shall be punished by a fine of not less than five hundred dollars ($500.00) nor more than two thousand five hundred dollars ($2,500.00). Any person convicted of a third or subsequent offense involving the same property committed within ten (10) years of an offense, after having been at least twice previously convicted shall be punished by confinement in jail for not more than ten (10) days and a fine of not less than two thousand five hundred dollars ($2,500.00) nor more than five thousand dollars ($5,000.00), either or both. No portion of the fine imposed for such third or subsequent offense committed within ten (10) years of an offense shall be suspended.
(f)
Any owner or other person who shall retaliate against a tenant by increasing rent or decreasing services, or by terminating a rental agreement, because the tenant reported a violation of the provisions of this chapter to the code official, or because the tenant cooperated with the building code official in an investigation, shall be guilty of a violation of this chapter and shall be punished as provided in section 5-1 of this chapter.
(Code 1976, § 5-1; 7-16-01(1), § 1; 3-1-04(1))
State Law reference— Uniform Statewide Building Code, Code of Virginia, § 36-97 et seq.
In addition to those provisions of the USBC which the city's building department is required by law to enforce, the city does hereby elect to enforce those optional provisions of the USBC pertaining to the maintenance of existing structures and the equipment therein.
(Code 1976, § 5-1.1; 7-16-01(1), § 1)
(a)
The city's building department and local enforcing agency shall appoint two (2) officials in charge of enforcement. One (1) shall be referred to as the city's "code official," or "building code official" and the other shall be referred to as the building maintenance official. The code official and building maintenance official shall each be appointed by the city's director of neighborhood development services, with the approval of the city manager. The authority of the city's building department, code official and building maintenance official shall include inspection not only for enforcement of the USBC but also to include inspections to determine the safety of existing structures or equipment and to determine whether grounds exist for the abatement or removal of any building, structure or equipment which may be dangerous to human life, health or safety, or the public welfare.
(1)
The city's code official and building maintenance official shall have the qualifications, experience and certifications required by the USBC, Part 1, Chapter 1, Section 104.
(2)
The city's code official and building maintenance official shall appoint technical assistants and other employees for the administration and enforcement of the USBC. Such assistants and employees shall have the qualifications, experience and certifications required by the USBC, Part 1, Chapter 1, Section 104.
(b)
The code official, building maintenance official, or their duly authorized representative may enter any building structure or other premises in the city to perform any duty imposed upon him by this chapter.
(c)
Upon notice from the code official that work on any building or structure is being done contrary to the provisions of the USBC, or in a manner that is otherwise dangerous or unsafe, such work shall be immediately stopped. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Where an emergency exists, no written notice shall be required to be given by the building official.
(Code 1976, § 5-2; 7-16-01(1), § 1; 3-1-04(1))
There is hereby created a building code board of appeals, pursuant to Volume I of the Virginia Uniform Statewide Building Code. The board of appeals shall consist of five (5) members qualified as provided in such code and the members shall serve for terms of five (5) years each. The jurisdiction of the board of appeals shall be as established by the building code and may be expanded by local ordinance.
(Code 1976, § 5-14)
Cross reference— Limitation on terms of members of boards, § 2-8; building code board of appeals designated as fire prevention code board of appeals, § 12-54; appeals from decisions relating to tax exemption for solar energy facilities to building code board of appeals, § 30-131.
Editor's note— An ordinance adopted Nov. 1, 2004, § 2, repealed § 5-30, which pertained to Insertion of local requirements in plumbing code. See also the Code Comparative Table.
The design and installation of building, electrical, mechanical, and plumbing systems and any other work subject to USBC regulations, shall comply with the requirements of this chapter and with the USBC and other applicable state laws and regulations.
(Code 1976, § 5-22; 11-1-04, § 2)
All natural gas pipe lines shall be installed to meet the U.S. Department of Transportation minimum safety standards for transportation of natural gas and the requirements of the building code.
(11-1-04, § 3)
Note— See the editor's note at §§ 5-34—5-55.
No utility line shall be located within one (1) foot of a gas line; except, that a sanitary sewer line shall not be located within five (5) feet of a gas line.
(11-1-04, § 3)
Note— See the editor's note at §§ 5-34—5-55.
Editor's note— An ordinance adopted Nov. 1, 2004, § 2, repealed former §§ 5-32—5-37, which pertained to standards for installation of gas pipe lines; who may work on gas systems; location of utility lines near gas lines; and venting of gas appliances. Section 3 of said ordinance added provisions designated as new §§ 5-32 and 5-33 to read as herein set out. See also the Code Comparative Table.
(a)
Application for any permits required pursuant to the USBC ("building permit") shall be made to the city's building official. The city council will, from time to time, approve a schedule of the fees and charges associated with the costs of such building permits and with building code enforcement and appeals required by this chapter. At the time an application, permit or other approval is submitted to the city, it shall be accompanied by the required fee(s) and charges as designated in the most recent fee schedule adopted by city council. Fees shall be made payable to the city treasurer. No building permit shall be issued until all required fees have been paid.
(b)
The fee for issuance of a permit issued pursuant to this chapter shall have added to it any surcharge levied by the Virginia Department of Housing and Community Development ("DHCD") pursuant to section 36-137 of the Code of Virginia, as set forth within the building code, which surcharge shall be remitted to DHCD on a quarterly basis.
(Code 1976, § 5-4; 4-2-90; 6-4-01(1), § 1; 7-16-01(1), § 1; 4-13-04(1), § 1; 11-1-04, § 4)
Cross reference— Compliance with chapter 10 prerequisite to issuance of building permit, § 10-3.
(a)
In the event the building official finds that an individual is practicing as a tradesman, liquefied petroleum gas fitter or natural gas fitter provider (as those terms are defined within § 54.1-1128 of the Virginia Code) without a license as required by state law, the building official shall file a report to that effect with the state board for contractors.
(b)
If the building official has reason to believe that (i) a tradesman, liquefied petroleum gas fitter, or natural gas fitter provider is performing incompetently as demonstrated by an egregious or repeated violation of the USBC, or (ii) a certified backflow prevention device worker is performing incompetently, as demonstrated by an egregious or repeated violation of the standards adopted by the American Society of Sanitary Engineering referenced in the plumbing code adopted by the USBC, then the building official shall file a report to such effect with the state board for contractors.
(11-1-04, § 6)
Editor's note— An ordinance adopted Nov. 1, 2004, § 5, repealed §§ 5-57—5-64, which pertained to Special permits; Electrical permits—Generally; Same—Annual; Plumbing permits—Generally; Same—Annual; Mechanical permits—Generally; Same—Annual; and Revocation of permits. Section 6 of said ordinance enacted provisions designated as a new § 5-57 to read as herein set out. See also the Code Comparative Table.
All buildings fronting on the public streets of the city shall be numbered in conformity with the following:
(1)
On streets running parallel with Main Street, the odd numbers shall apply to the north sides and the even numbers to the south sides. On streets running parallel with First Street, the odd numbers shall apply to the west sides and the even numbers to the east sides.
(2)
On streets running parallel with Main Street, the numbering shall commence with Number 100 at First Street, increasing at the rate of one hundred (100) numbers for each block going eastward and westward. On streets running parallel with First Street, the numbering shall commence with Number 100 at Main Street, increasing at the rate of one hundred (100) numbers for each block going northward and southward.
(Code 1976, § 5-31)
The director of public works shall have prepared a master building number map and on such map shall establish all house numbers, allowing one (1) whole number for every house, tenement or other building and, from criteria on the map, maintain numbers for vacant lots in both residential and business districts. The director shall also furnish all owners of buildings with the information necessary for them to place their numbers on their houses, tenements or other buildings and shall give a certificate of the proper number applicable to any building when so requested by the owner thereof.
(Code 1976, § 5-32)
No person owning or occupying a building shall number or attempt to number it otherwise than in conformity with this article, nor shall any person deface, alter or remove a number placed upon a house in accordance with this article; provided, that owners may briefly remove numbers in order to repair, maintain or replace them with copies.
(Code 1976, § 5-33)
(a)
It shall be unlawful for any person to willfully and maliciously damage or deface any public buildings, facilities or real or personal property (including, without limitation, any tree, shrub, bush or flowers), or any private buildings, facilities or real or personal property. The possession of paint, ink, stain, varnish, dye or any other substance which leaves a mark, without authority of the owner, lessee or agent of the owner, by a person apprehended upon public property, or in a public building, shall be prima facie evidence of an intent to defile, deface, brand, write, mark or paint such structure or building as is prohibited by this section. Except as provided herein below, a person found guilty of a violation of this section shall be shall be punished as provided in section 5-1 of this chapter.
(b)
Upon a finding of guilt under this section in any case tried before the court without a jury, in the event the violation constitutes a first offense which results in property damage or loss, the court, without entering a judgment of guilt, upon motion of the defendant, may defer further proceedings and place the defendant on probation pending completion of a plan of community service work. If the defendant fails or refuses to complete the community service as ordered by the court, the court may make final disposition of the case and proceed as otherwise provided. If the community service work is completed as the court prescribes, the court may discharge the defendant and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying the ordinance in subsequent proceedings. Notwithstanding any other provision of law, no person convicted of a violation of this section shall be placed on probation or have his sentence suspended unless such person shall make at least partial restitution for such property damage or is compelled to perform community service, or both, as is more particularly set forth in Virginia Code section 19.2-305.1.
(c)
Community service, to the extent feasible, shall include the repair, restoration or replacement of any damage or defacement to property within the locality, and may include: clean-up, beautification, landscaping or other appropriate community service within the locality. The director of public works, or his or her designee, is hereby charged with the supervision of the performance of any community service work required and with reporting to the court imposing any such requirement. At or before the time of sentencing, the court shall receive and consider any plan for making restitution or performing community service submitted by the defendant. The court shall also receive and consider the recommendations of the city's director of public works or his or her designee.
(d)
In the event any willful or malicious damage, defacement, or destruction of any public property is caused by a person under the age of eighteen (18) years ("minor"), then the city may institute an action and recover damages therefor from the parents, or either of them, of any such minor living with such parent(s). No more than two thousand five hundred dollars ($2,500.00) may be recovered from such parent, or either of them, as a result of any incident or occurrence on which such action is based. Any recovery from the parent(s) of such minor shall not preclude full recovery from such minor, except to the amount of the recovery from such parent(s). The provisions of this section shall be in addition to, and not in lieu of, any other law imposing upon a parent liability for the acts of a minor child.
(e)
The director of public works or his or her designee is authorized to undertake or contract for the removal or repair of the defacement of any public building, wall, fence or other structure, or of any private building, wall, fence or other structure where such damage or defacement is visible from any public right-of-way.
(1)
Prior to such removal the director of neighborhood development services or his or her designee shall seek the written permission of the property owner; if written permission is not practical under the circumstances, verbal authorization shall be sought.
(2)
If the property owner fails to provide requested permission within five (5) days of receipt of a request for permission, or denies any such request, then the director of neighborhood development services or his or her designee shall give the property owner of record and the person in control of the property, a written notice of the city's intention to proceed with removal or repair. Such written notice shall describe the condition(s) to be abated, the location of the property, a statement of the act(s) necessary to remove or repair the defacement, and the date on which the city will commence abatement if such defacement is not remedied, which date shall be no fewer than five (5) business days following the notice.
(3)
All notices sent pursuant to this section shall be served to an owner as follows: (i) by hand-delivery to the owner of record, (ii) by regular, first-class mail, to the owner of record at the address listed in the city's real estate tax records, or to any occupant of the property at the address where the violation exists; (iii) to a person who has charge of real estate as an executor, administrator, trustee, guardian or agent, by hand-delivery or by regular, first-class mail, to the last known address of such person; or (iv) to a person who is the beneficiary of any easement or right of use of a parcel of real estate, by hand delivery or by certified mail, return receipt requested, to the person's last known address. If the real estate parcel on which the violation exists is undeveloped or vacant, the notice shall also be posted in a conspicuous place on the property.
(7-16-01(1))
(a)
It shall be unlawful for any person to commit any of the following acts:
(1)
Willfully destroy, defile, deface or otherwise injure any building or structure used or designed for use as a place of religious worship or instruction or any part thereof or appurtenance thereto, or any book, religious vestment, furniture, ornament, musical instrument, article of silver or plated ware or other chattel or property kept therein.
(2)
Brand, write, mark or paint any sign, letters or characters of an obscene or disparaging nature on any building or structure used or designed for use as a place of religious worship or instruction or upon any part of such buildings, whether such part is interior or exterior.
(3)
Attempt to commit any acts prohibited by this section.
(b)
The possession of paint, ink, stain, varnish, dye or any other substance which leaves a mark, without authority of the owner, lessee or agent of the owner, by a person apprehended upon the grounds of any building or structure used or designed to be used as a place of religious worship or instruction shall be prima facie evidence of an intent to defile, deface, brand, write, mark or paint such structure or building as is prohibited by this section.
(c)
A person found guilty of a violation of this section shall be shall be punished as provided in section 5-1 of this chapter.
(7-16-01(1))
(a)
The following definitions shall apply to these words when used in this section:
(1)
Director means the director of neighborhood development services and his designee(s).
(2)
Owner means a person: (i) who is the owner of any parcel of real estate, as indicated by the real estate tax records in the office of the city assessor; (ii) who is the occupant or tenant of any parcel of real estate; (iii) who has charge of a parcel of real estate as an executor, administrator, trustee, guardian or agent, or (iv) who is the beneficiary of any easement or right of use of a parcel of real estate.
(b)
It shall be unlawful for any person to allow to accumulate on any private property or premises any offensive, unwholesome, unsanitary or unhealthy substance(s), including, without limitation: any refuse, garbage, rubbish, paper, trash, manure, offal, ashes, vegetable matter, broken glass, or stagnant water. Any such accumulation is hereby declared to be a public nuisance. A person found guilty of a violation of this section shall be shall be punished as provided in section 5-1 of this chapter.
(c)
The director shall, upon determining that there exists a violation of this section, serve notice on the owner to cause such violation to be remedied, removed or otherwise abated. The owner shall remedy, remove or otherwise abate the nuisance within ten (10) calendar days following the issuance of such notice.
(1)
All notices sent pursuant to this section shall be served to an owner as follows: (i) by hand-delivery to the owner of record, (ii) by regular, first-class mail, to the owner of record at the address listed in the city's real estate tax records, or to any occupant of the property at the address where the violation exists; (iii) to a person who has charge of real estate as an executor, administrator, trustee, guardian or agent, by hand-delivery or by regular, first-class mail, to the last known address of such person; or (iv) to a person who is the beneficiary of any easement or right of use of a parcel of real estate, by hand delivery or by regular, first-class mail, to the person's last known address. If the real estate parcel on which the violation exists is undeveloped or vacant, the notice shall also be posted in a conspicuous place on the property.
(2)
Such notice shall require the owner to correct the condition within ten (10) days of the notice. An affidavit of the director certifying hand-delivery or mailing shall be sufficient evidence of notice to the owner.
(d)
If the condition is not corrected within ten (10) days after hand-delivery of the notice, or within ten (10) days following mailing, the director may cause such condition to be abated. The cost thereof, together with an administrative handling charge of seventy-five dollars ($75.00), shall be assessed and billed to the property owner, and the director shall prepare an affidavit certifying the costs and expenses incurred by the city. In the event the charges billed to the property owner remain unpaid for more than thirty (30) days, such charges shall constitute a lien against such property enforceable as provided by section 5-4 of the City Code.
(7-16-01(1))
(a)
The following definitions shall apply to these words when used in this section:
(1)
Director means the director of neighborhood development services and his designee(s).
(2)
Owner means: (i) that person who owns any parcel of real estate, as identified in the real estate tax records in the office of the city assessor; (ii) any person who is the occupant or tenant of any parcel of real estate; (iii) any person having charge of a parcel of real estate as an executor, administrator, trustee, guardian or agent, or (iv) the beneficiary of any easement or right of use of a parcel of real estate.
(3)
Weeds means any plant, grass, weed, brush or any other vegetation, herbaceous or woody, other than (i) trees, ornamental shrubbery and vegetable and flower gardens purposefully planted and maintained free of weed hazard or nuisance; (ii) cultivated crops; (iii) public recreational areas or trails intended to be left in their natural state; and (iv) vegetation along natural streams or watercourses when necessary to deter erosion.
(b)
A person found guilty of a violation of either of the following provisions shall be punished as provided in section 5-1 of this chapter.
(1)
It shall be unlawful for the owner of any parcel of real estate to allow weeds to reach a height of eighteen (18) or more inches, where such weeds are located: (i) on any developed lot or parcel in the city, or (ii) on that portion of any undeveloped lot or parcel in the city which is within one hundred fifty (150) feet of any building, street, sidewalk or public right-of-way. All weeds existing in violation of this section are hereby declared to constitute a public nuisance.
(2)
It shall be unlawful for the owner of any parcel of real estate to allow thereon any hedge, shrub, tree or other vegetation, the limbs, branches or other parts of which overhang, extend or protrude into any street, sidewalk or public alley in a manner which obstructs or impedes the safe and orderly movement of persons or vehicles thereon, or in the case of trees, when the dead limbs or branches thereof are likely to fall into or across such street or sidewalk thereby endangering such persons and vehicles. Any such hedge(s), shrub(s), tree(s) or other vegetation existing in violation of this section is hereby declared to constitute a public nuisance.
(c)
The director shall, upon determining that there exists a condition or growth of vegetation in violation of this section, serve notice on the owner to cause such condition or growth to be cut, removed or otherwise abated. The owner of any parcel of real estate on which there exists a condition or growth of vegetation in violation of this section shall be required to cut, remove, or otherwise abate the nuisance within ten (10) calendar days following the issuance of such notice.
(1)
All notices sent pursuant to this section shall be served to an owner as follows: (i) by hand-delivery to the owner of record, (ii) by regular, first-class mail, to the owner of record at the address listed in the city's real estate tax records, or to any occupant of the property at the address where the violation exists; (iii) to a person who has charge of real estate as an executor, administrator, trustee, guardian or agent, by hand delivery, or by regular mail to the last known address of such person, or (iv) to a person who is the beneficiary of any easement or right of use of a parcel of real estate, by hand delivery, or by regular first-class mail to the person's last known address. If the real estate parcel on which the violation exists is undeveloped or vacant, the notice shall also be posted in a conspicuous place on the property.
(2)
Such notice shall require the owner to correct the condition within ten (10) days from the date of delivery or mailing of the notice. An affidavit of the director certifying hand-delivery or mailing shall be sufficient evidence of notice to the owner.
(d)
If the condition is not corrected within ten (10) days after the delivery or mailing of the director's notice, the director may cause such condition to be abated. The cost thereof, together with an administrative handling charge of seventy-five dollars ($75.00) shall be assessed and billed to the property owner, and the director shall prepare an affidavit certifying the costs and expenses incurred by the city. In the event the charges billed to the property owner remain unpaid for more than thirty (30) days, such charges shall constitute a lien against such property enforceable as provided by section 5-4 of the City Code.
(7-16-01(1))
(a)
It shall be unlawful for any person to keep, except within a fully enclosed building or structure or otherwise shielded or screened from view, on any property zoned for residential purposes, see section 34-350 of the City Code, or commercial purposes, see sections 34-440 and 34-541 of the City Code, any inoperable motor vehicle. However, the provisions of this section shall not apply to a licensed business which, on June 26, 1970, was regularly engaged in business as an automobile dealer, salvage dealer or scrap processor.
(1)
As used in this section "inoperable motor vehicle" means any motor vehicle, trailer or semitrailer (as defined within Virginia Code § 46.2-100) which: (i) is not in operating condition (including, without limitation any motor vehicle, trailer or semitrailer which for a period of sixty (60) days or longer, has been partially or totally disassembled by the removal of tires or wheels, the engine, or other essential parts required for operation); (ii) does not display a valid license plate; (iii) does not display a valid inspection decal; or (iv) displays an inspection decal that has been expired for more than sixty (60) days.
(2)
As used in this section, "otherwise shielded or screened from view" shall mean, on property zoned for residential purposes, not visible to the unaided eye from anywhere below the level of the third story of a building outside the boundaries of the lot on which the vehicle is kept; on property zoned for business purposes, "otherwise shielded or screened from view" shall mean not visible to the unaided eye from street or ground level outside the boundaries of the lot on which the vehicle is kept.
(b)
No person shall keep more than one (1) inoperable motor vehicle outside of a fully enclosed building or structure. The one (1) vehicle allowed outside of a fully enclosed building or structure shall still be subject to the requirement of being shielded or screened from view.
(c)
Whenever a violation of this section is determined by the director, the director shall serve notice on the owner of the property whereon the inoperable motor vehicle is located, requiring the owner to remove or cause the removal of such vehicle.
(1)
All notices sent pursuant to this section shall be served to an owner as follows: (i) by hand-delivery to the owner of record, (ii) by regular, first-class mail, to the owner of record at the address listed in the city's real estate tax records, or to any occupant of the property at the address where the violation exists; (iii) to a person who has charge of real estate as an executor, administrator, trustee, guardian or agent, by hand-delivery, or by regular mail to the last known address of such person, or (iv) to a person who is the beneficiary of any easement or right of use of a parcel of real estate, by hand-delivery, or by regular first-class mail to the person's last known address. If the real estate parcel on which the violation exists is undeveloped or vacant, the notice shall also be posted in a conspicuous place on the property.
(2)
Such notice shall require the owner to correct the condition within ten (10) days from the date of delivery or mailing of the notice.
(d)
Should the owner of the premises fail to remove or cause the removal of an inoperable motor vehicle as directed within the director's notice, and if the owner also fails within the ten-day period to request an informal administrative hearing with an official designated by the chief of police for the purpose of challenging the validity of the violation determination or the necessity for removing the vehicle, then the city may take action to remove the inoperable motor vehicle(s). The costs and expenses of such removal by the city shall be assessed and billed to the property owner, and the director shall prepare an affidavit certifying the costs and expenses incurred by the city. In the event the charges billed to the property owner remain unpaid for more than thirty (30) days, such charges shall constitute a lien against such property enforceable as provided by section 5-4 of the City Code.
(e)
After removing an inoperable motor vehicle from property, the city may then dispose of the vehicle after giving an additional ten (10) days' written notice to the owner of the vehicle and, if different, also to the owner of the property from which the vehicle was removed. However, if a timely request for an administrative hearing has been made to challenge the validity of the violation determination, then disposal by the city shall not be made unless and until the matter is resolved in favor of the city.
(7-16-01(1); 2-5-07; 8-17-15(1))
(a)
It shall be unlawful for any person to discard, abandon, leave or allow to remain in any place any icebox, refrigerator or other container, device or equipment of any kind with an interior storage area of more than two (2) cubic feet of clear space which is airtight, without first removing the doors or hinges from such icebox, refrigerator, container, device or equipment.
(b)
This section shall not apply to any icebox, refrigerator, container, device or equipment which is being used for the purpose for which it was originally designed, or is being used for display purposes by any retail or wholesale merchant, or is crated, strapped or locked to such an extent that it is impossible for a child to obtain access to any airtight compartment thereof.
(c)
A violation of this section shall constitute a Class 3 misdemeanor.
(7-16-01(1))
No person shall erect or maintain a fence, wall or other barrier wholly or partially enclosing any lot or premises within the city, where such fence, wall or barrier is made of or includes barbed ends, barbed wire or razor wire, or any similar materials, except that barbed ends of fences, barbed wire or razor wire, and similar materials, may be used on top of any wall or fence wholly or partially enclosing any lot or premises zoned for commercial or industrial use. Where allowed, such materials shall be installed at a height of six (6) feet or more above ground level. The owner of any property on which is located any such materials in violation of this section shall remove such fence within ten (10) days after being sent written notification to do so by the city manager or his designee. Each day that a violation continues after the expiration of such ten-day period shall constitute a separate offense.
(7-16-01(1); 9-15-03(1))
(a)
Any person who has caused to be dug on his own land or the land of another any well or pit shall fill such well or pit with earth so that the same shall not be dangerous to human beings, animals or fowls before such well or such pit is abandoned. Any person owning land whereon any such well or pit is located shall in the same manner fill with earth any such well or pit which has been abandoned, provided such person has knowledge of the existence of such well or pit. In the case of mining operations, in lieu of filling the shaft or pit, the owner or operator thereof, on ceasing operations in such shaft or pit, shall securely fence the same and keep the same at all times thereafter securely fenced.
(b)
Any person violating any provision of this section shall be deemed guilty of a Class 3 misdemeanor.
(7-16-01(1))
(a)
Every person owning or occupying any land on which there is a well having a diameter greater than six (6) inches and which is more than ten (10) feet deep shall at all times keep the same covered in such a manner as not to be dangerous to human beings, animals or fowls. The construction, installation and maintenance of such covers, including the manner in which any concrete used in connection therewith shall be reinforced, shall conform to the provisions of the Virginia Uniform Statewide Building Code.
(b)
Any person violating the provisions of this section shall be guilty of a Class 3 misdemeanor.
(7-16-01(1))
(a)
It shall be the duty of the owner or occupant of any land or premises abutting upon any public street right-of-way, including the sidewalk and between the sidewalk and curb, whether paved or not, and the duty of the owner of any unoccupied land or premises abutting upon any public street right-of-way, including the sidewalk and between the sidewalk and curb, whether paved or not, to have any grass, weeds and other vegetable matter cut and removed, and at all times to prevent such area from becoming unsightly, impeded or offensive by reason of failure to remove any such materials. No grass, weeds or other vegetable matter cut and removed shall be deposited or piled in any gutter, street or stormwater system, but shall be placed in a proper receptacle for collection. The occupant and/or the owner, or if unoccupied, the owner, of land or premises abutting upon a street right-of-way area upon which any grass, weeds or other vegetable matter is found contrary to the provisions of this section shall be prima facie the person responsible. Nothing in this section shall be construed as authorizing any person to cut or remove any city tree or bush without first obtaining a permit from the city.
(b)
Whenever the director, or the official designated by him, has determined by reports, inspections or otherwise, that any condition in violation of this section exists, he shall notify the owner and the occupant to comply with the requirements of this section within such reasonable time as specified in the notice. Such notice shall be in writing and shall be delivered by hand or mailed to the last known address(es) of the owner and the occupant. If, after such notice, the owner and/or occupant fails to abate or obviate the condition(s) in violation of this section, the city may do so and charge and collect the cost thereof from the owner and/or occupant as provided by law for the collection of local taxes.
(c)
The city manager is authorized to promulgate regulations to govern the circumstances under which the owner or occupant of any land or premises may be relieved of the duty imposed by paragraph (a), above, for reasonable cause shown, such as the advanced age, poor health or disability of an owner or occupant, difficult or hazardous topography of a particular street right-of-way area, or other similar circumstances as may be specified within said regulations.
(2-17-04(1), § 1)
(a)
The owner of any building which has been vacant for a continuous period of twelve (12) months or more shall register such building with the city on or before January 1 of each calendar year. Such registration shall be with the department of neighborhood development services on a form prescribed by the director of that department. Every person filing registration forms shall pay an annual registration fee of twenty-five dollars ($25.00) to defray the cost of processing the registration. For the purpose of this section, the term "owner" means the owner of record of the building, or a duly authorized representative or agent of the owner of record.
(b)
Any person who fails to register a vacant building by the January 1 deadline shall be subject to a fifty dollar ($50.00) civil penalty. Any person who fails to register any vacant building that has been designated as blighted pursuant to the provisions of Division 5 of this chapter shall be punished by a civil penalty not exceeding two hundred fifty dollars ($250.00) for each such building that is not registered.
(c)
At least thirty (30) days prior to the assessment of any civil penalty, the director of neighborhood development services or his designee shall mail to the owner, at the address to which property tax notices are sent, notice of the failure to comply with the registration requirements of this section. Upon re-occupancy the owner shall promptly notify the department of neighborhood development services.
(7-16-01(1), § 2)
(a)
On real estate with an assessed value of twenty thousand dollars ($20,000.00) or less located within the city, where:
(1)
Any taxes on such real estate are delinquent on December 31 following the third anniversary of the date on which such taxes have become due, and
a.
The land or structure on it has been declared a nuisance by the local building official due to unresolved code violations, and
b.
The owner of record of the property has failed to abate the nuisance after proper notice has been given by code enforcement officials, and
c.
The locality has taken steps to abate the nuisance condition and has placed a lien on the property for the cost off such abatement, and the lien has remained unpaid; or
(2)
Any taxes on such real estate are delinquent on December 31 following the seventh anniversary of the date on which such taxes have become due;
then the property shall be deemed abandoned and subject to sale by public auction, through institution by the city's treasurer of judicial proceedings in accordance with the provisions of Virginia Code § 58.1-3965.
(b)
With respect to any parcel of real estate located within the city which meets all of the following criteria:
(1)
The parcel has delinquent real estate taxes or the locality has a lien against the parcel for: removal, repair or securing of a building or structure; removal of trash, garbage, refuse, or litter; or the cutting of grass, weeds or other foreign growth;
(2)
Such taxes and liens, together, including penalty and accumulated interest, exceed fifty (50) percent of the assessed value of the parcel; and
(3)
The parcel has an assessed value of twenty thousand dollars ($20,000.00) or less;
the city may petition the circuit court to appoint a special commissioner to execute the necessary deed(s) to convey such parcel of real estate to the city in lieu of a sale at public auction. All such judicial proceedings initiated by the city shall be brought in accordance with the provisions of Virginia Code § 58.1-3970.1.
(7-16-01(1), § 2)
(a)
Definitions. The following words, when used in this section shall have the meanings ascribed to them below:
(1)
"Owner" shall mean and include: the owner of record of the freehold of the premises, or of a lesser estate therein; a mortgagee or vendee in possession of the premises; an assignee of rents; a receiver, executor, or trustee; and a lessee in control of a building or structure.
(2)
"USBC" shall mean the Uniform Statewide Building Code as adopted and promulgated by the Virginia Board of Housing and Community Development, and any amendments thereto and regulations adopted and promulgated by such board from time to time.
(3)
"Unsafe structure" shall mean an existing building, wall or other structure which fails to comply with the USBC through damage, deterioration, infestation, improper maintenance, or for other reasons, and which thereby has become unsafe, unsanitary or deficient in adequate exit facilities; or an existing building, wall or other structure which is otherwise dangerous to human life, health or safety, or the public welfare.
(b)
All structures which fall within the definition of an unsafe building, wall or other structure, as defined in section (a)(3), above, are hereby declared to be public nuisances and unfit for human habitation. A property owner shall remove, repair or secure any unsafe structure located on his property, as follows:
(1)
by repairing and making the unsafe structure safe, through compliance with the USBC, or such other means or methods as will abate the conditions that present a danger to human life, health or safety, or the public welfare;
(2)
by vacating the unsafe structure and securing it against public entry, or
(3)
by taking down and removing the unsafe structure.
(c)
Whenever it shall come to the attention of the city's building maintenance official that any building, wall or structure likely constitutes an unsafe structure, the building maintenance official shall inspect or cause an inspection to be made thereof and shall determine whether the building, wall or other structure is in fact unsafe. The building maintenance official shall prepare a report, to be filed in the records of the city's department of neighborhood development services. A copy of such report shall be issued to the property owner. The report shall include the use of the structure, a description of conditions found and the nature and extent of the conditions.
(d)
If a building, wall or other structure is determined by the building maintenance official to be an unsafe structure, the building maintenance official shall issue a notice of unsafe structure to the owner of the unsafe building, wall or structure, as well as to any lienholder whose interest is of record in the land records of the Charlottesville Circuit Court. The notice shall give the owner and lienholder of record thirty (30) days in which to make the necessary repairs. Whenever possible, notice of an unsafe structure should also be given to the tenants, if any, of the unsafe building. The notice of unsafe structure shall be given as follows:
(1)
To an individual who can be found within the city, by hand-delivering a copy of the notice to such person. Where hand-delivery is utilized the code official shall prepare an affidavit certifying the hand-delivery. If the person named in the notice cannot be found after a diligent search, then notice shall be sent by certified mail, return receipt requested, to the last known address of such person and a copy of the notice shall also be posted in a conspicuous place on the premises; this latter procedure shall be deemed the equivalent of personal notice.
(2)
To an individual under the age of eighteen (18) years ("infant"), or who is otherwise legally incompetent, then notice shall be provided by hand-delivering a copy thereof to such person's parent, guardian or committee. If such parent, guardian or committee cannot be found after a diligent search, the notice shall be sent by certified mail, return receipt requested, to the last known address of such parent, guardian or committee and a copy of the notice shall also be posted in a conspicuous place on the premises. If there be no guardian or committee, notice shall be given by delivering a copy thereof to any person found at the infant's or incompetent's usual place of abode who is a member of his or her family and who is sixteen (16) years of age or older. If such infant or incompetent resides at a residential or other treatment facility, adult care facility or nursing home, notice shall be given by delivering a copy to the officer or official who is in charge of such facility. If a family member or an officer or official cannot be located after reasonable efforts to do so, then a copy of the notice shall be posted at the front door of the infant's or incompetent's usual abode and a copy of the notice shall also be posted in a conspicuous place on the unsafe premises. Compliance with the procedure(s) set forth in this paragraph shall be deemed the equivalent of personal notice.
(3)
To a corporation, bank, trust company, or other corporate or business entity, then notice shall be provided by hand-delivering a copy thereof to its president or other officer, director, manager, managing partner or agent thereof who is located in the city; or, if an individual cannot be found at the regular office or place of business in the city, by hand-delivering a copy to any employee thereof found at such office or place of business; or, if no such employee is found at such office or place of business, by leaving a copy of the notice posted at the front door of such office or place of business and sending a copy thereof by certified mail, return receipt requested, to the last known address of the corporate or business entity. A copy of the notice shall also be posted in a conspicuous place on the unsafe premises. Compliance with the procedure(s) set forth in this paragraph shall be deemed the equivalent of personal notice.
(4)
To a person whose identity is unknown or who has no place of abode, office or place of business in the city, and if, after reasonable efforts, the city cannot locate a last known address for such person, notice shall be given by publishing a copy of the notice in a newspaper of general circulation in the city, once per week, for two (2) successive weeks, in a newspaper having general circulation within the city.
(e)
If the owner and lienholder after notice and a reasonable opportunity to act has failed to remove, repair or secure the unsafe structure, then the city may remove, repair or secure the unsafe structure. Where certified mail or notice of publication is utilized, no action shall be taken by the city to remove, repair or secure any unsafe structure for at least thirty (30) days following the later of the return of a certified mailing receipt or newspaper publication.
(f)
When in the opinion of the building maintenance official there is immediate danger of collapse or failure of an unsafe structure, or any part thereof, which would endanger life, or when a violation of the USBC results in a hazard that creates an immediate, serious and imminent threat to the life and safety of the occupants thereof, then in addition to any other action authorized by the USBC (including, without limitation, issuance of an order requiring occupants to vacate the premises), the building maintenance official is hereby vested with the authority:
(1)
To take immediate action to secure the unsafe structure, and to make emergency repairs, to the extent reasonably necessary to make such unsafe structure, or part thereof, temporarily safe. Emergency repairs may include maintenance to the exterior of a building to prevent deterioration of the building or of adjacent buildings. If the unsafe structure, or a portion thereof, presents an imminent and immediate threat to life or property, then the corrective action authorized by this section may include the razing or removal of such structure, or a portion thereof. Notice of the emergency action(s) taken shall be given to the owner, in the same manner as provided in section 5-163(d) above, except that the thirty-day advance notice period shall not be applicable where emergency corrective action, securing of the unsafe structure or emergency repairs are necessary; and/or
(2)
To placard the unsafe structure as being unfit or unsafe for human occupancy or use. The placard shall be posted at all normal means of egress to the structure, building or facility. As soon as possible after placarding, the building maintenance official shall mail or deliver a notice to the owner(s) or occupant(s) of the unsafe structure, informing such person(s) of the reason for placarding and the penalty for occupancy or use while placarded. Notice shall be given in the same manner as provided in section 5-163(d) above. Once an unsafe structure is placarded, the occupancy or use is thereby prohibited. Occupancy or use of a placarded structure shall constitute a misdemeanor punishable as provided by section 5-1 of this chapter. Once an unsafe structure is placarded, no occupancy or use shall recommence until the building maintenance official approves such in writing. Removal of a placard without permission of the building maintenance official shall constitute a misdemeanor punishable as provided by section 5-1 of this chapter.
(g)
In the event the city removes, repairs, or secures any unsafe structure, then all of the costs or expenses incurred by the city shall be assessed and billed to and paid by the owner of the property, and the building maintenance official shall prepare an affidavit certifying the costs and expenses incurred by the city. If the charges billed to the property owner remain unpaid for more than thirty (30) days, such charges shall constitute a lien against such property enforceable in the same manner as provided by section 5-4 of the City Code.
(7-16-01(1), § 2; 3-1-04(1); 11-15-04(1), § 1)
(a)
For the purpose of this division, the following terms shall have the meanings ascribed below:
(1)
Affidavit means the sworn legal document prepared by the city in accordance with section 5-172, below.
(2)
Bawdy place means any real property which is used or is to be used for lewdness, assignation or prostitution.
(3)
Corrective action means the taking of steps which are reasonably expected to be effective to abate a bawdy place on real property, such as removal, repair or securing of any building, wall or other structure.
(4)
Director means the director of neighborhood development services, or his designee.
(5)
Owner means the owner of record of real property.
(6)
Person means any individual, firm, owner, sole proprietorship, partnership, corporation, unincorporated association, governmental body, municipal corporation, executor, administrator, trustee, guardian, agent, occupant or other legal entity.
(7)
Present threat to the public's health, safety or welfare shall mean, for the purposes of this division, the regular presence on property of persons who engage in aid or give any information or direction to any person with the intent to enable such person to commit any act or acts of lewdness, assignation or prostitution.
(8)
Property means real property.
(7-16-01(1), § 2)
In addition to any other enforcement procedures or remedies which may be available the director is authorized to undertake corrective action with respect to a bawdy place on property located within the city, in accordance with the following procedures:
(1)
The director shall execute an affidavit, in a form approved by the city attorney, citing this division as well as section 15.2-908.1 of the Code of Virginia (1950), as amended, and affirming that: a bawdy place exists on certain property in the manner described therein; that the city has used due diligence, without effect, to abate the bawdy place; and that the bawdy place constitutes a present threat to the public's health, safety or welfare. The director shall request the city attorney's assistance in verifying the last known owner(s) of record of the property and any lienholder(s) of record.
(2)
The director shall, in writing, notify the last known owner of the property, by regular mail sent to the owner's last known address as it appears in the city's assessment records for the property. The notice shall advise the owner that he or she has thirty (30) days from the date of the notice to undertake corrective action to abate the bawdy place described in the affidavit and that, if requested to do so, the city will assist the owner in determining and coordinating the appropriate corrective action to abate the bawdy place described in the affidavit. A copy of the director's affidavit shall be attached to the notice required by this section. The director shall prepare an affidavit of mailing, certifying that the notice was mailed as required by this section. The affidavit of mailing shall be sufficient evidence of the required mailing.
(7-16-01(1), § 2)
(a)
If no corrective action is undertaken by the owner within thirty (30) days from the city's notice, the director shall send by regular mail an additional notice ("final notice") to the owner, and the director shall also mail a copy of the final notice to any lienholder(s) of record by regular mail. The director shall prepare an affidavit certifying that mailing of the final notice has been made. The final notice shall state that not less than fifteen (15) days from the mailing of the notice the city will commence to abate the bawdy place, taking any corrective action the city deems appropriate, including, without limitation, removal of the building or other structure so as to abate the bawdy place on the property. The property owner shall have the right, upon reasonable notice to the city, to seek equitable relief, and the city shall initiate no corrective action while a proper petition is pending before a court of competent jurisdiction.
(b)
In the event the director determines that a removal of a building or structure is necessary to abate the bawdy place on the property, the final notice shall give the owner and any lienholder of record at least thirty (30) days in which to abate the bawdy place. The final notice shall be given to the owner and any lienholder(s) of record, as follows:
(1)
To an individual who can be found within the city, by hand-delivering a copy of the notice to such person. Where hand-delivery is utilized the director shall prepare an affidavit certifying the hand-delivery. If the person named in the notice cannot be found after a diligent search, then notice shall be sent by certified mail to the last known address of such person and a copy of the notice shall also be posted in a conspicuous place on the premises; this latter procedure shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.
(2)
To an individual under the age of eighteen (18) years ("infant"), or who is otherwise legally incompetent, then notice shall be provided by hand-delivering a copy thereof to such person's parent, guardian or committee. If such parent, guardian or committee cannot be found after a diligent search, the notice shall be sent by certified mail to the last known address of such parent, guardian or committee and a copy of the notice shall also be posted in a conspicuous place on the premises. If there be no guardian or committee, notice shall be given by delivering a copy thereof to any person found at the infant's or incompetent's usual place of abode who is a member of his or her family and who is sixteen (16) years of age or older. If such infant or incompetent resides at a residential or other treatment facility, adult care facility or nursing home, notice shall be given by delivering a copy to the officer or official who is in charge of such facility. If a family member or an officer or official cannot be located after reasonable efforts to do so, then a copy of the notice shall be posted at the front door of the infant's or incompetent's usual abode and a copy of the notice shall also be posted in a conspicuous place on the unsafe premises. Compliance with the procedure(s) set forth in this paragraph shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.
(3)
To a corporation, bank, trust company, or other corporate or business entity, the notice shall be provided by hand-delivering a copy thereof to its president or other officer, director, manager, managing partner or agent thereof who is located in the city; or, if an individual cannot be found at the regular office or place of business in the city, by hand-delivering a copy to any employee thereof found at such office or place of business; or, if no such employee is found at such office or place of business, by leaving a copy of the notice posted at the front door of such office or place of business and sent by certified mail, return receipt requested to the last known address of the corporate or business entity. A copy of the notice shall also be posted in a conspicuous place on the unsafe premises. Compliance with the procedure(s) set forth in this paragraph shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.
(4)
To a person whose identity is unknown or who has no place of abode, office or place of business in the city, and if, after reasonable efforts, the city cannot locate a last known address for such person, notice shall be given by publishing a copy of the notice in a newspaper of general circulation in the city, once per week, for two (2) successive weeks.
(5)
Where the final notice is sent by certified mail, or notice of publication is utilized, no action shall be taken by the city to remove any building or structure for at least thirty (30) days following the later of the return of a certified mailing receipt or newspaper publication.
(7-16-01(1), § 2)
If the city undertakes corrective action to abate a bawdy place the costs and expenses thereof shall be assessed and billed to the property owner, and the director shall prepare an affidavit certifying the costs and expenses incurred by the city. In the event the charges billed to the property owner remain unpaid for more than thirty (30) days, such charges shall constitute a lien against such property and shall be enforceable as provided by section 5-4 of this chapter.
(7-16-01(1), § 2)
If a property owner takes timely corrective action, the city shall deem the bawdy place abated and shall close the proceeding without any charge or costs to the owner and shall promptly provide written notice to the owner that the proceeding has been terminated satisfactorily. The closing of a proceeding shall not bar the city from initiating a subsequent proceeding if the bawdy place recurs.
(7-16-01(1), § 2)
For the purpose of this division, the following terms shall have the meanings ascribed below:
(a)
Affidavit means the sworn legal document prepared by the city in accordance with section 5-182, below.
(b)
Chief of police means the chief of police of the Charlottesville Police Department, and his designee(s).
(c)
Controlled substance shall refer to substances referenced within section 54.1-3401 of the Code of Virginia (1950), as amended, and for the purposes of this division the term shall also include marijuana.
(d)
Corrective action means the taking of steps which are reasonably expected to be effective to abate a drug blight on real property, such as removal, repair or securing of any building, wall or other structure.
(e)
Director means the director of neighborhood development services, and his designee(s).
(f)
Drug blight means a condition existing on real property which tends to endanger the public health or safety of residents of the city and is caused by the regular presence on the property of persons under the influence of illegal controlled substances or by the regular use of the property for the purpose of illegally possessing, manufacturing or distributing controlled substances on or nearby the property.
(g)
Owner means the record owner of real property, as indicated by the land records of the Charlottesville Circuit Court.
(h)
Person means any individual, firm, owner, sole proprietorship, partnership, corporation, unincorporated association, governmental body, municipal corporation, executor, administrator, trustee, guardian, agent, occupant or other legal entity.
(i)
Property means real property.
(7-16-01(1), § 2)
In addition to any other enforcement procedures or remedies which may be available to the city, the director is hereby authorized to undertake corrective action with respect to a drug blight on property located within the city, in accordance with the following procedures:
(a)
The city's chief of police may, from time to time, report to the director information concerning criminal activity related to controlled substances involving any property located in the city. Such information shall include details demonstrating that such property contains a drug blight. The information shall include a description of action(s) the chief of police has taken to abate the criminal activity referenced in the report.
(b)
Upon receipt of information referred to in paragraph (a), above, the director shall execute an affidavit, in a form approved by the city attorney, citing this division as well as section 15.2-907 of the Code of Virginia (1950), as amended, and affirming that: a drug blight exists in the manner described therein; that the city has used due diligence, without effect, to abate the drug blight; and that the drug blight constitutes a present threat to the public's health, safety or welfare. The director shall request the city attorney's assistance in verifying the last known owner(s) of record of the property and any lienholder(s) of record.
(c)
The director shall notify the property owner in writing of the determination of drug blight, and the director's written notice shall be mailed to the owner by regular mail sent to the last known address as it appears in the assessment records of the city. The notice shall advise the owner that the owner has thirty (30) days from the date of the notice to undertake corrective action to abate the drug blight described in the affidavit and that the city will assist the owner in determining the appropriate corrective action necessary to abate the drug blight. A copy of the director's affidavit affirming the presence of drug blight on the property shall be attached to the property owner's notice. The director shall prepare an affidavit certifying that the notice required by this section has been mailed.
(7-16-01(1), § 2)
(a)
If no corrective action is undertaken by the owner within thirty (30) days from the director's notice, the director shall send by regular mail an additional notice ("final notice")to the owner, at the address stated in the assessment records of the city and shall also send a copy of the final notice to any lienholder(s) of record by regular mail. The director shall prepare an affidavit certifying that mailing of the final notice has been made. The final notice shall state that not less than fifteen (15) days from the mailing thereof the city will commence to abate the drug blight, taking any corrective action the city deems appropriate, including, without limitation, removal of the building or other structure so as to abate the drug blight on the property. The property owner shall have the right, upon reasonable notice to the city, to seek equitable relief, and the city shall initiate no corrective action while a proper petition is pending before a court of competent jurisdiction.
(b)
In the event the director determines that a removal of a building or structure is necessary to abate the drug blight on the property, the final notice shall give the owner and any lienholder of record at least thirty (30) days in which to abate the drug blight. The final notice shall be given to the owner and any lienholder(s) of record, as follows:
(1)
To an individual who can be found within the city, by hand-delivering a copy of the notice to such person. Where hand-delivery is utilized the director shall prepare an affidavit certifying the hand-delivery. If the person named in the notice cannot be found after a diligent search, then notice shall be sent by certified mail, return receipt requested, to the last known address of such person and a copy of the notice shall also be posted in a conspicuous place on the premises; this latter procedure shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.
(2)
To an individual under the age of eighteen (18) years ("infant"), or who is otherwise legally incompetent, then notice shall be provided by hand-delivering a copy thereof to such person's parent, guardian or committee. If such parent, guardian or committee cannot be found after a diligent search, the notice shall be sent by certified mail to the last known address of such parent, guardian or committee and a copy of the notice shall also be posted in a conspicuous place on the premises. If there be no guardian or committee, notice shall be given by delivering a copy thereof to any person found at the infant's or incompetent's usual place of abode who is a member of his or her family and who is sixteen (16) years of age or older. If such infant or incompetent resides at a residential or other treatment facility, adult care facility or nursing home, notice shall be given by delivering a copy to the officer or official who is in charge of such facility. If a family member or an officer or official cannot be located after reasonable efforts to do so, then a copy of the notice shall be posted at the front door of the infant's or incompetent's usual abode and a copy of the notice shall also be posted in a conspicuous place on the unsafe premises. Compliance with the procedure(s) set forth in this paragraph shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.
(3)
To a corporation, bank, trust company, or other corporate or business entity, then notice shall be provided by hand-delivering a copy thereof to its president or other officer, director, manager, managing partner or agent thereof who is located in the city; or, if an individual cannot be found at the regular office or place of business in the city, by hand-delivering a copy to any employee thereof found at such office or place of business; or, if no such employee is found at such office or place of business, by leaving a copy of the notice posted at the front door of such office or place of business and sent by certified mail, return receipt requested, to the last known address of the corporate or business entity. A copy of the notice shall also be posted in a conspicuous place on the unsafe premises. Compliance with the procedure(s) set forth in this paragraph shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.
(4)
To a person whose identity is unknown or who has no place of abode, office or place of business in the city, and if, after reasonable efforts, the city cannot locate a last known address for such person, notice shall be given by publishing a copy of the notice in a newspaper of general circulation in the city, once per week, for two (2) successive weeks, in a newspaper having general circulation within the city. A certificate of publication provided by the newspaper shall be sufficient evidence of the required publication.
(5)
Where the final notice is sent by certified mail, or notice of publication is utilized, no action shall be taken by the city to remove any building or structure for at least thirty (30) days following the later of the return of a certified mailing receipt or newspaper publication.
(7-16-01(1), § 2)
If the city undertakes corrective action to abate a drug blight the costs and expenses thereof shall be billed to and paid by the owner of the property. The director shall prepare an affidavit certifying the costs and expenses incurred by the city. Every charge authorized by this section which remains unpaid for thirty (30) days shall constitute a lien against such property and enforceable in the same manner as provided by section 5-4 of this chapter.
(7-16-01(1), § 2)
If a property owner takes timely and effective corrective action pursuant to this division to abate the drug blight, the city shall close the proceeding without any charge or costs to the owner and shall promptly provide written notice to the owner that the proceeding has been terminated satisfactorily. The closing of a proceeding shall not bar the city from initiating a subsequent proceeding if the drug blight recurs.
(7-16-01(1), § 2)
The purpose of this division is to set forth the powers of the city and procedures for the acquisition or repair of blighted property, as defined herein, which are located within the city.
(7-16-01(1), § 2)
For the purposes of this division the following terms shall have the meanings ascribed below:
(a)
Blighted property shall mean and refer to any property with buildings or improvements which, by reason of dilapidation, overcrowding, lack of ventilation, light and sanitary facilities, deleterious land use, or any combination of these or other factors, are detrimental to the safety, health, or welfare of the community.
(b)
Director shall mean and refer to the director of neighborhood development services and his designee(s).
(7-16-01(1), § 2)
The director shall make a preliminary determination that a property is a blighted property. Upon making such a preliminary determination, the director shall notify the owner of the blighted property, specifying in writing the reasons why the property is considered blighted. A property owner shall have thirty (30) days from the director's written notice of the preliminary determination to respond with a plan to cure the blight within a reasonable time. If the owner fails to respond within the thirty-day period with a plan that is acceptable to the director, then the director may request the planning commission to conduct a public hearing and make findings and recommendations concerning the repair or other disposition of the property in question.
(7-16-01(1), § 2)
(a)
In the event a public hearing is scheduled by the planning commission:
(1)
The director shall prepare a plan for the repair or other disposition of the subject property. The director's plan shall include any aspect(s) of a plan submitted by the property owner which the director deems to be reasonable.
(2)
Notice of the public hearing, including the director's plan for the intended repair or other disposition of the property, and including the time and place of the hearing at which persons affected may appear and present their views, shall be given by the planning commission as follows:
(i)
By regular and also by certified mail, to the following: (i) the owner of the blighted property, or the agent designated by the owner for receipt of service of notices concerning the payment of real estate taxes within the city;(ii) the abutting property owners in each direction, including those property owners immediately across the street or road from the property; and (iii) the representative neighborhood association, if any, for the immediate area, and
(ii)
By publication, at least twice, with not less than six (6) days elapsing between the first and second publications, in a newspaper published or having general circulation in the city, and
(iii)
By posting on the property itself.
(b)
The public hearing shall take place not less than six (6) days nor more than twenty-one (21) days after the second newspaper publication.
(7-16-01(1), § 2)
(a)
Following a public hearing, the planning commission shall make specific findings as to whether:
(1)
The property is a blighted property, as defined within City Code section 5-192;
(2)
The owner has failed to cure the blight or to present a reasonable plan to do so;
(3)
The property is occupied for personal residential purposes,
(4)
The property has been condemned for human habitation for more than one (1) year;
(5)
The director's plan for the repair or other disposition of the property is reasonable and in accordance with the city's adopted comprehensive plan, zoning ordinances, and other applicable land use regulations;
(6)
The property is located within an area listed on the National Register of Historic Places. In the event of such a determination, then the planning commission shall consult with the board of architectural review regarding the director's proposed plan for repair or other disposition of the property.
(b)
The planning commission shall report its findings and recommendations concerning the repair or other disposition of the blighted property to the city council.
(7-16-01(1), § 2)
Upon receipt of findings and recommendations from the planning commission, the city council may, after an advertised public hearing, affirm, modify or reject the planning commission's findings and recommendations. If the repair or other disposition of the property is approved, the city may carry out the approved plan in accordance with the approved plan and applicable law.
(7-16-01(1), § 2)
The city shall have a lien on all property repaired or acquired under an approved plan, to cover the cost of improvements made by the city to bring the blighted property into compliance with applicable building codes and the cost of disposal, if any. The director shall prepare an affidavit certifying the amount of such costs. The lien shall be filed in the circuit court and shall be subordinate to any prior liens of record. The city may recover its costs of repair from the owner of record of the property when the repairs were made, at such time as the property is sold or disposed of by such owner. If the property is acquired by the city through eminent domain, the cost of repair may be recovered when the city council sells or disposes of the property. In either case, the costs of repair shall be recovered from the proceeds of any sale of the property.
(7-16-01(1), § 2)
(a)
In lieu of the acquisition of a blighted property by the exercise of the city's powers of eminent domain, and in lieu of the exercise of other powers listed in this division, the city council may, by ordinance, make findings that a property constitutes a blighted property, as defined within City Code section 5-192, declare such blighted property a nuisance and thereupon abate the nuisance.
(b)
Such ordinance shall be adopted only after written notice by certified mail to the owner(s) of the property, at the last known address of such owner(s) as shown on the current real estate tax assessment books or current real estate tax assessment records. The notice shall advise the property owner that if corrective action is not taken by the property owner of the date(s) on which the ordinance will be considered by council, and a copy of the proposed ordinance shall be attached to the notice. A copy of such notice and proposed ordinance shall also be sent by certified mail to any lienholder(s) of record. Copies of certified mail receipt(s) shall be sufficient evidence of mailing.
(c)
The abatement process shall be as follows:
(1)
If the property owner fails to abate the blight prior to the date on which an ordinance is adopted by council, the director shall give a final notice to the owner and shall also send a copy of the final notice to any lienholder(s) of record. A copy of the ordinance adopted by council shall be attached to the final notice. The final notice shall state that, no fewer than fifteen (15) days from the mailing thereof, the city will commence to abate the blight, taking any corrective action the city deems appropriate, including, without limitation, removal of the building or other structure so as to abate the blight on the property. In the event the director determines that a removal of a building or structure is necessary to abate the blight on the property, the final notice shall give the owner and any lienholder of record at least thirty (30) days in which to abate the blight. The property owner shall have the right, upon reasonable notice to the city, to seek equitable relief, and the city shall initiate no corrective action while a proper petition is pending before a court of competent jurisdiction.
(d)
The final notice shall be given to the owner and any lienholder(s) of record, as follows:
(1)
To an individual who can be found within the city, by hand-delivering a copy of the notice to such person. Where hand-delivery is utilized the director shall prepare an affidavit certifying the hand-delivery. If the person named in the notice cannot be found after a diligent search, then notice shall be sent by certified mail, return receipt requested, to the last known address of such person and a copy of the notice shall also be posted in a conspicuous place on the premises; this latter procedure shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.
(2)
To an individual under the age of eighteen (18) years ("infant"), or who is otherwise legally incompetent, then notice shall be provided by hand-delivering a copy thereof to such person's parent, guardian or committee. If such parent, guardian or committee cannot be found after a diligent search, the notice shall be sent by certified mail, return receipt requested, to the last known address of such parent, guardian or committee and a copy of the notice shall also be posted in a conspicuous place on the premises. If there be no guardian or committee, notice shall be given by delivering a copy thereof to any person found at the infant's or incompetent's usual place of abode who is a member of his or her family and who is sixteen (16) years of age or older. If such infant or incompetent resides at a residential or other treatment facility, adult care facility or nursing home, notice shall be given by delivering a copy to the officer or official who is in charge of such facility. If a family member or an officer or official cannot be located after reasonable efforts to do so, then a copy of the notice shall be posted at the front door of the infant's or incompetent's usual abode and a copy of the notice shall also be posted in a conspicuous place on the unsafe premises. Compliance with the procedure(s) set forth in this paragraph shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.
(3)
To a corporation, bank, trust company, or other corporate or business entity, then notice shall be provided by hand-delivering a copy thereof to its president or other officer, director, manager, managing partner or agent thereof who is located in the city; or, if an individual cannot be found at the regular office or place of business in the city, by hand-delivering a copy to any employee thereof found at such office or place of business; or, if no such employee is found at such office or place of business, by leaving a copy of the notice posted at the front door of such office or place of business and sent by certified mail, return receipt requested, to the last known address of the corporate or business entity. A copy of the notice shall also be posted in a conspicuous place on the unsafe premises. Compliance with the procedure(s) set forth in this paragraph shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.
(4)
To a person whose identity is unknown or who has no place of abode, office or place of business in the city, and if, after reasonable efforts, the city cannot locate a last known address for such person, notice shall be given by publishing a copy of the notice in a newspaper of general circulation in the city, once per week, for two (2) successive weeks, in a newspaper having general circulation within the city. A certificate of publication provided by the newspaper shall be sufficient evidence of the required publication.
(5)
Where the final notice is sent by certified mail, or notice of publication is utilized, no action shall be taken by the city to remove any building or structure for at least thirty (30) days following the later of the return of a certified mailing receipt or newspaper publication.
(7-16-01(1), § 2)
Any person who violates any provision of this chapter shall be guilty of a Class 1 misdemeanor.
(Code 1976, § 5.1-9.1)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
No person shall operate or participate in the operation of a cable communications system within the city without first obtaining a franchise issued by the council. A cable communications system, for the purposes of this section, shall not include a system that serves only subscribers in one (1) or more multiple-unit dwellings under common ownership, control or management which does not use city rights-of-way.
(Code 1976, § 5.1-1)
(a)
No person who owns or controls any residential multiple-unit dwelling, trailer park, condominium or apartment complex, or subdivision shall interfere with the right of any tenant or lawful resident thereof to receive service from a cable television system lawfully operating within the city, or demand or accept payment of any fee, charge or thing of value from such a cable system or any tenant or resident in exchange for giving such tenant or resident access to service from such a cable system, or discriminate in any way against such tenant or resident who requests or receives cable service. It is determined that assuring such access constitutes a public use.
(b)
However, an owner of such property may receive just and reasonable compensation for such access. Such compensation shall be based upon evidence of: the diminution of investment-backed expectations; the impairment of the premises' usefulness; the amount of space occupied by the facilities of the system; the prior use, if any, of the space; the continued physical availability of space on the premises for installation of alternative modes of television program reception or delivery; the difference in fair market value of the premises resulting from the installation of system facilities; and other reasonable, nonspeculative factors. Compensation shall not include the holdup value resulting from a landlord's monopoly control of such access.
(Code 1976, § 5.1-2.1)
Nothing in this chapter shall prohibit a property owner from requiring that cable communications system facilities conform to laws and regulations and reasonable conditions necessary to protect safety, functioning, appearance and value of premises or the convenience and safety of persons and property.
(Code 1976, § 5.1-6)
Nothing in this chapter shall prohibit a person from requiring a cable communications system to agree to indemnify the owner of property or his agents or representatives from liability for damages caused by the installation, operation, maintenance or removal of cable communications facilities.
(Code 1976, § 5.1-7)
(a)
No person shall intercept, descramble, decode or receive or assist in intercepting, descrambling, decoding or receiving any signals from a lawfully franchised cable communications system unless specifically authorized to do so by the operator of the system. Assisting in intercepting, descrambling, decoding or receiving shall include the manufacture or distribution of equipment intended by the manufacturer or distributor for unauthorized reception of signals over a cable communications system.
(b)
No person shall tamper with, remove or injure any cable, wires or other devices used with a lawfully franchised cable communications system unless specifically authorized to do so by the system operator.
(c)
No person shall intentionally deprive a cable communications system of a lawful charge for cable service.
(d)
No person shall resell a company's cable services without the company's express, written consent.
(e)
If an unauthorized device designed to intercept, descramble or decode a cable television signal is present on the premises or property occupied and used by a person, it shall be rebuttably presumed that the person knowingly used the device to intercept, descramble or decode cable signals. If an unauthorized cable connection is present on the premises or property occupied and used by a person, it shall be rebuttably presumed that the person knowingly used the connection to intercept, descramble or decode cable signals.
(f)
This section shall not be deemed to impair any rights or remedies at law or in equity available to a cable system operator.
(Code 1976, § 5.1-8.1)
State Law reference— Obtaining cable television service by fraud, Code of Virginia, § 18.2-187.1.
(a)
The city shall not prohibit or limit any program or class or type of program or otherwise censor the communications or signals by a cable operator or other parties over a cable communications system, other than programs on the designated government access channel or channels, and shall not promulgate any regulation or condition which would interfere with the right of free speech by means of cable television.
(b)
No franchised cable communications company shall prohibit or limit any program or class or type of program presented over any channel made available for public access, educational access, government access or leased access purposes.
(Code 1976, § 5.1-9)
Any person who violates any provision of this chapter shall be guilty of a Class 1 misdemeanor.
(Code 1976, § 5.1-9.1)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
No person shall operate or participate in the operation of a cable communications system within the city without first obtaining a franchise issued by the council. A cable communications system, for the purposes of this section, shall not include a system that serves only subscribers in one (1) or more multiple-unit dwellings under common ownership, control or management which does not use city rights-of-way.
(Code 1976, § 5.1-1)
(a)
No person who owns or controls any residential multiple-unit dwelling, trailer park, condominium or apartment complex, or subdivision shall interfere with the right of any tenant or lawful resident thereof to receive service from a cable television system lawfully operating within the city, or demand or accept payment of any fee, charge or thing of value from such a cable system or any tenant or resident in exchange for giving such tenant or resident access to service from such a cable system, or discriminate in any way against such tenant or resident who requests or receives cable service. It is determined that assuring such access constitutes a public use.
(b)
However, an owner of such property may receive just and reasonable compensation for such access. Such compensation shall be based upon evidence of: the diminution of investment-backed expectations; the impairment of the premises' usefulness; the amount of space occupied by the facilities of the system; the prior use, if any, of the space; the continued physical availability of space on the premises for installation of alternative modes of television program reception or delivery; the difference in fair market value of the premises resulting from the installation of system facilities; and other reasonable, nonspeculative factors. Compensation shall not include the holdup value resulting from a landlord's monopoly control of such access.
(Code 1976, § 5.1-2.1)
Nothing in this chapter shall prohibit a property owner from requiring that cable communications system facilities conform to laws and regulations and reasonable conditions necessary to protect safety, functioning, appearance and value of premises or the convenience and safety of persons and property.
(Code 1976, § 5.1-6)
Nothing in this chapter shall prohibit a person from requiring a cable communications system to agree to indemnify the owner of property or his agents or representatives from liability for damages caused by the installation, operation, maintenance or removal of cable communications facilities.
(Code 1976, § 5.1-7)
(a)
No person shall intercept, descramble, decode or receive or assist in intercepting, descrambling, decoding or receiving any signals from a lawfully franchised cable communications system unless specifically authorized to do so by the operator of the system. Assisting in intercepting, descrambling, decoding or receiving shall include the manufacture or distribution of equipment intended by the manufacturer or distributor for unauthorized reception of signals over a cable communications system.
(b)
No person shall tamper with, remove or injure any cable, wires or other devices used with a lawfully franchised cable communications system unless specifically authorized to do so by the system operator.
(c)
No person shall intentionally deprive a cable communications system of a lawful charge for cable service.
(d)
No person shall resell a company's cable services without the company's express, written consent.
(e)
If an unauthorized device designed to intercept, descramble or decode a cable television signal is present on the premises or property occupied and used by a person, it shall be rebuttably presumed that the person knowingly used the device to intercept, descramble or decode cable signals. If an unauthorized cable connection is present on the premises or property occupied and used by a person, it shall be rebuttably presumed that the person knowingly used the connection to intercept, descramble or decode cable signals.
(f)
This section shall not be deemed to impair any rights or remedies at law or in equity available to a cable system operator.
(Code 1976, § 5.1-8.1)
State Law reference— Obtaining cable television service by fraud, Code of Virginia, § 18.2-187.1.
(a)
The city shall not prohibit or limit any program or class or type of program or otherwise censor the communications or signals by a cable operator or other parties over a cable communications system, other than programs on the designated government access channel or channels, and shall not promulgate any regulation or condition which would interfere with the right of free speech by means of cable television.
(b)
No franchised cable communications company shall prohibit or limit any program or class or type of program presented over any channel made available for public access, educational access, government access or leased access purposes.
(Code 1976, § 5.1-9)
(a)
The director of parks and recreation shall sell the spaces as shown on city cemetery maps prepared and dated prior to January 1, 1939, which are on file in the office of the city engineer and recorded in the office of the clerk of the circuit court, at such prices as may be fixed from time to time by the council.
(b)
The city engineer shall prepare three (3) maps of each cemetery and in addition thereto that may be plotted or established after January 1, 1939, to enable the director of parks and recreation to make sales of grave spaces and properly describe the same. One (1) map shall be kept by the city engineer, one (1) map shall be kept by the director of parks and recreation and one (1) map shall be recorded in the clerk's office of the circuit court. The director of parks and recreation shall sell the grave spaces as shown on such maps at such prices as may be fixed from time to time by the council.
(Code 1976, § 6-2)
The mayor shall have authority and it shall be his duty to convey in the name and on behalf of the city to any purchaser thereof any grave space in any cemetery of the city to which the city has a clear title, provided the following is properly executed:
"WHEREAS, the city treasurer has received the full purchase price of the property hereby conveyed as is evidenced by his signature hereto.
"NOW, THEREFORE, THIS DEED, by and between the CITY OF CHARLOTTESVILLE, VIRGINIA, hereinafter referred to as the City, and ____________ hereinafter referred to as the owner;
"WITNESSETH: That for and in consideration of the sum of $;$rule; cash in hand paid by the owner to the city, the receipt whereof is hereby acknowledged, as well as the covenants and agreements hereinafter made by the owner, the city does hereby grant, bargain, sell and convey, with GENERAL WARRANTY of TITLE unto ____________ owner, those certain lots or parcels of land in said city, designated on a plat of ____________ cemetery as grave space ____________ in block number ____________ , Division ____________ , said plat being filed and recorded as is provided by law.
"As a part of the consideration for this deed, it is mutually agreed as follows:
"(1)
This deed may be recorded in the clerk's office of the circuit court by and at the expense of the owner, and the city shall not permit the interment of any person in said space without the consent of the owner of the legal title to said space, or his or her heirs or personal representative.
"(2)
Said space shall be subject to the control and management of the city and shall be subject to any laws, ordinances or resolutions of the city council which may be passed or adopted for the management, government or improvement of the cemetery in which the space is located.
"(3)
Ten percent of the above purchase price will be deposited by the city in the `Perpetual Care Fund' and said space shall be perpetually cared for by the city in accordance with such rules and regulations as may now or hereafter be provided for the perpetual care of the sections and spaces in the cemeteries of said city.
"IN TESTIMONY WHEREOF, the city has caused this deed to be executed by its Mayor, with its corporate seal affixed, attested by its clerk, and the city treasurer and owner have hereunto subscribed their respective names, this the ____________ day of ;daterule;, 19 ____________ .
| (SEAL) |
CITY OF CHARLOTTESVILLE
|
| ATTEST |
By
_____ Mayor |
| _____ City Treasurer |
|
| _____ Owner" |
(Code 1976, § 6-3)
The following charges shall be made for grave spaces in Oakwood Cemetery: In Divisions H, J, K and L, two hundred dollars ($200.00) for each space; except that urn spaces in Division J shall be ten dollars ($10.00) for each space; in Division G, seventy-five dollars ($75.00) for each space.
(Code 1976, § 6-9; 7-15-91)
Any person desiring to have a grave opened in a city cemetery shall notify the director of parks and recreation at least twenty-four (24) hours before the interment and shall designate the space which is to be used.
(Code 1976, § 6-8)
(a)
The charge for opening a grave, which may include a charge to cover the city's administrative costs, shall be determined from time to time by the director of parks and recreation. The rates shall be posted in the parks and recreation office and distributed to local funeral directors.
(b)
The charge for opening a grave shall be payable in advance by the funeral director.
(c)
Unless a concrete, steel or polypropylene vault is furnished on behalf of a person to be buried, the city shall furnish a polypropylene vault at a charge not to exceed three hundred dollars ($300.00). This subsection shall not apply to the burial of an urn.
(Code 1976, § 6-9; 7-15-91; 6-15-92)
Each grave in a city cemetery shall be not less than five (5) feet in depth, except that, if it is for burial of an urn, it need be only two (2) feet in depth. No interment shall be made which shall disturb the remains of the dead or which shall displace or injure any monument or stone placed over a grave.
(Code 1976, § 6-8)
The director of parks and recreation shall keep a record of each cemetery according to plats prepared by the city engineer, showing the name, lot and section number, grave and date of interment of every person buried in such cemetery.
(Code 1976, § 6-1)
Any person dying in the city may be buried at the expense of the city, upon an order from the director of social services, when, in the opinion of the director, the estate of the deceased is not sufficient to pay the expenses of burial. The expense incurred in the burial shall be charged against the appropriation for the department of social services.
(Code 1976, § 6-4)
(a)
The perpetual care fund previously established for the maintenance of city cemeteries shall be continued in effect.
(b)
All lots in city owned cemeteries shall be treated as perpetual care lots and the city shall maintain such lots in good condition in perpetuity. However, the city shall not be liable for deterioration of gravestones or monuments caused by age or weather.
(c)
The city treasurer shall be the custodian of the perpetual care fund and is authorized to invest the principal of the fund in such lawful investments as he deems appropriate.
(d)
Ten (10) percent of all amounts received from the sale of city cemetery lots shall be credited to the principal of the perpetual care fund. The remaining ninety (90) percent shall be credited to the general fund to defray operating costs of city cemeteries.
(e)
Annually, on the last day of the fiscal year, the city treasurer shall transfer all investment income received by the perpetual care fund during the fiscal year to the general fund of the city to defray the cost of maintenance of city cemeteries.
(Code 1976, §§ 6-7.1, 6-9)
(a)
No person shall break, injure or destroy any monument, gravestone or marker, shrub, plant or tree in the cemeteries in the city, or any property appertaining thereto, or unlawfully trespass in any manner on the grounds.
(b)
Any person violating the provisions of this section shall be guilty of a Class 3 misdemeanor.
(Code 1976, § 6-11)
Cross reference— Penalty for Class 3 misdemeanor, § 1-11; damaging property generally, § 17-22 et seq.
State Law reference— Damaging cemetery property, Code of Virginia, § 18.2-127.
(a)
It shall be unlawful for any person to go or remain upon the premises of Oakwood Cemetery or Maplewood Cemetery between the hours of 8:00 p.m. and 7:00 a.m., without the express permission of the director of parks and recreation.
(b)
Any person violating the provisions of this section shall be guilty of a Class 3 misdemeanor.
(Code 1976, § 6-12)
Cross reference— Penalty for Class 3 misdemeanor, § 1-11.
(a)
The director of parks and recreation shall sell the spaces as shown on city cemetery maps prepared and dated prior to January 1, 1939, which are on file in the office of the city engineer and recorded in the office of the clerk of the circuit court, at such prices as may be fixed from time to time by the council.
(b)
The city engineer shall prepare three (3) maps of each cemetery and in addition thereto that may be plotted or established after January 1, 1939, to enable the director of parks and recreation to make sales of grave spaces and properly describe the same. One (1) map shall be kept by the city engineer, one (1) map shall be kept by the director of parks and recreation and one (1) map shall be recorded in the clerk's office of the circuit court. The director of parks and recreation shall sell the grave spaces as shown on such maps at such prices as may be fixed from time to time by the council.
(Code 1976, § 6-2)
The mayor shall have authority and it shall be his duty to convey in the name and on behalf of the city to any purchaser thereof any grave space in any cemetery of the city to which the city has a clear title, provided the following is properly executed:
"WHEREAS, the city treasurer has received the full purchase price of the property hereby conveyed as is evidenced by his signature hereto.
"NOW, THEREFORE, THIS DEED, by and between the CITY OF CHARLOTTESVILLE, VIRGINIA, hereinafter referred to as the City, and ____________ hereinafter referred to as the owner;
"WITNESSETH: That for and in consideration of the sum of $;$rule; cash in hand paid by the owner to the city, the receipt whereof is hereby acknowledged, as well as the covenants and agreements hereinafter made by the owner, the city does hereby grant, bargain, sell and convey, with GENERAL WARRANTY of TITLE unto ____________ owner, those certain lots or parcels of land in said city, designated on a plat of ____________ cemetery as grave space ____________ in block number ____________ , Division ____________ , said plat being filed and recorded as is provided by law.
"As a part of the consideration for this deed, it is mutually agreed as follows:
"(1)
This deed may be recorded in the clerk's office of the circuit court by and at the expense of the owner, and the city shall not permit the interment of any person in said space without the consent of the owner of the legal title to said space, or his or her heirs or personal representative.
"(2)
Said space shall be subject to the control and management of the city and shall be subject to any laws, ordinances or resolutions of the city council which may be passed or adopted for the management, government or improvement of the cemetery in which the space is located.
"(3)
Ten percent of the above purchase price will be deposited by the city in the `Perpetual Care Fund' and said space shall be perpetually cared for by the city in accordance with such rules and regulations as may now or hereafter be provided for the perpetual care of the sections and spaces in the cemeteries of said city.
"IN TESTIMONY WHEREOF, the city has caused this deed to be executed by its Mayor, with its corporate seal affixed, attested by its clerk, and the city treasurer and owner have hereunto subscribed their respective names, this the ____________ day of ;daterule;, 19 ____________ .
| (SEAL) |
CITY OF CHARLOTTESVILLE
|
| ATTEST |
By
_____ Mayor |
| _____ City Treasurer |
|
| _____ Owner" |
(Code 1976, § 6-3)
The following charges shall be made for grave spaces in Oakwood Cemetery: In Divisions H, J, K and L, two hundred dollars ($200.00) for each space; except that urn spaces in Division J shall be ten dollars ($10.00) for each space; in Division G, seventy-five dollars ($75.00) for each space.
(Code 1976, § 6-9; 7-15-91)
Any person desiring to have a grave opened in a city cemetery shall notify the director of parks and recreation at least twenty-four (24) hours before the interment and shall designate the space which is to be used.
(Code 1976, § 6-8)
(a)
The charge for opening a grave, which may include a charge to cover the city's administrative costs, shall be determined from time to time by the director of parks and recreation. The rates shall be posted in the parks and recreation office and distributed to local funeral directors.
(b)
The charge for opening a grave shall be payable in advance by the funeral director.
(c)
Unless a concrete, steel or polypropylene vault is furnished on behalf of a person to be buried, the city shall furnish a polypropylene vault at a charge not to exceed three hundred dollars ($300.00). This subsection shall not apply to the burial of an urn.
(Code 1976, § 6-9; 7-15-91; 6-15-92)
Each grave in a city cemetery shall be not less than five (5) feet in depth, except that, if it is for burial of an urn, it need be only two (2) feet in depth. No interment shall be made which shall disturb the remains of the dead or which shall displace or injure any monument or stone placed over a grave.
(Code 1976, § 6-8)
The director of parks and recreation shall keep a record of each cemetery according to plats prepared by the city engineer, showing the name, lot and section number, grave and date of interment of every person buried in such cemetery.
(Code 1976, § 6-1)
Any person dying in the city may be buried at the expense of the city, upon an order from the director of social services, when, in the opinion of the director, the estate of the deceased is not sufficient to pay the expenses of burial. The expense incurred in the burial shall be charged against the appropriation for the department of social services.
(Code 1976, § 6-4)
(a)
The perpetual care fund previously established for the maintenance of city cemeteries shall be continued in effect.
(b)
All lots in city owned cemeteries shall be treated as perpetual care lots and the city shall maintain such lots in good condition in perpetuity. However, the city shall not be liable for deterioration of gravestones or monuments caused by age or weather.
(c)
The city treasurer shall be the custodian of the perpetual care fund and is authorized to invest the principal of the fund in such lawful investments as he deems appropriate.
(d)
Ten (10) percent of all amounts received from the sale of city cemetery lots shall be credited to the principal of the perpetual care fund. The remaining ninety (90) percent shall be credited to the general fund to defray operating costs of city cemeteries.
(e)
Annually, on the last day of the fiscal year, the city treasurer shall transfer all investment income received by the perpetual care fund during the fiscal year to the general fund of the city to defray the cost of maintenance of city cemeteries.
(Code 1976, §§ 6-7.1, 6-9)
(a)
No person shall break, injure or destroy any monument, gravestone or marker, shrub, plant or tree in the cemeteries in the city, or any property appertaining thereto, or unlawfully trespass in any manner on the grounds.
(b)
Any person violating the provisions of this section shall be guilty of a Class 3 misdemeanor.
(Code 1976, § 6-11)
Cross reference— Penalty for Class 3 misdemeanor, § 1-11; damaging property generally, § 17-22 et seq.
State Law reference— Damaging cemetery property, Code of Virginia, § 18.2-127.
(a)
It shall be unlawful for any person to go or remain upon the premises of Oakwood Cemetery or Maplewood Cemetery between the hours of 8:00 p.m. and 7:00 a.m., without the express permission of the director of parks and recreation.
(b)
Any person violating the provisions of this section shall be guilty of a Class 3 misdemeanor.
(Code 1976, § 6-12)
Cross reference— Penalty for Class 3 misdemeanor, § 1-11.
There is hereby established a city market, which shall be operated at a location designated by the city manager.
(Code 1976, § 18-1)
State Law reference— Authority of city to provide and operate markets, Code of Virginia, § 15.1-880.
The city market shall be operated for the accommodation of any person desiring to make retail sales of farm produce, foodstuffs, art work or handicrafts grown or produced by him, members of his family or farm laborers employed by him upon property owned or leased by the seller.
(Code 1976, § 18-1)
The city market shall be operated by the department of parks and recreation.
(Code 1976, § 18-1)
The city manager is authorized to make and enforce necessary rules and regulations governing the hours of operation and conduct of business in the city market. Anyone aggrieved by such rules and regulations, or the application thereof, may seek relief by appeal to city council. A violation of any provision of the rules duly established hereunder shall constitute a Class 3 misdemeanor.
(Code 1976, § 18-1; 5-6-91; 4-17-95)
No person shall be allowed to sell any produce or articles in the city market unless he shall have first obtained a producers certificate pursuant to section 14-49(e) of this Code.
(Code 1976, § 18-1)
No certificate of appropriateness shall be required for a stand operated by a city market vendor; however such stands shall otherwise be required to comply with the regulations and requirements set forth within Chapter 28, Article IV, governing the size, appearance and operational restrictions applicable to vendor stands.
(12-1-03(2))
There is hereby established a city market, which shall be operated at a location designated by the city manager.
(Code 1976, § 18-1)
State Law reference— Authority of city to provide and operate markets, Code of Virginia, § 15.1-880.
The city market shall be operated for the accommodation of any person desiring to make retail sales of farm produce, foodstuffs, art work or handicrafts grown or produced by him, members of his family or farm laborers employed by him upon property owned or leased by the seller.
(Code 1976, § 18-1)
The city market shall be operated by the department of parks and recreation.
(Code 1976, § 18-1)
The city manager is authorized to make and enforce necessary rules and regulations governing the hours of operation and conduct of business in the city market. Anyone aggrieved by such rules and regulations, or the application thereof, may seek relief by appeal to city council. A violation of any provision of the rules duly established hereunder shall constitute a Class 3 misdemeanor.
(Code 1976, § 18-1; 5-6-91; 4-17-95)
No person shall be allowed to sell any produce or articles in the city market unless he shall have first obtained a producers certificate pursuant to section 14-49(e) of this Code.
(Code 1976, § 18-1)
No certificate of appropriateness shall be required for a stand operated by a city market vendor; however such stands shall otherwise be required to comply with the regulations and requirements set forth within Chapter 28, Article IV, governing the size, appearance and operational restrictions applicable to vendor stands.
(12-1-03(2))
(a)
Generally. The territory within the city shall be divided into four (4) wards whose boundaries shall be as prescribed in this section.
(b)
First ward. The first ward shall embrace all the territory in the eastern part of the city which is not embraced within the boundaries of the second ward and the third ward.
(c)
Second ward. The second ward shall embrace all territory lying within the following boundaries: beginning at the intersection of Main Street and 2nd Street, N.E., thence west along the centerline of Main Street to the intersection of the centerline of 10th Street, N.W.; thence north along the centerline of 10th Street, N.W. to the centerline of Page Street, thence along the centerline of Page Street west to the intersection of the centerline of 11th Street NW; thence in a northern direction along the centerline of 11th Street, N.W. to the centerline of Grady Avenue; thence in a northwestern direction along the centerline of Grady Avenue to the centerline of Rugby Road; thence in a northwesterly direction along the centerline of Rugby Road to the junction of the centerline of Hydraulic Road and Rugby Road; thence along the centerline of Hydraulic Road to the southeastern corner of the intersection of U.S. Route 29 North and Hydraulic Road; thence along the eastern margin of U.S. Route 29 North, north to the corporate limits; thence in an easterly direction along the corporate limits to the southern margin of Virginia Highway 631; thence along the corporate limits south until the intersection with Park Street; thence continuing along the corporate limits to the confluence of the Rivanna River and Meadow Creek, thence along the centerline of Meadow Creek in a western direction to the intersection with the western boundary of Pen Park (City Tax Map 48B, Parcel 1), thence in a southern direction along that boundary to the centerline of Megan Court; thence in a southern direction along the centerline of Megan Court to the centerline of Locust Lane; thence in a southeastern direction along the centerline of Locust Lane to the centerline of Locust Avenue; thence in a southwesterly direction along the centerline of Locust Avenue to the centerline of the U.S. Route 250 Bypass; thence in a northwestern direction along the centerline of the U.S. Route 250 Bypass to the centerline with McIntire Road; thence in a southern direction along the centerline of McIntire Road to the intersection of the centerline of Nelson Drive; thence along the centerline of Nelson Drive to the intersection of the centerline of 2nd Street, N.E.; thence along the centerline of 2nd Street, N.E. to the point of beginning.
(d)
Third ward. The third ward shall embrace all territory lying within the following boundaries: beginning at the intersection of Main Street and 2nd Street, N.E., thence west along Main Street to the intersection of the centerline of Jefferson Park Avenue; thence in a southwestern direction along the corporate limits to the intersection with Fontaine Avenue, thence in a southern direction continuing along the corporate limits to the centerline of Old Lynchburg Road, thence continuing along the corporate limits in an eastern direction to intersection with the centerline of 6th Street SE, thence north long the centerline of 6th Street SE to the centerline of Rougemont Avenue; thence along the centerline of Rougemont Avenue in a western direction to the centerline of Hartmans Mill Road; thence along the centerline of Hartmans Mill in a northern direction to the centerline of 1st Street South.; thence in a northeastern direction along the centerline of 1st Street South to the southwest corner of Parcel 218 (Crescent Halls) of City Tax Map 28, thence along the southern boundary of said Parcel to the southeast corner, thence north along the eastern boundary of said Parcel to the centerline of 2nd Street SE; thence north along the centerline of 2nd Street SE to the beginning.
(e)
Fourth ward. The fourth ward shall embrace all the territory in the western part of the city which is not embraced within the boundaries of the second ward and the third ward.
(Code 1976, § 8-1; 4-16-90; 4-4-11(1), § 1)
State Law reference— Wards generally, Code of Virginia, § 15.1-803.
Each ward of the city shall constitute two (2) election precincts, as defined in this article, except in the third ward, which shall constitute three (3) election precincts. Elections in each district in each ward shall be held at such voting places as may from time to time be designated by the council. The voting places, as now constituted, shall be so continued unless and until changed by the council, but no change shall be made in any voting place within sixty (60) days next preceding any general election.
(Code 1976, § 8-2; 4-4-11(1), § 1)
State Law reference— Duty of council to establish election districts or precincts and voting places, Code of Virginia, § 24.2-307.
(a)
Clark precinct. The Clark precinct of the first ward shall embrace all territory in the first ward lying south of the centerline of the Chesapeake & Ohio Railway Company right-of-way. The voting place for this precinct shall be the Clark Elementary School.
(b)
Recreation precinct. The Recreation precinct of the first ward shall embrace all territory in the first ward lying north of the centerline of the Chesapeake & Ohio Railway Company right-of-way. The voting place for this precinct shall be the Herman Key Recreation Center at 800 East Market Street.
(Code 1976, § 8-2; 9-5-89; 12-3-90; 2-7-00(1); 8-20-01; 9-3-02; 4-4-11(1), § 1)
(a)
Carver precinct. The Carver precinct of the second ward shall embrace all territory in the second ward lying south of the centerline of Rugby Avenue and south of the centerline of that portion of the U.S. Route 250 Bypass which is east of Rugby Avenue and west of McIntire Road. The voting place for this precinct shall be the Carver Recreation Center located at 233 Fourth Street, N.W.
(b)
Walker precinct. The Walker precinct of the second ward shall embrace all territory in the second ward lying north of the centerline of Rugby Avenue and north of the centerline of that portion of the U.S. Route 250 Bypass which is east of Rugby Avenue and west of Locust Avenue. The voting place for this precinct shall be the Walker Upper Elementary School.
(Code 1976, § 8-2; 4-4-11(1), § 1; 7-5-11; 1-22-13)
(a)
Benjamin Tonsler precinct. The Benjamin Tonsler precinct of the third ward shall embrace all the territory in the third ward lying east of the line running along the centerline of Roosevelt Brown Boulevard, 9th Street, S.W., Forest Hills Avenue and Cherry Avenue (between Forest Hills Avenue and Rock Creek), and east of Rock Creek and 5th Street, S.W. The voting place for this precinct shall be the Tonsler Park Recreation Center on Cherry Avenue.
(b)
Johnson precinct. The Johnson precinct of the third ward shall embrace all territory in the third ward lying west of the centerline of 5th Street, S.W. between the corporate limits and Rock Creek, and west of Rock Creek between 5th Street S.W., and Cherry Avenue; and south of a line beginning at the intersection of Rock Creek and Cherry Avenue, thence continuing southwest along the centerline of Cherry Avenue to Shamrock Road; thence northwest along the centerline of Shamrock Road to the Southern Railway right-of-way, thence southwest along the railroad right-of-way to Jefferson Park Avenue, thence north along the centerline of Jefferson Park Avenue to the centerline of Maury Avenue, thence north along the centerline of Maury Avenue to the corporate limits. The voting place for this precinct shall be the Johnson Elementary School at 1645 Cherry Avenue.
(c)
Buford precinct. The Buford precinct shall embrace all territory in the third ward lying west of the centerline of Roosevelt Brown Boulevard and 9th Street, S.W. to its intersection with Forest Hills Avenue, and north of a line running west from 9th Street, S.W. along the centerline of Forest Hills Avenue to Cherry Avenue, thence west along the centerline of Cherry Avenue to Shamrock Road, thence northwest along the centerline of Shamrock Road to the Southern Railway right-of-way, thence southwest along the railroad right-of-way to Jefferson Park Avenue, thence north along the centerline of Jefferson Park Avenue to the centerline of Maury Avenue, thence north along the centerline of Maury Avenue to the corporate limits. The voting place for this precinct shall be Buford Middle School at 1000 Cherry Avenue.
(Code 1976, § 8-2; 6-1-98(1); 8-20-01; 3-7-05; 4-5-10(1); 4-4-11(1), § 1; 8-15-16(1))
(a)
Venable precinct. The Venable precinct of the fourth ward shall embrace all territory in the fourth ward lying east of the centerline of Rugby Road between University Avenue and Grady Avenue, and south of the centerline of Grady Avenue between Rugby Road and 11th Street, N.W. The voting place for this precinct shall be Venable Elementary School.
(b)
Alumni Hall precinct. The Alumni Hall precinct of the fourth ward shall embrace all territory in the fourth ward lying south of the centerline of Hydraulic Road and west of the centerline of Rugby Road. The voting place for this precinct shall be Alumni Hall located on Emmet Street.
(Code 1976, § 8-2; 9-5-89; 2-5-90; 4-4-11(1), § 1)
There is hereby established a central absentee voter election district in city hall for the purpose of receiving, counting and recording all absentee ballots in all elections cast within the city. Such central absentee voter election district shall receive, count and record all absentee ballots in accordance with the requirements of section 24.1-233.1 of the Code of Virginia and all other applicable provisions of law. This shall be effective February 1, 1979, and shall remain in effect until repealed by the council.
(Code 1976, § 8-3)
(a)
Generally. The territory within the city shall be divided into four (4) wards whose boundaries shall be as prescribed in this section.
(b)
First ward. The first ward shall embrace all the territory in the eastern part of the city which is not embraced within the boundaries of the second ward and the third ward.
(c)
Second ward. The second ward shall embrace all territory lying within the following boundaries: beginning at the intersection of Main Street and 2nd Street, N.E., thence west along the centerline of Main Street to the intersection of the centerline of 10th Street, N.W.; thence north along the centerline of 10th Street, N.W. to the centerline of Page Street, thence along the centerline of Page Street west to the intersection of the centerline of 11th Street NW; thence in a northern direction along the centerline of 11th Street, N.W. to the centerline of Grady Avenue; thence in a northwestern direction along the centerline of Grady Avenue to the centerline of Rugby Road; thence in a northwesterly direction along the centerline of Rugby Road to the junction of the centerline of Hydraulic Road and Rugby Road; thence along the centerline of Hydraulic Road to the southeastern corner of the intersection of U.S. Route 29 North and Hydraulic Road; thence along the eastern margin of U.S. Route 29 North, north to the corporate limits; thence in an easterly direction along the corporate limits to the southern margin of Virginia Highway 631; thence along the corporate limits south until the intersection with Park Street; thence continuing along the corporate limits to the confluence of the Rivanna River and Meadow Creek, thence along the centerline of Meadow Creek in a western direction to the intersection with the western boundary of Pen Park (City Tax Map 48B, Parcel 1), thence in a southern direction along that boundary to the centerline of Megan Court; thence in a southern direction along the centerline of Megan Court to the centerline of Locust Lane; thence in a southeastern direction along the centerline of Locust Lane to the centerline of Locust Avenue; thence in a southwesterly direction along the centerline of Locust Avenue to the centerline of the U.S. Route 250 Bypass; thence in a northwestern direction along the centerline of the U.S. Route 250 Bypass to the centerline with McIntire Road; thence in a southern direction along the centerline of McIntire Road to the intersection of the centerline of Nelson Drive; thence along the centerline of Nelson Drive to the intersection of the centerline of 2nd Street, N.E.; thence along the centerline of 2nd Street, N.E. to the point of beginning.
(d)
Third ward. The third ward shall embrace all territory lying within the following boundaries: beginning at the intersection of Main Street and 2nd Street, N.E., thence west along Main Street to the intersection of the centerline of Jefferson Park Avenue; thence in a southwestern direction along the corporate limits to the intersection with Fontaine Avenue, thence in a southern direction continuing along the corporate limits to the centerline of Old Lynchburg Road, thence continuing along the corporate limits in an eastern direction to intersection with the centerline of 6th Street SE, thence north long the centerline of 6th Street SE to the centerline of Rougemont Avenue; thence along the centerline of Rougemont Avenue in a western direction to the centerline of Hartmans Mill Road; thence along the centerline of Hartmans Mill in a northern direction to the centerline of 1st Street South.; thence in a northeastern direction along the centerline of 1st Street South to the southwest corner of Parcel 218 (Crescent Halls) of City Tax Map 28, thence along the southern boundary of said Parcel to the southeast corner, thence north along the eastern boundary of said Parcel to the centerline of 2nd Street SE; thence north along the centerline of 2nd Street SE to the beginning.
(e)
Fourth ward. The fourth ward shall embrace all the territory in the western part of the city which is not embraced within the boundaries of the second ward and the third ward.
(Code 1976, § 8-1; 4-16-90; 4-4-11(1), § 1)
State Law reference— Wards generally, Code of Virginia, § 15.1-803.
Each ward of the city shall constitute two (2) election precincts, as defined in this article, except in the third ward, which shall constitute three (3) election precincts. Elections in each district in each ward shall be held at such voting places as may from time to time be designated by the council. The voting places, as now constituted, shall be so continued unless and until changed by the council, but no change shall be made in any voting place within sixty (60) days next preceding any general election.
(Code 1976, § 8-2; 4-4-11(1), § 1)
State Law reference— Duty of council to establish election districts or precincts and voting places, Code of Virginia, § 24.2-307.
(a)
Clark precinct. The Clark precinct of the first ward shall embrace all territory in the first ward lying south of the centerline of the Chesapeake & Ohio Railway Company right-of-way. The voting place for this precinct shall be the Clark Elementary School.
(b)
Recreation precinct. The Recreation precinct of the first ward shall embrace all territory in the first ward lying north of the centerline of the Chesapeake & Ohio Railway Company right-of-way. The voting place for this precinct shall be the Herman Key Recreation Center at 800 East Market Street.
(Code 1976, § 8-2; 9-5-89; 12-3-90; 2-7-00(1); 8-20-01; 9-3-02; 4-4-11(1), § 1)
(a)
Carver precinct. The Carver precinct of the second ward shall embrace all territory in the second ward lying south of the centerline of Rugby Avenue and south of the centerline of that portion of the U.S. Route 250 Bypass which is east of Rugby Avenue and west of McIntire Road. The voting place for this precinct shall be the Carver Recreation Center located at 233 Fourth Street, N.W.
(b)
Walker precinct. The Walker precinct of the second ward shall embrace all territory in the second ward lying north of the centerline of Rugby Avenue and north of the centerline of that portion of the U.S. Route 250 Bypass which is east of Rugby Avenue and west of Locust Avenue. The voting place for this precinct shall be the Walker Upper Elementary School.
(Code 1976, § 8-2; 4-4-11(1), § 1; 7-5-11; 1-22-13)
(a)
Benjamin Tonsler precinct. The Benjamin Tonsler precinct of the third ward shall embrace all the territory in the third ward lying east of the line running along the centerline of Roosevelt Brown Boulevard, 9th Street, S.W., Forest Hills Avenue and Cherry Avenue (between Forest Hills Avenue and Rock Creek), and east of Rock Creek and 5th Street, S.W. The voting place for this precinct shall be the Tonsler Park Recreation Center on Cherry Avenue.
(b)
Johnson precinct. The Johnson precinct of the third ward shall embrace all territory in the third ward lying west of the centerline of 5th Street, S.W. between the corporate limits and Rock Creek, and west of Rock Creek between 5th Street S.W., and Cherry Avenue; and south of a line beginning at the intersection of Rock Creek and Cherry Avenue, thence continuing southwest along the centerline of Cherry Avenue to Shamrock Road; thence northwest along the centerline of Shamrock Road to the Southern Railway right-of-way, thence southwest along the railroad right-of-way to Jefferson Park Avenue, thence north along the centerline of Jefferson Park Avenue to the centerline of Maury Avenue, thence north along the centerline of Maury Avenue to the corporate limits. The voting place for this precinct shall be the Johnson Elementary School at 1645 Cherry Avenue.
(c)
Buford precinct. The Buford precinct shall embrace all territory in the third ward lying west of the centerline of Roosevelt Brown Boulevard and 9th Street, S.W. to its intersection with Forest Hills Avenue, and north of a line running west from 9th Street, S.W. along the centerline of Forest Hills Avenue to Cherry Avenue, thence west along the centerline of Cherry Avenue to Shamrock Road, thence northwest along the centerline of Shamrock Road to the Southern Railway right-of-way, thence southwest along the railroad right-of-way to Jefferson Park Avenue, thence north along the centerline of Jefferson Park Avenue to the centerline of Maury Avenue, thence north along the centerline of Maury Avenue to the corporate limits. The voting place for this precinct shall be Buford Middle School at 1000 Cherry Avenue.
(Code 1976, § 8-2; 6-1-98(1); 8-20-01; 3-7-05; 4-5-10(1); 4-4-11(1), § 1; 8-15-16(1))
(a)
Venable precinct. The Venable precinct of the fourth ward shall embrace all territory in the fourth ward lying east of the centerline of Rugby Road between University Avenue and Grady Avenue, and south of the centerline of Grady Avenue between Rugby Road and 11th Street, N.W. The voting place for this precinct shall be Venable Elementary School.
(b)
Alumni Hall precinct. The Alumni Hall precinct of the fourth ward shall embrace all territory in the fourth ward lying south of the centerline of Hydraulic Road and west of the centerline of Rugby Road. The voting place for this precinct shall be Alumni Hall located on Emmet Street.
(Code 1976, § 8-2; 9-5-89; 2-5-90; 4-4-11(1), § 1)
There is hereby established a central absentee voter election district in city hall for the purpose of receiving, counting and recording all absentee ballots in all elections cast within the city. Such central absentee voter election district shall receive, count and record all absentee ballots in accordance with the requirements of section 24.1-233.1 of the Code of Virginia and all other applicable provisions of law. This shall be effective February 1, 1979, and shall remain in effect until repealed by the council.
(Code 1976, § 8-3)
This chapter shall be known and may be cited as the city's "Water Protection Ordinance."
(5-5-14, § 1, eff. 7-1-14)
This chapter is adopted pursuant to authority conferred by: (i) the Virginia State Water Control Law, set forth within the Virginia Code, Title 62.1, Chapter 3.1 (§§ 62.1-44.2 through 62.1-44.34:28), including, without limitation, §§ 62.1-44.15:27 and 62.1-44.15:54; (ii) Virginia Code, Title 15.2, Chapters 21 and 22; and (iii) the federal Clean Water Act (33 U.S.C. § 1251 et seq.).
(5-5-14, § 1, eff. 7-1-14)
The purposes of this chapter are:
(1)
To ensure the general health, safety, and welfare of the citizens of the City of Charlottesville by (i) protecting the quality and quantity of state waters from the potential harm of unmanaged stormwater, including protection from land-disturbing activity causing unreasonable degradation of properties, water quality, stream channels, and other natural resources, and to establish procedures whereby stormwater requirements related to water quality and quantity shall be administered and enforced, and (ii) preventing degradation of properties, stream channels, waters and other natural resources of the city, by establishing requirements for the control of soil erosion, sediment deposition and nonagricultural runoff; and
(2)
To provide a framework for the administration, implementation and enforcement of the provisions of the Virginia Stormwater Management Act and the Virginia Erosion and Sediment Control Law, and to delineate the procedures and requirements to be followed in connection with permits issued by the city, acting as a VSMP and VESCP authority, respectively; and
(3)
To establish procedures whereby the requirements of the city's VSMP, VESCP and MS4 programs shall be enforced in conjunction with one another, and to ensure integration of those program requirements with flood insurance, floodplain management and other programs requiring compliance prior to authorization of construction, in order to make the submission and approval of plans, issuance of permits, payment of fees, and coordination of inspection and enforcement activities more convenient and efficient both for the city and for those persons responsible for compliance with the programs.
(5-5-14, § 1, eff. 7-1-14)
This chapter protects paramount public interests and shall be liberally construed to effectuate its several purposes. The following rules of construction shall apply in the construction of this chapter, unless such application would be contrary to the purposes of this chapter or the context clearly indicates otherwise:
(1)
All references to any statute, ordinance, regulation, guideline, handbook, manual or standard shall be to such statute, ordinance, regulation, guideline, handbook, manual or standard as it exists on the date of adoption of this chapter and includes any subsequent amendment, reenactment, renumbering, or reissuance in a subsequent edition.
(2)
Any reference to "this article," "Article II," "Article III," or "Article IV" shall include references to all applicable references of Article I.
(3)
All references to "days" shall be to calendar days.
(4)
All references to a "fee schedule" shall mean and refer to a schedule of the fees and charges associated with the various applications, inspections, permits and approvals required by this chapter, as approved and amended by the city council from time to time. All required fees shall be made payable to the city treasurer.
(5-5-14, § 1, eff. 7-1-14)
In addition to the definitions set forth within the Virginia Administrative Code (VAC) at 9VAC25-840-10, 9VAC25-850-10 and 9VAC25-870-10, which are expressly adopted and incorporated herein by reference, the following words and terms used in this chapter shall have the following meanings unless otherwise specified herein. In the event of a conflict between any definition incorporated by reference and any definition following below, the definition incorporated by reference shall have precedence.
Act means, according to the context of its use, (1) the Stormwater Management Act set forth within Title 62.1, Chapter 3.1, Article 2.3 (§ 62.1-44.15:24 et seq.) of the Virginia Code or (2) the Erosion and Sediment Control Law set forth within Title 62.1, Chapter 3.1, Article 2.4 (§ 62.1-44.15:51 et seq.) of the Virginia Code.
Administrator means, when referring to a person performing duties relative to the city's VSMP or VESCP as set forth within this chapter, the city's department of neighborhood development services. The department of neighborhood development services shall have authority to act by and through the director of neighborhood development services and any city official, employee, contractor or other agent designated by the director of neighborhood development services to perform any responsibilities or functions assigned to the VSMP or VESCP Administrator. Whenever the term "administrator" is used within any of the regulations or other VAC sections incorporated by reference into this chapter, the term shall have the meaning assigned within those regulations or VAC sections.
Agreement in lieu of a plan means (i) a contract between the VESCP administrator and a property owner which specifies conservation measures which must be implemented in the construction of an individual single-family residence, not part of a common plan of development or sale; or (ii) a contract between the VSMP administrator and a property owner which specifies methods that will be implemented to comply with the requirements of Article III of this chapter in the construction of an individual single-family residence, not part of a common plan of development or sale. Such contract may be executed by the administrator in lieu of a formal erosion and sediment control plan or stormwater management plan, as applicable.
Applicant means any person submitting an application for a permit or requesting the issuance of a permit under any provision of this chapter.
Best management practice ("BMP") means schedules of activities, prohibitions of practices, including both structural and nonstructural practices, maintenance procedures, and other management practices to prevent or reduce the runoff volume and pollution of surface waters and groundwater systems from the impacts of land-disturbing activities.
Board means the State Water Control Board.
Clean Water Act or CWA means the federal Clean Water Act, 33 U.S.C. 1251 et seq., formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public Law 96-483, and Public Law 97-117, or any subsequent revisions thereto.
Clearing means any activity which removes vegetative ground cover, including, but not limited to, root mat removal or top soil removal.
Common plan of development or sale refers to a contiguous area where separate and distinct construction activities may be taking place at different times on different schedules.
Conservation standards, criteria or specifications means the criteria, guidelines, techniques, and methods for the control of erosion and sedimentation whether promulgated by the program authority or contained in (1) the Virginia Erosion and Sediment Control Handbook and other regulations promulgated by the State Water Control Board, or (2) the Stormwater Management Handbook and other regulations promulgated by the Virginia Department of Environmental Quality.
Control measure means any BMP or stormwater facility, or other method used to minimize the discharge of pollutants to state waters.
DEQ and department mean the Virginia Department of Environmental Quality.
Development, land development and land development project as used within this chapter each refer to land improved or to be improved as a unit, under single ownership or unified control, such improvement(s) including all of the land disturbance, and the resulting landform, associated with the construction of residential, commercial, industrial, institutional, recreational, transportation, or utility facilities or structures, and or the clearing of land for non-agricultural or non-silvicultural purposes. The term shall include the entire area within a common plan of development or sale.
Director, as used in Article V of this chapter, shall mean and include the city's director of public works and director of neighborhood development services, and the employees and agents authorized by either of them to exercise authority or to take enforcement action under the provisions of Article V. The term director as used within Articles II and III of this chapter, shall mean the director of neighborhood development services. Whenever the term "director" is used within any of the regulations or other VAC sections incorporated by reference into this chapter, the term shall have the meaning assigned within those regulations or VAC sections.
Erosion and sediment control plan means a document containing materials and provisions for the conservation of soil and water resources of a unit or group of units of land. It may include appropriate maps, an appropriate soil and water plan inventory and management information with needed interpretations, and a record of decisions contributing to conservation treatment. The plan shall contain all major conservation decisions to ensure that the entire unit or units of land will be so treated to achieve the conservation objectives.
Erosion impact area means an area of land not associated with current land-disturbing activity but subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters. This definition shall not apply to any lot or parcel of land of six thousand (6,000) square feet or less used for residential purposes.
Excavating means any digging, scooping, or other method(s) of removing earth materials.
Filling means any depositing or stockpiling of earth materials.
General permit means the state general permit, defined following below.
Grading means any excavating or filling, and any combination thereof, including the land in its excavated or filled conditions.
Illegal discharge and illicit discharge each means and refers to any discharge to the city's municipal storm sewer system ("MS4") that is not composed entirely of stormwater, except: (i) discharges pursuant to a VPDES permit; (ii) discharges resulting from firefighting activities; and (iii) any discharges specifically authorized within Article V of this chapter.
Illicit connection means any connection to the city's municipal storm sewer system ("MS4") made without the express written approval of an authorized city official.
Land disturbance or land-disturbing activity means any man-made change to the land surface that (i) actually or potentially changes its runoff characteristics, including, without limitation, clearing, grading, or excavation, or (ii) that may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the Commonwealth, including, without limitation, clearing, grading, excavating, transporting and filling. The entire land area within a common plan of development or sale, as a whole, shall be considered to be a single land-disturbing activity.
Layout means a conceptual drawing sufficient to identify and provide for specific stormwater management facilities required at the time of approval.
Licensed professional means an individual who is licensed as a professional engineer, architect, certified landscape architect or land surveyor pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia.
Local erosion and sediment control program or VESCP means an outline of the various methods employed by the city to regulate land-disturbing activities and thereby minimize erosion and sedimentation in compliance with the state program, including, without limitation, city ordinances, policies and guidelines, technical materials, inspection, enforcement and evaluation.
Minor modification means, in relation to the state general permit, an amendment to an existing state general permit, before its expiration, not requiring extensive review and evaluation, including, but not limited to, changes in EPA promulgated test protocols, increasing monitoring frequency requirements, changes in sampling locations, and changes to compliance dates within the overall compliance schedules. A minor state general permit modification or amendment is one that does not substantially alter state general permit conditions, substantially increase or decrease the amount of surface water impacts, increase the size of the operation, or reduce the capacity of the facility to protect human health or the environment.
Mitigation plan means a plan, a component of a stormwater management/BMP plan, an erosion and sediment control plan, or an agreement in lieu of a plan, that describes how encroachments into a stream buffer will be mitigated through runoff treatment, re-vegetation, the addition of extra buffer areas, or other appropriate measures.
MS4 means the city's municipal separate storm sewer system. The terms "municipal separate storm sewer" and "municipal separate storm sewer system" shall have the meanings set forth within 9VAC25-870-10.
Natural channel design concepts means the utilization of engineering analysis and fluvial geomorphic processes to create, rehabilitate, restore, or stabilize an open conveyance system for the purpose of creating or recreating a stream that conveys its bankfull storm event within its banks and allows larger flows to access its bankfull bench and its floodplain.
Operator means the owner or operator of any facility or activity subject to regulation under this chapter.
Owner means the owner(s) of the freehold of land, or a lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person in control of a property. As used herein, "owner" also refers to, in the appropriate context, any person authorized to act as the agent for the owner.
Peak flow rate means the maximum instantaneous flow from a given storm condition at a particular location.
Permit means any building permit, grading permit, or other permit, including the approval of any site plan or subdivision plat, which is required to be issued by any board, commission, officer, employee or agency of the city as a prerequisite to any land-disturbing activity or development. In relation to the provisions of Articles II and III of this chapter the term shall mean an approval issued by the VSMP/VESCP administrator for the initiation of a land-disturbing activity in accordance with this chapter, after evidence of state general permit coverage has been received.
Permittee means the person to whom a permit authorizing a land-disturbing activity is issued, and, in the appropriate context the term may refer to the person who certifies that an approved erosion and sediment control plan will be followed.
Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town or other political subdivision of the Commonwealth, any interstate body, or any other legal entity.
Pollution prevention plan shall mean a plan for implementing pollution prevention measures during construction activities, which meets the requirements of 9VAC25-870-56.
Project shall have the same meaning as set forth above for the term development.
Public waters means and refers to the public waters and waterways of the United States and of the Commonwealth of Virginia.
Redevelopment for purposes of this chapter, means and refers to construction of buildings, structures, fixtures or other improvements to land as replacement(s) for existing improvements.
Regulations means (1) in the context of the provisions of Article II, the Virginia Erosion and Sediment Control Regulations set forth within 9VAC25-840-10 et seq. of the Virginia Administrative Code, or (2) in the context of the provisions of Article III, the Virginia Stormwater Management Regulations set forth within 9VAC25-870-10 et seq. of the Virginia Administrative Code.
Residential development means a tract or parcel of land developed or to be developed as a single unit under single ownership or unified control, and which is to contain three (3) or more residential dwelling units.
Responsible land disturber or RLD means an individual holding a certificate of competence issued by the department, who is responsible for the operations of carrying out land-disturbing activity in accordance with an approved erosion and sediment control plan. The RLD may be the owner, applicant, permittee, designer, superintendent, project manager, contractor or any other project or development team member; however, the identity of the RLD must be designated on the approved erosion and sediment control plan or permit.
Runoff volume means the volume of water that runs off the land development project from a prescribed storm event.
Site means the land or water area where any facility or land-disturbing activity is physically located or conducted, including adjacent land used or preserved in connection with the facility or land-disturbing activity. All of the land that is part of a development, or of common plan of development or sale shall be considered as a single site.
State means the Commonwealth of Virginia, inclusive of its departments, boards, agencies and divisions.
State board means the Virginia State Water Control Board.
State general permit means the state permit titled "General Permit for Discharges of Stormwater From Construction Activities" referenced within the Virginia Administrative Code at 9VAC25-880-1 et seq., authorizing a category of discharges under the CWA and the Act within a geographical area of the Commonwealth of Virginia.
State permit means an approval to conduct a land-disturbing activity issued by the state board. Under a state permit, the state imposes and enforces requirements pursuant to the federal Clean Water Act and related regulations and the Virginia Stormwater Management Act and related regulations.
State waters means all water, on the surface and under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction, including wetlands.
State Water Control Law means Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 of the Virginia Code.
Stormwater and stormwater runoff mean precipitation that is discharged across the land surface or through conveyances to one (1) or more waterways. The term may include stormwater runoff, snow melt runoff, and surface runoff and drainage.
Stormwater management plan means any document(s) containing material that describes method(s) for complying with the requirements of Article III of this chapter.
Stormwater pollution prevention plan or SWPPP means a document or set of documents prepared in accordance with good engineering practices, meeting the requirements set forth within 9VAC25-870-54, in which potential sources of pollutants that may reasonably be expected to affect the quality of stormwater discharges from a construction site are described, and control measures are identified.
Stream buffer means an area of land at or near a tributary streambank and/or nontidal wetland that has an intrinsic water quality value due to the ecological and biological processes it performs or is otherwise sensitive to changes which may result in significant degradation to the quality of state waters.
Subdivision shall have the same meaning as set forth within section 29-3 of the City Code.
Total maximum daily load or TMDL means the sum of the individual wasteload allocations for point sources, load allocations for nonpoint sources, natural background loading and a margin of safety. TMDLs may be expressed in terms of either mass per time, toxicity, or other appropriate measures. The TMDL process provides for point source versus nonpoint source trade-offs.
Transporting means any moving of earth materials from one place to another place, other than such movement incidental to grading, when such movement results in destroying the vegetative ground cover either by tracking or the buildup of earth materials to the extent that erosion and sedimentation will result from the soil or earth materials over which such transporting occurs.
VAC means the Virginia Administrative Code. References to specific sections of the Virginia Administrative Code appear in the following format: e.g., 9VAC25-870-10. Whenever reference to a specific VAC section is given, the provisions of that VAC section shall be deemed incorporated into this chapter by reference, as if set forth herein verbatim.
Virginia Erosion and Sediment Control Program or VESCP means a program approved by the state that has been established by the city for the effective control of soil erosion, sediment deposition, and nonagricultural runoff associated with a land-disturbing activity to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources, and shall include such items, where applicable, as local ordinances, rules, permit requirements, annual standards and specifications, policies and guidelines, technical materials, and requirements for plan review, inspection, enforcement where authorized in Article II of this chapter, and evaluation consistent with the requirements of this chapter and related federal, state and local regulations.
Virginia Erosion and Sediment Control Program Authority or VESCP Authority shall mean the City of Charlottesville, acting pursuant to authority granted by the state to operate a VESCP.
Virginia Stormwater BMP Clearinghouse Website means a state website that contains detailed design standards and specifications for control measures that may be used in Virginia to comply with the requirements of the Virginia Stormwater Management Act and associated regulations.
Virginia Stormwater Management Act means Article 2.4 (§ 62.1-44.15:24 et seq.) of the State Water Control Law and the related state regulations set forth within 9VAC25-870-10 et seq.
VSMP or Virginia Stormwater Management Program means a program approved by the state board after September 13, 2011, that has been established by the city to manage the quality and quantity of runoff resulting from land-disturbing activities and shall include such items as local ordinances, rules, permit requirements, annual standards and specifications, policies and guidelines, technical materials, and requirements for plan review, inspection, enforcement, where authorized in Article III, and evaluation consistent with the requirements of Article III.
VSMP Authority or Virginia Stormwater Management Program Authority means the City of Charlottesville, acting pursuant to authority granted by the state to operate a VSMP.
Water dependent facility refers to land development that cannot exist outside the stream buffer and must be located on a shoreline because of the intrinsic nature of its operation, including, without limitation: intake and outfall structures of water and sewage treatment plants and storm sewers; water-oriented recreation areas; and boat docks and ramps.
(5-5-14, § 1, eff. 7-1-14)
(a)
The city council hereby designates the department of neighborhood development services as its administrator for the programs referenced in Articles II, III, and IV. Administration and enforcement of Article V shall be as set forth within sections 10-92 and 10-93.
(b)
The administrator shall administer and enforce the provisions of this chapter, acting by and through its director. The director may enter into agreements or contracts with the local soil and water conservation district, an adjacent locality, or another public or private entity, to carry out or assist with the responsibilities of this chapter. The director of the department of neighborhood development services shall have authority to assign specific responsibilities or functions of the administrator to authorized agents of such department, such as another city official, employee, or an independent contractor, consistent with requirements of this chapter and applicable state laws and regulations.
(c)
The administrator shall establish reasonable regulations and interpretive guidelines for the administration of this chapter, subject to approval of city council. Such regulations and guidelines shall be consistent with this chapter and all applicable federal and state statutes and regulations.
(d)
The administrator shall assure that the erosion and sediment control program set forth in Article II is administered by a certified program administrator, a certified plan reviewer, and a certified project inspector. Such positions may be filled by the same person. The administrator shall assure that persons reviewing stormwater management plans and conducting related inspections shall hold a certificate of competence issued by the board.
(e)
The administrator shall take appropriate enforcement actions to achieve compliance with this chapter, and shall maintain a record of enforcement actions for all active land-disturbing activities and developments.
(f)
The administrator is authorized to cooperate with any federal or state department, agency, or official in connection with plans for erosion and sediment control or stormwater management. The administrator may also recommend to the city manager any proposed agreement with such agency for such purposes, which agreement shall be executed, if at all, by the city manager on behalf of the city.
(5-5-14, § 1, eff. 7-1-14)
The adoption of this chapter shall not abate any pending action, liability, or penalty of any person accruing or about to accrue, nor waive any right of the city under any provision in effect prior to the date of adoption of this chapter, unless expressly provided for in this chapter. As they pertain to land-disturbing activity for development that is the subject of a site plan or subdivision plat approved prior to July 1, 2014, the requirements of this chapter in relation to such development shall be as prescribed within the Regulations, or as otherwise specified by state law.
(5-5-14, § 1, eff. 7-1-14)
(a)
Any person who is aggrieved by a decision of the administrator pursuant to this chapter shall have the right of review of such action by the city council. Any such appeal shall be filed in writing with the clerk of the city council within thirty (30) days of the date of such decision.
(b)
An appeal received by the city council pursuant to this section shall be referred to the planning commission for review and findings of fact. The planning commission shall review the appeal at its next regular meeting following the date the notice of appeal is received by the clerk of council, and shall report its findings to city council. The city council shall review the appeal within thirty (30) days after the date of the planning commission meeting, at a regular or a special meeting of city council.
(c)
The city council shall consider evidence presented by the owner, the administrator, and any other aggrieved person.
(d)
The council shall render its decision in writing and may affirm, reverse or modify the administrator's decision. The council's decision shall constitute the final decision of the city on the matter(s) which are the subject of the appeal.
(e)
Any person aggrieved by a final decision of the city council pursuant to this section shall have the right of review of such decision by the circuit court of the city. Any such appeal shall be filed by the aggrieved person in writing with the circuit court within thirty (30) days of the city council's final decision.
(f)
For the purposes of this section, "aggrieved person" is limited to the owner, a permittee, owners of adjacent and downstream property and any interested governmental agency or officer thereof.
(5-5-14, § 1, eff. 7-1-14)
(a)
A person shall not commence, conduct or engage in any land-disturbing activity until such person has submitted a permit application to the administrator and has obtained the administrator's approval of a permit authorizing commencement of land-disturbing activity.
(1)
The applicant shall submit with the application for a permit:
a.
A proposed erosion and sediment control plan;
b.
A proposed stormwater management plan, if required;
c.
A state general permit registration statement, if required;
d.
For the land that is proposed to be disturbed, (i) a valid, approved preliminary site plan that provides a layout, as defined in 9VAC25-870-10, or a valid approved site plan, (ii) a valid, approved preliminary subdivision plat that provides a layout, as defined in 9VAC25-870-10, or a valid, approved final subdivision plat, or (iii) for land use or construction not subject to the requirement of an approved site plan or subdivision plat, the applicant shall submit a written certification of the purpose of the proposed land-disturbing activity together with a zoning administrator determination stating that the use sought to be established on the land is permitted under applicable zoning district regulations and will comply with applicable requirements of the city's zoning and other local ordinances;
e.
Any request for exception(s) from applicable technical requirements; and
f.
Payment of required application fee(s), pursuant to section 10-10.
The administrator shall not issue any approval(s) for commencement of any land-disturbing activity until all such required submissions and plans have been received and approved.
(2)
The administrator shall act on each plan included within the application, in accordance with the following:
a.
The administrator, or any duly authorized agent of the administrator, shall promptly review the materials submitted with an application. The administrator or his agent shall determine the completeness of the application within fifteen (15) calendar days of receipt, in accordance with the procedure referenced in 9VAC25-870-108(B).
b.
The administrator or his agent shall act on a plan within the time period(s) and in accordance with the procedures referenced within 9VAC25-870-108(B). However, when a proposed erosion and sediment control plan is determined to be inadequate, notice of disapproval, stating the specific reasons for disapproval, will be communicated to the applicant within forty-five (45) days.
c.
Approval or denial of a plan shall be based on compliance with the requirements of this chapter. Any decision shall be communicated in writing to the person responsible for the land-disturbing activity or the person's agent. Where available to the applicant, electronic communication will be deemed communication in writing. If a plan meeting all of the requirements of this chapter is submitted and no action is taken within the required time period, the plan shall be deemed approved. If a plan is not approved, the reasons for not approving the plan shall be provided in writing.
d.
When all requirements have been satisfied and all required plans have been approved, the administrator shall issue a consolidated stormwater management and erosion and sediment control permit, when all of the following requirements have been satisfied:
1.
Upon the development of an online reporting system by DEQ, but no later than July 1, 2014, the administrator shall not issue a permit to authorize any land-disturbing activity until evidence has been obtained of state general permit coverage, where required; and
2.
The administrator must receive the performance guarantee(s) and other instruments and documentation specified in subparagraphs (3) through (6), following below; and
3.
All fees required by section 10-10 shall be paid by the applicant.
(3)
Prior to issuance of any approval or permit, the administrator shall require (or in the case of an agreement in lieu of a plan, may require) the applicant to submit a reasonable performance bond with surety, a cash escrow, letter of credit, any combination thereof, or such other legal arrangement acceptable to the administrator (individually, and collectively, "performance guarantee"), to ensure that measures could be taken by the city at the applicant's expense, upon the applicant's failure, after proper notice, within the time specified, to initiate or maintain appropriate actions which may be required of applicant by the approved plan(s) and permit(s) or permit conditions as a result of applicant's land-disturbing activity. Separate performance guarantees shall be established and required to assure compliance with the approved stormwater management plan and with the erosion and sediment control plan, except as provided in subparagraph (c), below.
a.
Each performance guarantee shall be effective from a date prior to the issuance of any permit or approval until sixty (60) days after completion of the requirements of approved plan(s) and permit(s) or permit conditions. The instrument(s) of security shall provide that the performance guarantee for stormwater requirements shall be and remain in effect until satisfactory completion of all permit conditions has been achieved. Within sixty (60) days of the satisfactory completion of the requirements of the permit conditions, such security, or the unexpended or unobligated portion thereof, if any, shall be refunded to the applicant or terminated.
b.
If approved by the administrator, the applicant may submit any required performance guarantee as part of, or included in, any other performance guarantee(s) required in connection with a site plan, subdivision plat or other required approval. In cases where any such consolidated performance guarantee is authorized, the administrator shall separately establish the specific amount(s) attributable to erosion and sediment control requirements, stormwater management requirements, construction of public facilities and improvements, and other activities for which a performance guarantee is to be provided.
c.
The instrument(s) of security shall provide the administrator and its authorized agents with a right of entry, for the purpose of initiating or maintaining appropriate actions that are required by the permit, or permit conditions associated with a land-disturbing activity when the applicant, a permittee, or other person responsible for carrying out the land-disturbing activities or the requirements of a permit and permit conditions, after proper notice, has failed to take acceptable action within the time specified.
d.
This requirement for performance bonding/ security is in addition to all other provisions and requirements of this article, state law and state regulations, relating to the issuance of permits, and is not intended to otherwise affect the requirements for such permits.
e.
If the administrator is required to take action upon a failure of the permittee, the administrator may collect from the permittee the difference should the amount of the reasonable cost of such action exceed the amount of the performance guarantee held by the administrator.
f.
The administrator may require submission of other materials and supporting documentation as the administrator deems necessary in order for the applicant to demonstrate that all land clearing, construction, disturbance, land development and drainage will be done according to the approved permit.
(4)
Prior to issuance of any approval or permit for land-disturbing activity involving one (1) or more acres of land, the administrator shall require the applicant to submit a stormwater pollution prevention plan (SWPPP). The SWPPP shall include the content specified by 9VAC25-870-54, 9VAC25-870-55 and 9VAC27-870-56, as well as the requirements and general information specified by 9VAC25-880-70, Section II.
a.
The SWPPP shall be amended by the operator whenever there is a change in design, construction, operation or maintenance that has a significant effect on the discharge of pollutants to state waters which is not addressed by the existing SWPPP.
b.
The SWPPP must be maintained by the operator at a central location at the site of the development. If no onsite location is available, notice of the SWPPP's location must be posted near the main entrance at the development site. Operators shall make the SWPPP available for public inspection in accordance with 9VAC25-880-70, Section II, either electronically or paper copy.
(5)
Except as provided in section 10-56(d), prior to issuance of any approval or permit for land-disturbing activity associated with development for which permanent stormwater management facilities are required, the administrator shall require the applicant to submit a proposed written instrument, in a form suitable for recordation in the city's land records, specifying long-term responsibility for and maintenance of the stormwater management facilities and other techniques specified within the proposed stormwater management plan for management of the quality and quantity of runoff.
(b)
No site plan shall be granted final approval, and no final subdivision plat shall be signed by any city board, commission, agency, department, official or employee, unless and until such final site plan or final subdivision plat includes improvements, facilities and treatments identified within a stormwater management plan approved by the administrator in accordance with this chapter.
(c)
No authorization or permit for any construction, land use or development involving any land-disturbing activity, including any grading permit, building permit, foundation permit, demolition permit, or other city-issued development permit, shall be issued by any city board, commission, agency, department, official or employee, unless and until a stormwater management plan has been approved and a permit has been issued by the administrator in accordance with this chapter.
(5-5-14, § 1, eff. 7-1-14)
(a)
The city council will, from time to time, approve a schedule of the fees and charges associated with the various applications, actions, inspections, permits and approvals required by this chapter in connection with the review of plans, issuance of VSMP and VESCP Authority permits, issuance of state general permit coverage, and implementation of the VSMP and VESCP related to land-disturbing activities. Prior to the issuance of any permit authorizing commencement of any land-disturbing activity, and prior to conducting any inspection or other action required by this chapter for which a fee is specified, the administrator shall assess, collect and administer the applicable fees and charges set forth within the most recent fee schedule adopted by city council.
(b)
The city council hereby adopts and incorporates by reference the statewide fee schedule(s) enacted by the state board pursuant to Virginia Code § 62.1-44.15:28 and 9VAC25-870-700 et seq., and said fee schedule(s) shall be deemed included within the local fee schedule referenced in paragraph (a), above. Prior to the issuance of any permit authorizing the commencement of any land-disturbing activity, the administrator shall assess, collect and administer the fees as set forth within 9VAC25-870-700-700 et seq., including, without limitation:
(1)
Fees for the modification or transfer of registration statements from the state general permit issued by the state board; provided, however, that if the state general permit modifications result in changes to stormwater management plans that require additional review by the administrator, then, in addition to the state general permit modification fee, modifications resulting in an increase in total disturbed acreage shall pay the difference between the initial permit fee paid and the permit fee that would have applied for the total disturbed acreage. No such modification fee shall be assessed to (i) permittees who request minor modifications to a state general permit, or (ii) permittees whose general permits are modified or amended at the initiative of DEQ (excluding errors in the registration statement identified by the administrator and errors related to the acreage of the site); and
(2)
Annual fees for maintenance of the state general permit, including fees on expired permits that have been administratively continued. State general permit maintenance fees shall be paid annually to the city, on or before the anniversary date of general permit coverage. State general permit maintenance fees shall apply, and shall continue to be paid, until state general permit coverage is terminated. No permit will be reissued or automatically continued without payment of the required fee for state general permit coverage.
(3)
Payment of the state's portion of the statewide permit fee shall not be required for coverage under the state general permit, for construction activity involving a single-family detached residential structure, when such activity is exempted from such fee pursuant to regulations established by the state board.
State general permit coverage and maintenance fees may apply to each state general permit holder. Persons whose coverage under the state general permit has been revoked shall apply to DEQ for an individual permit for discharges of stormwater from construction activities. All persons seeking approval of a stormwater management plan, all persons seeking coverage under the state general permit, and all permittees who request modifications to or transfers of their existing registration statement for coverage under a state general permit, shall be subject to the fees referenced within this paragraph, in addition to any separate fees that may apply under paragraph (a) of this section.
(c)
Fees shall be paid when due, by applicants, permittees, and other persons responsible for carrying out conditions of a permit. An incomplete payment will be deemed a nonpayment. Interest shall be charged for non-payments and for late payments, at the rate set forth in Virginia Code § 58.1-15, calculated on a monthly basis at the applicable periodic rate. A 10% late payment fee shall be charged to any delinquent account that is more than ninety (90) days past due. The city shall be entitled to all remedies available under the Virginia Code in collecting any past due amount.
(5-5-14, § 1, eff. 7-1-14)
(a)
The purpose of this article is to prevent degradation of properties, stream channels, waters and other natural resources of the city, by establishing requirements for the control of soil erosion, sediment deposition and nonagricultural runoff, and by establishing procedures by which these requirements shall be administered and enforced.
(b)
This chapter is authorized by the Code of Virginia, Title 62.1, Chapter 3.1 (State Water Control Law) article 2.4, § 62.1-44.15:51 et seq. (Erosion and Sediment Control Law).
(c)
This article shall apply to any land-disturbing activity within the city, except that state agency projects shall be subject to the requirements of Virginia Code § 62.1-44.15:56. Each owner of land within the city shall comply with the requirements of this article, as provided herein:
(1)
Prior to engaging in any land-disturbing activity, or allowing any land-disturbing activity to occur, on such owner's property;
(2)
At all times during any land-disturbing activity until it is completed, including all times when the land-disturbing activity is performed by a contractor engaged in construction work; and
(3)
When notified by the administrator that an erosion impact area exists on such owner's land, and the notice requires the owner to submit an erosion and sediment control plan in order to control erosion and sedimentation.
(d)
This article is intended to be interpreted, administered and enforced in conjunction with the definitions and provisions of Article I. References to "this article", and references to "provisions of this article" shall be deemed to include (i) the provisions of Article I of this chapter, and (ii) the provisions, criteria, and requirements of each federal or state statute, regulation, standard and specification adopted or referred to within Articles I and II of this chapter.
(5-5-14, § 2, eff. 7-1-14)
(a)
The determination of whether an activity is a land-disturbing activity for purposes of this article shall be made by the administrator. Except as may otherwise be required by federal or state law or regulations, the term "land-disturbing activity" shall not include:
(1)
Disturbed land areas of less than six thousand (6,000) square feet;
(2)
Home gardens, individual home landscaping, repairs or maintenance work;
(3)
Individual service connections; administrator;
(4)
Installation, maintenance, or repair of any underground public utility lines, when such activity occurs on an existing hard surfaced road, street or sidewalk, provided the activity is confined to the area of the road, street or sidewalk that is hard surfaced;
(5)
Septic tank lines or drainage fields, unless included in an overall plan for land-disturbing activity relating to construction of a building to be served by the septic tank system;
(6)
Surface or deep mining operations and projects, or oil and gas operations and projects, conducted in accordance with a permit issued pursuant to Code of Virginia Title 45.1; however, such activities shall not be conducted unless allowed by the city's zoning ordinance;
(7)
Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations, or as additionally set forth by the state Board in regulation, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with Code of Virginia § 10.1-1100 et seq., or is converted to bona fide agricultural or improved pasture use, as described in subsection B of § 10.1-1163. Such activities shall not be conducted unless allowed by the city's zoning ordinance.
(8)
Agricultural engineering operations, including but not limited to the construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the provisions of the Dam Safety Act (§ 10.1-604 et seq.), ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation. Such activities shall not be conducted unless allowed by the city's zoning ordinance.
(9)
Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of a railroad company;
(10)
Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles;
(11)
Shoreline erosion control projects on tidal waters when all of the land-disturbing activities are within the regulatory authority of and approved by local wetlands boards, the Marine Resources Commission, or the United States Army Corps of Engineers; however, any associated land that is disturbed outside of this exempted area shall remain subject to this article and the regulations adopted pursuant thereto; and
(12)
Emergency work to protect life, limb, or property, and emergency repairs; however, if the land-disturbing activity would have required an approved erosion and sediment control plan if there were no emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirements of this article.
(b)
Upon the determination by the administrator that an activity is a land-disturbing activity the owner shall submit an erosion and sediment control plan to the administrator for review and approval, and shall otherwise take all actions necessary to comply with the requirements of this article.
(c)
Whenever land-disturbing activity involves activity at a separate location (including but not limited to borrow and disposal areas), the administrator may either:
(1)
Consider the off-site activity as being part of the proposed land-disturbing activity; or
(2)
If the off-site activity is already covered by an approved erosion and sediment control plan, the administrator may require the applicant to provide proof of such approval and to certify that the plan will be implemented in accordance with the requirements of this article.
(d)
An erosion and sediment control plan shall be submitted and approved for a development and the buildings constructed within, regardless of the phasing of construction.
(5-5-14, § 2, eff. 7-1-14)
(a)
In order to prevent further erosion, the administrator may require submission and approval of an erosion and sediment control plan for any land determined to be an erosion impact area, regardless of the size of such area. The determination of whether an erosion impact area exists shall be rendered by the administrator.
(b)
The administrator shall determine whether an erosion impact area exists on a property. The administrator shall make this determination after an investigation initiated by the administrator or upon the complaint of any citizen.
(c)
Upon making a determination that an erosion impact area exists, the administrator shall immediately notify the owner of the property, in writing, of the determination. The notice shall be served by certified mail to the address of the owner based on the most recent tax records of the city, or by personal delivery. The written notice shall (i) instruct the owner to submit an erosion and sediment control plan for review and approval as provided in this article, and (ii) state the date by which the plan must be submitted.
(d)
Upon receipt of the notice required by this section the owner shall submit to the administrator for approval an erosion and sediment control plan designed to prevent further erosion, and the owner shall in all other aspects comply with the requirements of the notice and of this article. The owner shall not permit any portion of the land that is the subject of the notice to remain in a condition such that soil erosion and sedimentation causes reasonably avoidable damage or harm to adjacent or downstream property, roads, streams, lakes or ponds.
(e)
For good cause shown, the administrator may grant to an owner an extension of time to comply with the requirements of this section and this article.
(5-5-14, § 2, eff. 7-1-14)
No person shall engage in any land-disturbing activity within the city until an erosion and sediment control plan has been approved and a land-disturbing permit has been issued by the administrator in accordance with section 10-9 of the city code. The land-disturbing permit is required in addition to any other approval required by this chapter, by the city's zoning or subdivision ordinances, or from the city's building official (including, without limitation, any building permit, foundation permit, or demolition permit).
(5-5-14, § 2, eff. 7-1-14)
Whenever a land-disturbing activity is proposed to be conducted by a contractor performing construction work pursuant to a construction contract, the preparation, submission and approval of the required erosion and sediment control plan shall be the responsibility of the owner of the land.
(5-5-14, § 2, eff. 7-1-14)
Pursuant to Code of Virginia § 62.1-44.15:54 the city hereby adopts the regulations, references, guidelines, standards and specifications promulgated by the state board, and the City's Design and Standards Manual, for the effective control of soil erosion and sediment deposition to prevent the unreasonable degradation of properties, stream channels, waters and other natural resources. Said regulations, references, guidelines, standards and specifications for erosion and sediment control are included in but not limited to the Virginia Erosion and Sediment Control Regulations set forth within the Virginia Administrative Code at 9VAC25-840-10 et seq. and the Virginia Erosion and Sediment Control Handbook, including all amendments thereto. The regulations, references, guidelines, standards and specifications referenced within this paragraph shall be used (i) by an applicant when preparing and submitting an erosion and control plan for review and approval of the administrator under the provisions of this article, and (ii) by the administrator, in considering the adequacy of a submitted plan.
(5-5-14, § 2, eff. 7-1-14)
Fees shall be submitted at the time of filing any erosion and sediment control plan, and thereafter, as specified within the most recent fee schedule approved by city council. Each re-submission of a plan following rejection by the administrator shall constitute a new application requiring an additional application fee.
(5-5-14, § 2, eff. 7-1-14)
(a)
No person shall engage in any land-disturbing activity until such person has submitted to the administrator for review and approval an erosion and sediment control plan, along with an application for a land-disturbing permit in accordance with Article I.
(b)
The owner shall submit four (4) copies of an erosion and sediment control plan that satisfies the requirements of this section, and a certification stating that all requirements of the approved plan will be complied with.
(c)
The standards contained within the regulations, and within the Virginia Erosion and Sediment Control Handbook, as amended, and the City's Standards and Design Manual, shall be used by the applicant in preparing and submitting an erosion and sediment control plan.
(d)
The administrator may require additional information as may be necessary for its complete review of the plan.
(e)
In lieu of paragraphs (b)—(d), above, where land-disturbing activity will involve land under the jurisdiction of more than one (1) locality's program, an erosion and sediment control plan, at the option of the applicant, may be submitted to the state board or its agent (DEQ) for review and approval, rather than to each locality.
(f)
In lieu of paragraphs (b)—(d), above, any person engaging in the creation and operation of wetland mitigation banks in multiple jurisdictions, which have been approved and are operated in accordance with applicable federal and state guidance, laws, or regulations for the establishment, use, and operation of mitigation banks, pursuant to a permit issued by the Department of Environmental Quality, the Marine Resources Commission, or the U.S. Army Corps of Engineers, may, at the option of that person, file general erosion and sediment control specifications for wetland mitigation banks annually with the DEQ for review and approval consistent with guidelines established by the board.
(g)
Pursuant to Virginia Code § 62.1-44.15:55(D), electric, natural gas and telephone utility companies, interstate and intrastate natural gas pipeline companies shall, and railroad companies shall, and authorities created pursuant to Code of Virginia § 15.2-5102 may, file general erosion and sediment control specifications annually with the Board for review and approval.
(5-5-14, § 2, eff. 7-1-14)
Each erosion and sediment control plan submitted pursuant to this article shall be reviewed and approved as provided herein:
(1)
The plan shall be submitted along with the application required by section 10-9 of Article I, and shall be reviewed by the administrator to determine its compliance with the requirements of this article and with applicable state laws and regulations.
(2)
During review of the plan the administrator may correspond with the owner from time to time to review and discuss the plan with the owner, and may require additional information from the owner as necessary in order for the plan to be approved.
(3)
The administrator shall review erosion and sediment control plans submitted, and shall either grant written approval or written notice of disapproval in accordance with the time periods and other requirements set forth within Code of Virginia § 62.1-44.15:55 and Article I of this chapter.
(4)
Applicants for land-disturbing permits may be required to provide a performance bond, cash escrow or other financial guarantee, determined in accordance with section 10-9 of this chapter, to ensure that measures could be taken by the administrator at the applicant's expense should the applicant fail, after proper notice, within the time specified, to initiate or maintain appropriate measures required by the approved erosion and sediment control plan as a result of applicant's land-disturbing activity.
(5)
If the owner is required to obtain approval of a site plan or subdivision plat for a development, the administrator shall not approve an erosion and sediment control plan or authorize the commencement of any land-disturbing activity, unless and until the site plan or plat has received final approval as provided by law. Notwithstanding the foregoing, the administrator may approve an erosion and sediment control plan and may authorize commencement of land-disturbing activity, prior to approval of a required final site plan or final subdivision plat only in the following circumstances:
a.
To correct any existing erosion or other condition conducive to excessive sedimentation which is occasioned by any violation of this chapter or by accident, act of God, or other cause beyond the control of the owner, provided that the activity proposed shall be strictly limited to the correction of such condition;
b.
To install underground public utility mains, interceptors, transmission lines and trunk lines for which plans have previously been approved by the operating public utility or public service corporation and have previously been approved by the city as being substantially in accord with the comprehensive plan, where required by Code of Virginia § 15.2-2232.
(5-5-14, § 2, eff. 7-1-14)
The administrator may waive or modify any of the standards that are deemed inappropriate or too restrictive for site conditions, by granting a variance. A variance may be granted under these conditions:
(1)
At the time of plan submission, an applicant may request a variance to become part of the approved erosion and sediment control plan. The applicant shall explain the reasons for requesting variances in writing. Specific variances which are allowed by the administrator shall be documented in the plan.
(2)
During construction, the person responsible for implementing the approved plan may request a variance in writing from the administrator. The administrator shall respond in writing either approving or disapproving such a request. If the administrator does not approve a variance within ten (10) days of receipt of the request, the request shall be considered to be disapproved. Following disapproval, the applicant may resubmit a variance request with additional documentation.
(3)
The administrator shall consider variance requests judiciously, keeping in mind both the need of an applicant to maximize cost effectiveness and the public interest and need to protect off-site properties and resources from damage.
(5-5-14, § 2, eff. 7-1-14)
(a)
If land-disturbing activity is for the purpose of establishing or modifying a single-family detached dwelling, then, in lieu of an erosion and sediment control plan, the administrator may enter into a contract with the property owner that specifies conservation measures that must be implemented in the construction of the single-family dwelling.
(b)
In determining whether to allow an agreement in lieu of a plan, the administrator shall consider the potential threat to water quality and to adjacent land resulting from the land-disturbing activity, as well as applicable provisions of state law and regulations. When an agreement in lieu of a plan is authorized and approved by the administrator, the administrator and the owner shall have all of the rights, responsibilities and remedies set forth in this article as though such agreement in lieu of a plan was an erosion and sediment control plan.
(c)
The administrator may waive the requirement for a responsible land disturber holding a certificate of competence, in connection with an agreement in lieu of a plan for construction of a single-family residence. If a violation occurs during the land-disturbing activity, then the person responsible for carrying out the agreement in lieu of a plan shall correct the violation and shall provide the name of an responsible land disturber holding a certificate of competence, as provided by Code of Virginia § 62.1-44.15:55.
(5-5-14, § 2, eff. 7-1-14)
The administrator may require changes to an approved erosion and sediment control plan, and require an owner to submit an amended plan, in the following circumstances:
(1)
An inspection reveals that the plan is inadequate to satisfy the requirements of this article;
(2)
The person responsible for carrying out the plan finds that, because of changed circumstances, or for other reasons, the approved plan cannot be effectively carried out and proposed amendments to the plan, consistent with the requirements of this article are agreed to by the administrator and the person responsible for carrying out the plan; or
(3)
In the event that land-disturbing activity has not commenced during the one hundred eighty-day period following plan approval, or if land-disturbing activity pursuant to an approved plan has ceased for more than one hundred eighty (180) days, the administrator may evaluate the existing approved erosion and sediment control plan to determine whether the plan still satisfies the requirements of this article and state erosion and sediment control criteria, and to verify that all design factors are still valid. If the administrator finds the previously approved plan to be inadequate, a modified plan shall be submitted for approval by the administrator prior to the commencement or resumption of land-disturbing activity.
(5-5-14, § 2, eff. 7-1-14)
Upon approval by the administrator of an erosion and sediment control plan, each owner shall:
(1)
Comply with the approved plan when performing, or allowing to be performed, any land-disturbing activities, or activities to correct an erosion impact area;
(2)
Maintain and repair all erosion and sediment control structures and systems to ensure continued performance of their intended function;
(3)
Comply with all requirements of this article, and with applicable state laws and regulations; and
(4)
Provide the name of a responsible land disturber, as defined in Article I of this chapter, who will be in charge of and responsible for carrying out the land-disturbing activity.
(5-5-14, § 2, eff. 7-1-14)
(a)
As a condition of approval of an erosion and sediment control plan, the administrator may require the person responsible for carrying out the plan to monitor the land-disturbing activity as provided herein:
(1)
Any monitoring conducted shall be for the purpose of ensuring compliance with the erosion and sediment control plan, and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation.
(2)
The condition requiring monitoring and reporting shall state: (i) the method and frequency of such monitoring, and (ii) the format of the report and the frequency for submitting reports.
(3)
The person responsible for carrying out the plan will maintain records of inspections and maintenance, to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation.
(b)
The administrator shall periodically inspect the land-disturbing activity in accordance with 9VAC25-840-60, to assure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation as provided herein. The owner, permittee, or person responsible for carrying out the plan shall be given notice of the inspection.
(1)
Monitoring, reports and inspections required by the administrator shall be conducted in accordance with the requirements of Code of Virginia § 62.1-44.15:58 and 62.1-44.15:60, and applicable provisions of state regulations.
(2)
If the administrator determines that there is a failure to comply with the approved plan, notice shall be served on the permittee or person responsible for carrying out the plan, in accordance with the requirements of Code of Virginia § 62.1-44.15:58. Upon failure to comply within the specified time, the land-disturbing permit may be revoked and the permittee or person responsible for carrying out the plan shall be deemed to be in violation of this article and shall be subject to the penalties provided herein.
(3)
Upon determination of a violation of this article the administrator may, in conjunction with or subsequent to a notice to comply, issue an order requiring that all or part of the land-disturbing activities be stopped until an approved plan or any required permits are obtained. In cases where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters, or where the land-disturbing activities have commenced without an approved plan or any required permits, such an order may be issued without regard to whether the permittee has been issued a notice to comply. Any such order shall be served in the same manner as a notice to comply. A stop-order shall have the effects, shall remain in effect, as set forth within Code of Virginia § 62.1-44.15:58. Upon completion and approval of corrective action, or obtaining an approved plan and any required permits, the order shall be lifted. Upon failure to comply with any such order within the specified time, the land-disturbing permit may be revoked and the permittee or person responsible for carrying out the plan shall be deemed to be in violation of this article and shall be subject to the penalties provided herein.
(4)
Any person violating or failing, neglecting or refusing to obey an order issued by the administrator may be compelled in a proceeding instituted in the Circuit Court of the City of Charlottesville to obey same and to comply therewith by injunction, mandamus or other appropriate remedy.
(5)
Nothing in this section shall prevent the administrator from taking any other action authorized by this article.
(5-5-14, § 2, eff. 7-1-14)
Upon a determination by the administrator that an owner has failed to comply with an approved erosion and sediment control plan, the administrator shall provide notice to a permittee or person responsible for carrying out the erosion and sediment control plan, and may issue an order requiring that all or part of the land-disturbing activities be stopped, in accordance with the provisions of Code of Virginia § 62.1-44.15:58 and applicable state regulations
(5-5-14, § 2, eff. 7-1-14)
(a)
An erosion and sediment control plan shall not be approved until it is reviewed by a certified plan reviewer.
(b)
Inspections of land-disturbing activities shall be conducted by a certified inspector.
(c)
The city's erosion and sediment control program may be carried out by one (1) or more persons; however, at all times the city's program, at a minimum, shall consist of a certified program administrator, a certified plan reviewer and a certified project inspector, who may be the same person.
(d)
The certifications required by this section shall be those granted by the state board, as set forth within Code of Virginia § 62.1-44.15:53.
(5-5-14, § 2, eff. 7-1-14)
(a)
Any person violating the provisions of this article shall, upon conviction, be guilty of a Class 1 misdemeanor.
(b)
The following may apply to the circuit court for injunctive relief to enjoin a violation or a threatened violation of this article, without the necessity of showing that an adequate remedy at law does not exist:
(1)
The city; and
(2)
The owner of property that has sustained damage or that is in imminent danger of being damaged; however, an owner of property shall not apply for injunctive relief unless (i) owner has notified in writing both the administrator and the person who has violated the provisions of this article, that a violation of this article has caused, or creates a probability of causing, damage to owner's property, and (ii) neither the person who has violated this article nor the administrator has taken corrective action within fifteen (15) days to eliminate the conditions which have caused, or create the probability of causing, damage to the owner's property.
(c)
In addition to any criminal penalties provided under this section, any person who violates any provision of this article may be liable to the city in a civil action for damages.
(d)
Any person who violates any provision of this article shall, upon a finding of the Charlottesville General District Court, be issued a civil penalty. The civil penalty for any one (1) violation shall be not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00). The civil penalty for violations listed within the schedule set forth following below shall be as set forth within the schedule. The administrator may issue a summons for collection of any civil penalty.
(1)
There is hereby established a schedule of civil penalties for certain violations of this article, and any civil penalty assessed by a court to a person who is found to have violated the sections referenced in the schedule shall be in accordance with the schedule.
_____
| Schedule of Violations Subject to Prescribed Civil Penalties
|
Section
|
Penalty
|
| Additional measures - failure to install additional measures as deemed necessary by the administrator or his inspector once work has commenced | 10-38 | $100.00 |
| Bond - failure to obtain bond | 10-36 | $100.00 |
| E&S plan - failure to submit if required by administrator | 10-35 | $1,000.00 |
| E&S plan - failure to comply with approved plan |
10-35
10-39 |
$500.00 |
| Corrections - failure to comply with mandatory corrections as issued on an E&S inspection notice or report | 10-40 | $500.00 |
| Existing conditions - failure to submit plan or provide controls after receipt of notice |
10-21
10-23 |
$500.00 |
| Inspection - failure to request at the time(s) required by approved plan |
10-39
10-24 |
$100.00 |
| Land-disturbing permit or approved plan - commencement of land-disturbing activities without an approved permit or plan |
10-31
|
$1,000.00 |
| Land-disturbing permit or approved plan - failure to comply with provisions | 10-39 | $500.00 |
| Live waterway - causing silt or debris to enter when engaged in land-disturbing activity without an approved plan and permit | 10-31 | $500.00 |
| Stop work order - failure to cease work after issuance | 10-40 | $1,000.00 |
_____
(2)
Each day during which the violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same operative set of facts result in civil penalties which exceed a total of ten thousand dollars ($10,000.00), except a series of violations arising from the commencement of land-disturbing activities without an approved plan for any site. The assessment of a civil penalty pursuant to this subsection (d) shall be in lieu of criminal sanctions and shall preclude the prosecution of such violation as a misdemeanor. In any trial for a scheduled violation, it shall be the burden of the city to show the liability of the violator by a preponderance of the evidence. An admission or finding of liability shall not be a criminal conviction for any purpose.
(e)
Without limiting the remedies which may be obtained under this section, any person violating or failing, neglecting or refusing to obey any injunction, mandamus or other remedy obtained pursuant to this section shall be subject, in the discretion of the court, to a civil penalty not to exceed two thousand dollars ($2,000.00) for each violation. A civil action for such violation or failure may be brought by the city against such person.
(f)
With the consent of any person who has violated or failed, neglected or refused to obey any regulation or order of the administrator; any condition of a permit; or any provision of this article or associated regulations, the administrator may provide, in an order issued against such person, for the payment of civil charges for violations in specific sums, not to exceed two thousand dollars ($2,000.00). Such civil charges shall be instead of any appropriate civil penalty which could be imposed under subsection (d) or (e) of this section.
(g)
Any civil penalties assessed by a court pursuant to this section shall be paid into the city treasury. However, where the violator is the locality itself, or its agent, the court shall direct the penalty to be paid into the state treasury.
(5-5-14, § 2, eff. 7-1-14)
(a)
Pursuant to Virginia Code § 62.1-44.15:27 and 9VAC25-870-20, this article is adopted to establish a Virginia Stormwater Management Program that will integrate stormwater management requirements with the city's erosion and sediment control program, the city's MS4 permit, flood insurance, floodplain management, and related federal and state permits and requirements, into a unified program. This unified program is intended to facilitate the submission and approval of plans, issuance of permits, payment of fees, and coordination of inspection and enforcement activities into a more convenient and efficient manner for both the city and those responsible for compliance.
(b)
This article is intended to be interpreted, administered and enforced in conjunction with the definitions and provisions of Article I. References to "this article", and references to "provisions of this article" shall be deemed to include (i) the provisions of Article I of this chapter, and (ii) the provisions, criteria, and requirements of each federal or state statute, regulation, standard and specification adopted or referred to within Articles I and III of this chapter.
(5-5-14, § 3, eff. 7-1-4)
(a)
No person shall engage in any land-disturbing activity until a stormwater management plan has been approved and a land-disturbing permit has been issued by the administrator in accordance with section 10-9 of the City Code.
(b)
Except as may otherwise be required by federal law, the following activities are exempt from the provisions of paragraph (a), above:
(1)
Where such uses are permitted by the city's zoning regulations: permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted under the provisions of Title 45.1 of the Code of Virginia;
(2)
Where such uses are permitted by the city's zoning regulations: the clearing of lands specifically for agricultural purposes and the management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations, or as additionally set forth by the board in regulations, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1 of the Code of Virginia or is converted to bona fide agricultural or improved pasture use as described in Subsection B of § 10.1-1163 of Article 9 of Chapter 11 of Title 10.1 of the Code of Virginia;
(3)
Where such use is permitted by the city's zoning regulations: single-family residences separately built and disturbing less than one (1) acre and not part of a larger common plan of development or sale, including additions or modifications to existing single-family detached residential structures;
(4)
Land-disturbing activities that disturb less than six thousand (6,000) square feet of land area, but only if the land area to be disturbed is not part of a common plan of development or sale;
(5)
Discharges to a sanitary sewer or a combined sewer system;
(6)
Activities under a state or federal reclamation program to return an abandoned property to an open land use, or to an agricultural use where permitted by the city's zoning ordinance;
(7)
Routine maintenance performed to maintain the original line and grade, hydraulic capacity, or original construction of a project. The paving of an existing road with a compacted or impervious surface and reestablishment of existing associated ditches and shoulders shall be deemed routine maintenance if performed in accordance with this subparagraph; and
(8)
Land-disturbing activities conducted in response to a public emergency, where the related work requires immediate authorization to avoid imminent endangerment to human health or the environment. In such situations, the administrator shall be advised of the disturbance within seven (7) days of the commencement of the land-disturbing activity and compliance with the administrative requirements of this chapter is required within thirty (30) days of commencing the land-disturbing activity.
(5-5-14, § 3, eff. 7-1-4)
Pursuant to Virginia Code §§ 62.1-44.15:27 and 62.1-44.15:49, the city hereby establishes a Virginia Stormwater Management Program (VSMP) for land-disturbing activities and adopts the regulations promulgated by the board, specifying standards and specifications for such programs. No grading, building, or other city permit, shall be issued for a property unless a permit has been issued by the administrator pursuant to section 10-9 of this chapter.
(5-5-14, § 3, eff. 7-1-4)
(a)
A person shall not commence, conduct, or engage in any land-disturbing activity until such person has submitted a stormwater management plan to the administrator as part of the application required by section 10-9 and has obtained approval of the plan and a permit from the administrator authorizing the commencement of land-disturbing activity.
(b)
Every stormwater management plan shall apply the stormwater management technical criteria set forth in section 10-54 to the entire land-disturbing activity. Individual lots within new residential, commercial or industrial subdivisions and developments shall not be considered separate land-disturbing activities, and the stormwater management plan for the entire subdivision or development shall govern the development of the individual parcels, including parcels developed under any subsequent owner(s).
(c)
Every stormwater management plan shall consider all sources of surface runoff and all sources of subsurface and groundwater flows converted to subsurface runoff; and shall include the following:
(1)
A general description of the proposed stormwater management facilities and the mechanism through which the permanent facilities will be operated and maintained after construction is complete;
(2)
Contact information, including the name, address, and telephone number of the owner and the city tax map reference(s) and parcel number(s) of the property on which the land-disturbing activity is to be conducted;
(3)
A narrative that includes (i) a description of current site conditions and (ii) a description of final site conditions upon completion of development;
(4)
Information on the type and location of stormwater discharges; information on the features to which stormwater is being discharged including surface waters or karst features, if present, and the pre-development and post-development drainage areas;
(5)
Information on the proposed stormwater management facilities, including:
a.
The type of facilities;
b.
Location, including the address, latitude and longitude, and the sixth order hydrologic unit code in which the facilities are located;
c.
Total area (expressed as acreage) treated;
d.
Impervious area (expressed as acreage) treated;
e.
Amount of pollutants removed (expressed as a number of pounds of phosphorous per year); and
f.
The surface waters or karst features, if present, into which the facility will discharge.
(6)
Hydrologic and hydraulic computations, including runoff characteristics;
(7)
Documentation and calculations verifying compliance with applicable water quality and quantity requirements. All stormwater runoff controls shall be designed and installed in accordance with the water quality and water quantity design criteria specified in section 10-54, and any additional standards or criteria set forth within the City's Standards and Design Manual;
(8)
A map or maps of the site that depicts the topography and other characteristics of the entire area of the land-disturbing activity and proposed development, including:
a.
All contributing drainage areas;
b.
Existing streams, ponds, culverts, ditches, wetlands, other water bodies, and floodplains;
c.
Soil types, geologic formations if karst features are present in the area, forest cover, and other vegetative areas;
d.
Current land use, including existing structures, roads, and locations of known utilities and easements;
e.
Sufficient information on adjoining parcels to assess the impacts of stormwater from the development site on such adjacent parcels;
f.
The limits of clearing and grading, and the proposed drainage patterns on the site;
g.
Proposed buildings, roads, parking areas, paved surfaces, utilities, and stormwater management facilities;
h.
Proposed land use(s), with tabulation of the percentage of surface area to be adapted to various uses, including but not limited to planned locations of utilities, streets, paved areas, and public and private easements; and
i.
A description of the proposed timing and/or phasing of land-disturbing activities and development.
The land area depicted in the map shall include all land within the limits of a valid, approved preliminary or final site plan, or a valid, approved preliminary or final subdivision plat, for the proposed development, and the proposed land use(s) and improvements shown on such site plan or subdivision plat shall be the same as those depicted within the map.
(9)
Any other information, materials, requirements or provisions required by state regulations, including, without limitation, 9VAC25-870-55 and the City's Standards and Design Manual.
(10)
If an operator intends to meet water quality and/or quantity requirements through the use of off-site compliance options, where applicable, then a letter of availability from the off-site provider must be included and the requirements of Virginia Code § 62.1-44.15:35 must be satisfied. Approved off-site options must achieve the necessary nutrient reductions prior to the commencement of the applicant's land-disturbing activity, except as otherwise allowed by Virginia Code § 62.1-44.15:35.
(11)
Signature and seal by a professional, if any elements of the stormwater management plan includes activities within the scope of the practice of architecture, land surveying, landscape architecture, or engineering, or other activities regulated under Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 of the Virginia Code.
(d)
If land-disturbing activity is for the purpose of establishing or modifying an individual single-family detached dwelling, then, in accordance with applicable state regulations, the administrator may enter into an agreement in lieu of a plan with a property owner. Any such agreement in lieu of a stormwater management plan shall refer to specific measures that shall be implemented by the property owner to comply with the requirements of this article for the construction of the dwelling.
(5-5-14, § 3, eff. 7-1-4)
(a)
To protect the quality and quantity of state water from the potential harm of unmanaged stormwater runoff resulting from land-disturbing activities, the city hereby adopts the following technical criteria:
(1)
The technical criteria set forth in Part II B of the Regulations, as amended, §§ 9VAC25-870-62 et seq. ("Part II B Technical Criteria"); and
(2)
The technical criteria set forth in Part II C of the Regulations, as amended, §§ 9VAC25-870-93 et seq. ("Part II C Technical Criteria").
(b)
The Part II B Technical Criteria shall apply to all regulated land-disturbing activities, except as expressly set forth in subparagraphs (c) through (h), following below.
(c)
Land-disturbing activity shall be subject to the Part II C Technical Criteria, if coverage under the state general permit was obtained, or land disturbance was otherwise lawfully commenced, prior to July 1, 2014.
(d)
Land-disturbing activity shall be considered grandfathered, and therefore subject to the Part II C Technical Criteria, as set forth within the provisions of 9VAC25-870-48.
(e)
The administrator may grant exceptions to the Part II B Technical Criteria or Part II C Technical Criteria, provided that (i) the exception is the minimum necessary to afford relief; (ii) reasonable and appropriate conditions are imposed so that the intent of the Act, the regulations, and this article are preserved; (iii) granting the exception will not confer any special privileges, and (iv) exception requests are not based upon conditions or circumstances that are self-imposed or self-created. Economic hardship alone is not sufficient reason or justification for granting an exception. Notwithstanding the foregoing, the administrator shall not have authority to approve the following:
(1)
Waiver of the requirement of a permit for any land-disturbing activity;
(2)
Permission to use any BMP not found on the Virginia Stormwater BMP Clearinghouse Website; or a waiver or exception to the requirement for any control measure specifically approved by the director of DEQ or the board, except in accordance with Virginia Code § 62.1-44.15:33(C). Notwithstanding the foregoing, the administrator may approve the use of BMPs not found on the Virginia Stormwater BMP Clearinghouse Website for projects less than one (1) acre in size; or
(3)
Exceptions to, or waiver of, post-development nonpoint nutrient runoff compliance requirements, unless the administrator determines that offsite options permitted pursuant to 9VAC25-870-69 have been considered and found not available.
(f)
Nothing in this section shall preclude construction of a stormwater management facility or BMP, or implementation of any technique or practice, to a more stringent standard at the developer's option.
(5-5-14, § 3, eff. 7-1-4)
(a)
Every land-disturbing permit approved by the administrator for activities regulated by this article shall be subject to the following conditions, which shall be deemed incorporated into such permit, as if set forth therein verbatim:
(1)
The permittee shall take all reasonable steps to minimize or prevent any discharge that has a reasonable likelihood of adversely affecting human health or the environment;
(2)
The permittee shall at all times conduct land-disturbing activities in accordance with the approved stormwater management plan and, when required, the SWPPP and all of its component parts and requirements;
(3)
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control, and all related appurtenances, that are constructed, installed or used to achieve compliance with the requirements of this article and the approved stormwater management plan. Proper operation and maintenance includes adequate laboratory controls and appropriate quality assurance procedures;
(4)
The permittee shall promptly furnish to the administrator any information that the administrator may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit, or to determine compliance with the permit, or to determine the effect of a discharge on the quality of state waters, or such other information as the administrator deems necessary to accomplish the purposes of this article;
(5)
The permittee shall allow the administrator, or an authorized representative, to:
a.
Enter upon the site where regulated land-disturbing activity or stormwater management facility is located, or where records are required to be kept;
b.
Have access to and copy, at reasonable times, any records kept by the permittee in relation to the conduct and operations of any land-disturbing activity and the design, specifications, installation, construction, and operation of stormwater management facility;
c.
Sample or monitor, at reasonable times, for the purposes of determining compliance with requirements of this article, any substances or parameters at any location within the site;
(6)
Samples and measurements taken by the permittee for the purpose of monitoring shall be representative of the monitored activity. Monitoring results must be conducted according to test procedures and methods accepted by the state; analysis or analyses required to be performed by a laboratory shall be performed by an environmental laboratory certified under regulations adopted by the state's department of general services. Monitoring results shall be reported to the administrator on a discharge monitoring report (DMR) form provided by the administrator. If the permittee monitors any pollutant more frequently than required, using test procedures accepted by the state, the results of such monitoring shall be included in the calculation and reporting of data submitted within a required discharge monitoring report;
(7)
The permittee shall retain records of all monitoring, including all monitoring information, calibration and maintenance records, and original strip chart recordings for continuous monitoring instrumentation, copies of monitoring reports, and records of all data used to complete any submission required by this article. In addition to the foregoing, records of monitoring shall include:
a.
Date, exact place, and time of sampling or measurements;
b.
Identity of the individual(s) who performed the sampling or measurements;
c.
The date(s) on which analyses were performed;
d.
The analytical technique(s) or method(s) used;
e.
Results of analysis/ analyses; and
f.
Copies of discharge monitoring reports.
(8)
The permittee shall give advance notice to the administrator:
a.
Of any planned physical alteration(s) or addition(s) to the site or to the stormwater management facilities described within the permit, when such alteration(s) or addition(s) may meet state criteria for determining whether a facility is a new source, or when such alteration(s) or addition(s) could significantly change the nature of, or increase the quantity of, pollutants discharged.
b.
Of any planned changes to the stormwater management facilities described within the permit, and
c.
Of any activity that may result in noncompliance with the requirements of this article or with any of the conditions set forth within this section;
(9)
The permit issued by the administrator is not transferable to any other person, unless the permittee provides evidence to the administrator that the requirements of 9VAC25-870-620 have been satisfied in relation to a transfer of any required state general permit;
(10)
Reports of compliance or noncompliance with, or any progress reports in regard to, any compliance schedule established by the administrator shall be submitted no later than fourteen (14) days following each schedule date;
(11)
The permittee shall immediately report any noncompliance which may endanger health or the environment. Information regarding any such noncompliance shall be provided orally within twenty-four (24) hours after the permittee becomes aware of the circumstances. The oral report shall be followed by a written report, which must be received by the administrator no later than five (5) days after the permittee became aware of the circumstances. The written report shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and, if the noncompliance has not been corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. Examples of noncompliance that require reports pursuant to this condition include, without limitation: any unanticipated bypass that exceeds an applicable effluent limitation; any upset that exceeds an applicable effluent limitation; and violation of a maximum daily discharge limitation for any pollutants required by the state to be reported within twenty-four (24) hours.
(12)
Any noncompliance not reported under conditions (9) or (10), above, shall be reported by the permittee to the administrator in writing at the time the next monitoring report is submitted to the administrator. The report of noncompliance shall contain the same information required for reports made pursuant to condition (10), above;
(13)
Where the land-disturbing activity is also subject to coverage under the state general permit, or other state permit, the permittee shall comply with all conditions and requirements of such state permit(s), including, without limitation, those conditions set forth within 9VAC25-870-430. The permittee shall provide to the administrator copies of submissions, reports, and information required to be given to the state, simultaneously with transmittal to the state. In addition to any remedies under state law and the regulations, state permit noncompliance shall be grounds for enforcement action under this article, and for termination, revocation, reissuance or modification of the permit issued by the administrator pursuant to section 10-9 of Article I;
(14)
All applications, reports and information submitted to the administrator shall be signed and certified in the manner, and by such person(s) prescribed within 9VAC25-870-370;
(15)
In the event the permittee becomes aware that it failed to submit any relevant facts in any application to the administrator for a permit, or that it submitted incorrect information to the administrator in any application, or any other submission, report, or document required by this article, the permittee shall promptly submit the relevant facts or correct information to the administrator;
(16)
All stormwater management control devices and facilities, and other techniques for management of the quality and/or quantity of stormwater runoff, shall be designed, installed, implemented, constructed and maintained in accordance with the approved stormwater management plan approved for the development and all other applicable requirements of this article; and
(17)
The permit issued by the administrator may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a modification, revocation and reissuance or termination, or a notification of planned changes or anticipated noncompliance, shall not operate as a stay of the permittee's obligation to perform the requirements of any condition referenced in this section.
(b)
Within sixty (60) days of the completion of the requirements of all of the permit conditions, the performance guarantee required by section 10-9(3), or the unexpended or unobligated portion thereof, will be refunded or terminated.
(5-5-14, § 3, eff. 7-1-4)
(a)
The administrator shall require the provision of long-term responsibility for and maintenance of stormwater management facilities and other techniques specified to manage the quality and quantity of stormwater. Such requirements shall be set forth in an instrument recorded in the local land records prior to permit issuance. Every such instrument shall:
(1)
Be submitted to the administrator for review and approval prior to the approval of the stormwater management plan;
(2)
Include an express statement that the maintenance responsibility shall run with the land;
(3)
Provide a right of ingress and egress to and from stormwater management facilities and other techniques, sufficient to provide all necessary access to the property for purposes of maintenance and regulatory inspections;
(4)
Provide for inspections and maintenance and the submission of inspection and maintenance reports to the administrator; and
(5)
Clearly recognize a right of enforcement by all appropriate public bodies, including state and local authorities.
(b)
Except as provided below, the city shall have no responsibility for maintenance or repair of stormwater management facility, BMP or other technique (individually and collectively, a "facility") designed and implemented to manage the quality and quantity of stormwater. Acceptance or approval of an easement, subdivision plat, site plan or other plan of development shall not constitute acceptance by the city or the administrator of responsibility for the maintenance, repair or replacement of any such facility. As used in this paragraph, "maintenance, repair or replacement" shall include, without limitation, cleaning of the facility, maintenance of property adjacent to the facility, installation, repair or replacement of fencing surrounding a facility, and posting of signs indicating the name of the entity responsible for maintenance of the facility.
(1)
In the event that any common interest community, as defined in Virginia Code § 55-528, desires to cede or transfer responsibility for maintenance, repair and replacement of a stormwater management facility, or other technique for management of the quality and quantity of stormwater, to the city, (i) the common interest community and city council must enter into a written contract, or other instrument, executed by both parties, and (ii) prior to execution of any contract or instrument, the city council shall have accepted the responsibility ceded or transferred by the common interest community by resolution.
(2)
In the event that any person, including any entity other than a common interest community, desires to cede or transfer responsibility for maintenance, repair and replacement of a facility to the city, the process for the city's approval and acceptance of such responsibility shall be the same as specified in subparagraph (b)(1), preceding above.
(c)
No facility shall be identified on any subdivision plat, site plan or other plan of development, as being dedicated for public use, unless such facility is to be constructed as part of the city-owned and -operated public storm sewer system, and is subject to a performance guarantee requiring the facility to be designed and constructed in accordance with city standards.
(d)
If the administrator (i) has developed a strategy for addressing maintenance of stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which such facilities are located, and (ii) is satisfied that there an enforceable mechanism exists by which future maintenance of such facilities will be addressed, then the recorded instrument referenced in paragraph (a), above, need not be required for stormwater management facilities designed for and implemented to treat stormwater runoff from such individual residential lot.
(5-5-14, § 3, eff. 7-1-4)
(a)
The administrator, or any authorized agent of the administrator, shall inspect land-disturbing activity during construction for:
(1)
Compliance with the approved erosion and sediment control plan;
(2)
Compliance with the approved stormwater management plan and applicable permit conditions;
(3)
Development, modification, updating, and implementation of a SWPPP, including, without limitation, any component pollution prevention plan, when required; and
(4)
Development, modification, updating, and implementation of any additional control measures necessary to address a TMDL.
(b)
Following completion of the installation or construction of stormwater management facilities, the administrator shall conduct periodic inspections, to determine whether measures are being maintained as provided in the approved plan, or to investigate a complaint pertaining to the plan. Such post-construction inspections shall be conducted by the administrator at least once every five (5) years.
(c)
A construction record drawing shall be submitted to the administrator upon completion of the installation or construction of any permanent stormwater management facility or facilities, including, without limitation, permanent BMPs. The construction record drawing shall be signed and sealed by a licensed professional, as defined in section 10-5, and shall contain a certification of such professional that the stormwater management facility or facilities have been constructed in accordance with the approved stormwater management plan.
(d)
Consistent with the authority conferred within Virginia Code § 62.1-44.15:39, the administrator, or an authorized agent of the administrator, may, at reasonable times and under reasonable circumstances, enter any site or property, for the purpose of obtaining information or conducting surveys or investigations necessary in the enforcement of the provisions of this article.
(e)
The administrator may also enter any establishment or upon any property, public or private, at reasonable times and under reasonable circumstances, for the purpose of initiating or maintaining appropriate actions which are required by the permit conditions associated with a land-disturbing activity, when a permittee, after proper notice, has failed to take acceptable action within the time specified.
(f)
Pursuant to Virginia Code § 62.1-44.15:40, the administrator may require every permit applicant or permittee, any operator, or any other person subject to permit requirements, to furnish when requested such application materials, plans, specifications, and other pertinent information as may be necessary to determine the effect of his discharge on the quality of state waters, or such other information as may be necessary to accomplish the purposes of this article.
(5-5-14, § 3, eff. 7-1-4)
(a)
The administrator may require that an approved stormwater management plan be amended, within a time prescribed by the administrator, to address any deficiencies noted during any inspection.
(b)
Any modification(s) of an approved stormwater management plan shall be allowed only after review and written approval of the administrator. Following receipt of a complete request, supported by such information deemed necessary by the administrator to determine compliance with the requirements of this article and Article I, the administrator shall have sixty (60) days to act on the request, either by approval or by disapproval set forth in writing. The administrator's review and decision shall be based on the requirements set forth within the regulations, and those set forth within this article and within Article I.
(5-5-14, § 3, eff. 7-1-4)
(a)
If the administrator determines that there is a failure to comply with a permit or any permit conditions, or if the administrator determines there is an unauthorized discharge, the administrator shall serve notice upon the permittee or other person responsible for carrying out the permit conditions, by any of the following: verbal warnings, written inspection reports, notices of corrective action, consent special orders, and notices to comply. Written notices shall be served by mailing with confirmation of delivery to the address specified in the permit application, or by delivery at the site of the land-disturbing activities, to the agent or employee supervising such activities.
(1)
The notice shall specify the measures needed to comply with the permit conditions and shall specify the time within which such measures shall be completed. Upon failure to comply within the time specified, a stop work order may be issued, or the permit may be revoked by either the administrator or the board.
(2)
If a permittee fails to comply with a notice issued in accordance with this section within the time specified, the administrator may issue an order ("stop work order") requiring the owner, permittee, person responsible for carrying out an approved plan, or the person conducting the land-disturbing activities without an approved plan or required permit, to cease all land-disturbing activities until the violation of the permit has ceased, or an approved plan and required permits are obtained, and specified corrective measures have been completed. A stop work order shall be in writing, and shall become effective upon service on the person (i) by mailing, with confirmation of delivery, sent to the person's address specified in the land records of the city, or (ii) by personal delivery by an agent of the administrator. However, if the administrator finds that any violation is grossly affecting or presents an imminent and substantial danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth, or is otherwise substantially impacting water quality, it may issue, without advance notice or hearing, an emergency stop work order directing such person to cease immediately all land-disturbing activities on the site and shall provide an opportunity for a hearing, after reasonable notice as to the time and place thereof, to such person, to affirm, modify, amend, or cancel such emergency order. If a person who has been issued a stop work order is not complying with the terms thereof, the administrator may institute a proceeding for an injunction, mandamus, or other appropriate remedy in accordance with this section.
(b)
Any person violating or failing, neglecting, or refusing to obey any provision of this article, any order issued hereunder, or any permit condition, may be compelled in a proceeding instituted in the circuit court for the City of Charlottesville to obey same and to comply therewith by injunction, mandamus or other appropriate remedy, as set forth within Virginia Code §§ 62.1-44.15:42 and 62.1-44.15:48(D). If the administrator applies to a court to enjoin a violation or a threatened violation of the provisions of this article, the administrator shall not be required to show that an adequate remedy at law exists.
(c)
A person who violates this article may be subject to criminal prosecution and criminal penalties, as follows:
(1)
Any person who willfully or negligently violates any provision of this article, any regulation or order of the board, any order of the administrator, any order of DEQ, any permit condition, or any order of a court, shall be guilty of a misdemeanor punishable by confinement in jail for not more than twelve (12) months and a fine of not less than two thousand five hundred dollars ($2,500.00) nor more than thirty-two thousand five hundred ($32,500.00), either or both. A defendant that is not an individual shall, upon conviction of a violation under this subsection be sentenced to pay a fine of not less than ten thousand dollars ($10,000.000.
(2)
Any person who knowingly violates any provision of this article, any regulation or order of the board, any order of the administrator or of DEQ, or any permit condition, or any order of a court issued as herein provided, or who knowingly makes any false statement in any application, form or submission required by this article, or who knowingly renders inaccurate any monitoring device or method required to be maintained, shall be guilty of a felony punishable by a term of imprisonment of not less than one (1) year nor more than three (3) years, or in the discretion of the jury, or the court trying the case without a jury, confinement in jail for not more than twelve (12) months and a fine of not less than five thousand dollars ($5,000.00) or more than fifty thousand dollars ($50,000.00) for each violation. A defendant that is not an individual shall, upon conviction of a violation under this subsection be sentenced to pay a fine of not less than ten thousand dollars ($10,000.00)
(3)
Any person who knowingly violates any provision of this article, and who knows at that time that he or she thereby places another person in imminent danger of death or serious bodily harm, shall, upon conviction, be guilty of a felony punishable by a term of imprisonment of not less than two (2) years or more than fifteen (15) years and a fine of not more than two hundred fifty dollars ($250,000), either or both. A defendant that is not an individual shall, upon conviction of a violation under this provision, be sentenced to pay a fine not exceeding the greater of one million dollars ($1,000,000.00) or an amount that is three (3) times the economic benefit realized by the defendant as a result of the offense. The maximum penalty shall be doubled with respect to both fine and imprisonment, for any subsequent conviction of the same person under this provision.
(d)
Any person who violates any provision of this article, any order issued hereunder, or any permit condition, shall be subject to a civil penalty imposed by the administrator, not to exceed thirty-two thousand five hundred dollars ($32,500.00) per day for each violation. Each day a violation continues shall constitute a separate offense. The administrator may issue a summons for collection of the civil penalty and the action may be prosecuted in the appropriate court.
(1)
Violations for which a penalty may be imposed under this paragraph (e) shall be as follows:
a.
No state permit registration;
b.
No approved stormwater management plan;
c.
No SWPPP; an incomplete SWPPP; SWPPP not available for review at the site;
d.
No approved erosion and sediment control plan;
e.
Failure to install stormwater BMPs or erosion and sediment controls;
f.
Stormwater BMPs or erosion and sediment controls improperly installed or maintained;
g.
Failure to conduct land-disturbing activity in accordance with operational requirements established by regulations or by this chapter;
h.
Failure to conduct required inspections;
i.
Incomplete, improper, or missed inspections; and
j.
Discharges not in compliance with the requirements of Section 9VAC50-60-1170 of the state general permit.
(2)
Any civil penalties assessed by a court as a result of a civil summons issued by the administrator shall be paid into the treasury of the city, to be used as specified within Virginia Code § 62.1-44.15:48(A).
(e) With the consent of any person who has violated or failed, neglected or refused to obey any provision or requirement of this article or any regulation, statute, ordinance, standard or specification referenced herein, or any permit, or any permit condition, the administrator may provide, in an order issued against such person, for the payment of civil charges for violations in specific sums, not to exceed the limit specified in paragraph (d), above. Any such civil charges shall be instead of any civil penalty that could be imposed under this section. Any civil charges collected shall be paid into the treasury of the city, to be used as specified within Virginia Code § 62.1-44.15:48(A).
(5-5-14, § 3, eff. 7-1-4)
(a)
Except as otherwise provided in this article, any land adjacent to the following listed waters, shall provide buffers for the purposes of retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff:
(1)
Rivanna River;
(2)
Moore's Creek;
(3)
Meadow Creek.
(b)
A required stream buffer shall be no less than one hundred (100) feet wide on each side of the stream, which buffer shall be measured horizontally from the top of the stream bank.
(c)
Existing stream buffers shall be retained, except as allowed in section 10-74(d).
(d)
Each required stream buffer shall be maintained and incorporated into the design of the land development to the fullest extent possible.
(e)
Within a required stream buffer, no indigenous vegetation shall be disturbed or removed, except as follows:
(1)
Activities pertaining to the management of the stream buffer, identified in section 10-72 of this article;
(2)
Development activities authorized in a stream buffer, identified in section 10-74;
(3)
Activities authorized in section 10-73;
(4)
Tilling, planting or harvesting of agricultural or horticultural crops in home gardens.
(f)
With respect to developments that are required to have an approved site plan, and involving land containing existing and/or required stream buffers, contour lines shall be shown at two-foot intervals. In any case where any proposed development requires an approved plan other than a site plan, the location of existing and required stream buffers shall be shown on such plan.
(9-20-04, § 1)
Each stream buffer required to be established or maintained pursuant to this article shall be managed as provided herein:
(1)
The target vegetative cover in a stream buffer area shall be an indigenous riparian forest with ground cover, shrub and tree canopy layers.
(2)
Within twenty-five (25) feet of the top of the stream bank:
a.
Indigenous riparian vegetation shall be preserved, or, where it does not exist, it shall be restored or allowed to evolve by natural succession;
b.
Dead, diseased, and dying trees may be removed;
c.
Fallen trees that are blocking stream channels, or trees with undermined root systems in imminent danger of falling, may be removed where stream bank erosion is a current or potential problem that outweighs any positive effects the fallen tree or trees may have on the stream ecosystem;
d.
Removal or pruning of invasive shrub and vine species is allowed, provided that such removal or pruning is done in a manner that prevents erosion;
e.
Unpaved pathways and trails may be constructed and maintained in a manner that will effectively control erosion and to minimize adverse impacts to the buffer, subject to applicable provisions of section 10-74, below; and
f.
Stormwater channels may be constructed and maintained in a manner that will prevent erosion and minimize adverse impacts to the buffer.
(3)
Beyond twenty-five (25) feet from the top of the stream bank to the limits of the required buffer:
a.
Dead, diseased and dying trees may be removed;
b.
Trees six (6) inches in diameter or greater, measured forty-eight (48) inches from the ground, shall be preserved;
c.
Removal or pruning of invasive shrub and vine species shall be allowed, provided that such removal or pruning is done in a manner that prevents erosion; and
d.
Unpaved pathways and trails may be constructed and maintained in a manner that will effectively control erosion and minimize adverse impacts to the buffer, subject to applicable provisions of section 10-74, below.
e.
Stormwater channels may be constructed and maintained in a manner that will prevent erosion and minimize adverse impacts to the buffer.
(9-20-04, § 1)
The following types of development shall not be required to retain, establish or manage a stream buffer, provided that the requirements of this section are satisfied:
(1)
The construction, installation, operation and maintenance of electric, gas and telephone transmission lines, railroads, and activities of the Virginia Department of Transportation, and their appurtenant structures, which are accomplished in compliance with the Erosion and Sediment Control Law (Virginia Code § 10.1-560 et seq.) or an erosion and sediment control plan approved by the Virginia Soil and Water Conservation Board.
(2)
The construction, installation and maintenance by public agencies of water, sewer, electric and gas lines, including lines constructed by private entities for dedication to public agencies, provided that:
a.
To the extent practical, the location of such lines shall be outside required stream buffer areas;
b.
No more land shall be disturbed than is necessary to construct, install and maintain the water or sewer lines; and
c.
Construction, installation and maintenance of such lines shall comply with applicable federal, state and local requirements and permits and be conducted in a manner that protects water quality.
(9-20-04, § 1)
If otherwise authorized by applicable regulations of the city's zoning ordinance, the following land development activities shall be allowed in a stream buffer area, provided that the requirements of this section are satisfied and performance standards established by the program authority are met:
(1)
A building or structure which existed on the date of adoption of this chapter may continue at such location. However, nothing in this section authorizes the continuance, repair, replacement, expansion or enlargement of such building or structure except as authorized by the city's zoning ordinance.
(2)
On-site or regional stormwater management facilities, and temporary erosion and sediment control measures, provided that:
a.
To the extent practical the location of such facilities shall be outside the stream buffer;
b.
No more land shall be disturbed than is necessary to provide for construction and maintenance of the facility;
c.
The facilities are designed and constructed so as to minimize impacts to the functional value of the stream buffer and to protect water quality; and
d.
Facilities located within a floodplain adhere to floodplain regulations and are designed and located, to the extent practical, to maintain their water quantity and/or water quality control value during flood conditions.
(3)
Water dependent facilities, passive recreation access (such as unpaved pathways and trails), historic preservation, and archaeological activities, provided that all applicable federal, state, and local permits are obtained.
(4)
Development in a stream buffer, where authorized by the program authority in the circumstances described below, may be allowed if a mitigation plan is submitted to and approved by the program authority pursuant to section 10-75:
a.
On a lot which was of record prior to the date of adoption of this chapter, if (i) establishment or preservation of the stream buffer would result in the loss of a building site, and there are no other available building sites outside the stream buffer on the lot, or (ii) the proposed development consists of redevelopment not exceeding the current level of encroachment resulting from existing improvements, or (iii) the proposed development is for construction of an accessory building or structure (including, without limitation, an accessory apartment) permitted by the city's zoning ordinance, provided that such accessory building or structure must be located within the first fifty (50) landward feet of the buffer and provided further that the footprint of any such accessory building or structure shall not exceed four hundred (400) square feet.
b.
On a lot on which development within the stream buffer will consist of an ecological/wetland restoration project;
c.
On a lot on which the development in the stream buffer will consist of the construction and maintenance of a driveway or roadway, and the program authority determines that the stream buffer would prohibit reasonable access to a portion of the lot which is necessary for the owner to have a reasonable use of the lot;
d.
On a lot on which the development in the stream buffer will consist of the construction and maintenance of a paved pathway or trail exceeding three (3) feet in width;
e.
On a lot which was of record prior to the date of adoption of this chapter, on which development within the stream buffer will consist of the construction, installation and maintenance of water and sewer facilities or sewage disposal systems, and the program authority determines that the stream buffer would prohibit the practicable development of such facilities or systems.
(9-20-04, § 1)
Each owner who seeks to develop in a stream buffer pursuant to section 10-74(d) shall submit to the program authority for review and approval a mitigation plan as provided herein:
(1)
The owner shall submit a mitigation plan that satisfies the applicable requirements of this section; the required fee, as set forth within the most recent fee schedule approved by city council; and a certification stating that all requirements of the approved plan will be complied with.
(2)
The mitigation plan shall be reviewed by the program authority to determine whether it complies with the requirements of this section and all other requirements of this article. The program authority shall approve or disapprove a mitigation plan within thirty (30) days of the date that a complete plan was accepted for review. The decision shall be in writing and shall be communicated to the owner. If the plan is disapproved, the reasons for such disapproval shall be stated in the decision.
(3)
Each mitigation plan shall:
a.
Identify the impacts of proposed development on water quality and lands within the stream buffer;
b.
Identify the alternatives to development in the stream buffer that have been explored by the applicant;
c.
Ensure that, where development does take place within a stream buffer, it will be located on those portions of a site and in a manner that will be least disruptive to the natural functions of the stream buffer;
d.
Demonstrate and assure that development will be conducted using best management practices;
e.
Specify mitigation which will address water quality and stream buffer impacts; and
f.
Contain other information requested by the program authority.
(4)
Each mitigation plan shall be evaluated by the program authority based on the following criteria:
a.
Whether all reasonable alternatives to development in the stream buffer have been explored and exhausted;
b.
Whether the development in the stream buffer is the minimum necessary and is to be conducted in a manner that will be least disruptive to the natural function of the stream buffer; and
c.
Whether best management practices will effectively mitigate adverse impacts from the encroachment on the stream buffer and its natural functions.
(9-20-04, § 1)
(a)
Any person who violates any provision of this article shall be guilty of a misdemeanor and shall be subject to a fine not exceeding one thousand dollars ($1,000.00) or up to thirty (30) days imprisonment, or both, for each violation.
(b)
The city may apply to the circuit court for the City of Charlottesville, to enjoin a violation or a threatened violation of the provisions of this article, without the necessity of showing that an adequate remedy at law exists.
(c)
Without limiting the remedies that may be obtained pursuant to this section, the city may bring a civil action against any person for violation of this article. The action may seek the imposition of a civil penalty of not more than two thousand dollars ($2,000.00) against the person for each violation.
(d)
With the consent of any person who has violated or failed, neglected or refused to obey any provision of this article, the program authority may provide, in an order issued by the program authority against such person, for the payment of a civil charge for any violation, in a specific sum, not to exceed two thousand dollars ($2,000.00) per violation. Such civil charge shall be in lieu of any civil penalty which could be imposed under paragraph (c).
(12-5-05(1))
(a)
Pollutants in stormwater from many sources are largely uncontrolled and have an adverse impact upon the quality of receiving waters. Major sources of stormwater that cause water quality impacts include construction sites, illicit connections, illegal discharges and industrial activities.
(b)
Amendments to the federal Clean Water Act (CWA) in 1987 required the United States Environmental Protection Agency to establish National Pollutant Discharge Elimination System (NPDES) requirements for municipal separate storm sewer (MS4) systems. NPDES regulations require the city to control through ordinance, permit, contract or other available means (collectively, the city's "stormwater management program") the contribution of pollutants into waters of the United States.
(c)
This article is adopted as an integral part of the city's stormwater management program.
(9-20-04, § 1)
(a)
It shall be unlawful and a violation of this article to:
(1)
Cause or allow any illicit discharge to the city's storm sewer system;
(2)
Connect, or cause or allow to be connected, any sanitary sewer to the storm sewer system, except any such connections owned or authorized by the city prior to September 20, 2004;
(3)
Cause or allow any illicit connection to the city's storm sewer system; or
(4)
Violate any condition or provision of this article, or any permit or approval granted to allow any stormwater discharges to the city's storm sewer system.
(b)
Subject to the provisions of subsection (c) of this section, the following activities shall not be considered illicit discharges:
(1)
Water line flushing;
(2)
Landscape irrigation;
(3)
Diverting stream flows or rising groundwater, or infiltration of uncontaminated groundwater;
(4)
Public safety activities, including, but not limited to, law enforcement and fire suppression;
(5)
Pumping of uncontaminated groundwater from potable water sources, foundation drains, irrigation waters, springs, or water from crawl spaces or footing drains;
(6)
Lawn watering;
(7)
Individual car washing on residential properties;
(8)
De-chlorinated swimming pool discharges (less than 1 PPM chlorine);
(9)
Street washing;
(10)
Any activity authorized by a valid National Pollutant Discharge Elimination System (NPDES) permit, waiver or discharge order, a Virginia Pollutant Discharge Elimination System (VPDES) permit, waiver or discharge order, or a Virginia Pollution Abatement (VPA) permit;
(11)
Any activity by a governmental entity in accordance with federal, state, and local regulations and standards for the maintenance or repair of drinking water reservoirs or drinking water treatment or distribution systems; and
(12)
Any activity by the city, its employees and agents, in accordance with federal, state and local regulations and standards, for the maintenance of any component of its stormwater management system.
(13)
Discharges specified in writing by the director as being necessary to protect public health and safety.
(14)
Dye testing, following notification to the city's environmental administrator.
(c)
If any of the activities listed in subsection (b), above, of this section are found to be sources of pollutants to public waters, the director (as defined in section 10-5 of this chapter) shall so notify the person performing such activities and shall order that such activities be stopped or conducted in such manner as to avoid the discharge of pollutants into such waters. The failure to comply with any such order shall be unlawful and a violation of this article.
(9-20-04, § 1; 12-5-05(1))
(a)
The director, as defined in section 10-5 of this chapter, shall have authority to carry out all inspection, surveillance and monitoring procedures necessary to determine compliance and noncompliance with the provisions of this article, including the prohibition of illicit discharges to the storm sewer system. The director may monitor stormwater outfalls or other components of the municipal storm sewer system as may be appropriate in the administration and enforcement of this article.
(b)
The director shall have the authority to require pollution prevention plans from any person whose discharges cause or may cause a violation of a VPDES permit.
(9-20-04, § 1; 12-5-05(1))
(a)
A willful violation of the provisions of this article shall constitute a Class 1 misdemeanor. Each day that a continuing violation of this article is maintained or permitted to remain shall constitute a separate offense.
(b)
Any person who commits any act prohibited by this article shall be liable to the city for all costs of testing, containment, cleanup, abatement, removal and disposal of any substance unlawfully discharged into the storm sewer system.
(c)
Any person who commits any act prohibited by this article shall be subject to a civil penalty in an amount not to exceed one thousand dollars ($1,000.00) for each day that a violation continues. The court assessing such penalty may, at its discretion, order that the penalty be paid into the treasury of the city for the purpose of abating, preventing or mitigating environmental pollution.
(d)
The city, acting by and through the director, may bring legal action to enjoin the continuing violation of this article. The existence of any other remedy at law or in equity, shall be no defense to any such action.
(e)
The director shall have authority to order that any activity found to be in violation of this article be stopped or conducted in such a manner as to avoid the discharge of sewage, industrial wastes or other wastes into the storm sewer system.
(f)
Any discharge caused or permitted to exist in violation of any provisions of this article constitutes a threat to the public health, safety and welfare, and is hereby declared and deemed a public nuisance. Following receipt of written notice of such nuisance from the director, if the responsible person fails to abate or obviate such nuisance, then the city may do so and charge and collect the cost thereof from the responsible person, in any manner provided by law (including, without limitation, any manner provided by law for the collection of state or local taxes).
(g)
The remedies set forth in this section shall be cumulative, not exclusive, and it shall not be a defense to any action, civil or criminal, that one (1) or more of the remedies set forth herein has been sought or granted.
(9-20-04, § 1; 12-5-05(1))
The city is authorized by Virginia Code § 15.2-2114 et seq. to establish a utility and to enact a system of service charges to support a local stormwater management program consistent with the Virginia Stormwater Management Act (Virginia Code § 10.1-603.1 et seq.) or any other state or federal regulation governing stormwater management.
(2-19-13, eff. 1-1-14)
The city council finds that an adequate, sustainable source of revenue for stormwater management activities is necessary to protect the general health, safety, and welfare of the residents of the city. Further, the city council finds that property with higher amounts of impervious area contributes greater amounts of stormwater and pollutants to the stormwater management system and waters of the commonwealth and should carry a proportionate burden of the cost. Therefore, the city council determines that it is in the best interest of the public to enact a stormwater utility fee that allocates program costs to all property owners based on impervious area.
(2-19-13, eff. 1-1-14)
The following definitions shall apply to this article unless the context clearly indicates otherwise:
Billing unit means five hundred (500) square feet of impervious area.
Director means the director of public works or the director's authorized representative.
Impervious area means area covered by hard surfaces such as structures, paving, compacted gravel, concrete, or other man-made features that prevent, restrict, or impede the downward passage of stormwater into the underlying soil.
Unimproved parcel means any parcel regardless of zone or land use that has less than three hundred (300) square feet of impervious area.
(2-19-13, eff. 1-1-14)
(a)
A stormwater utility fee is hereby imposed on every parcel of improved real property in the city that appears on the real property assessment rolls as of December 31 of each year. All stormwater utility fees and other income from the fees shall be deposited into the water resources protection fund.
(b)
The rate per billing unit to be used for calculating the stormwater utility fee shall be one dollar twenty cents ($1.20) per month.
(c)
Except as otherwise provided in this article, the impervious area for a property shall be determined by the city using aerial photography, as-built drawings, final approved site plans, field surveys or other appropriate engineering and mapping analysis tools.
(d)
Notwithstanding subsection (a) above, and consistent with Virginia Code § 15.2-2114, the stormwater utility fee shall be waived in its entirety for the following:
(1)
A federal, state, or local government, or public entity, that holds a permit to discharge stormwater from a municipal separate storm sewer system; except that the waiver of charges shall apply only to property covered by any such permit;
(2)
For so long as there exists a revenue sharing agreement between the City and the County of Albemarle, Virginia, the waiver authorized by this section shall also apply to the property of each such locality, and to property of each locality's school board that is accounted for within that locality's municipal storm sewer program plan, regardless of whether such property is located within the territorial jurisdiction of the other locality;
(3)
Public roads and street rights-of-way that are owned and maintained by state or local agencies including property rights-of-way acquired through the acquisitions process; and,
(4)
Unimproved parcels.
(2-19-13, eff. 1-1-14; 9-8-15(1))
(a)
It is the intent of city council to set the stormwater utility fee at an amount that will be sufficient to provide for a balanced operating and capital improvement budget for the stormwater utility. Income derived from the utility charges shall be dedicated special revenue and may not exceed the actual costs incurred to operate and maintain the city's stormwater management system.
(b)
Unless otherwise specified in this article, the monthly stormwater utility fee for all property in the city shall be calculated in the following manner:
(1)
Determine the impervious area of each parcel of real property in square feet;
(2)
Divide the property's impervious area by the billing unit;
(3)
Round the resulting calculation to the next highest whole number to determine the number of billing units and multiply by the rate established in section 10-103(b) to obtain the monthly stormwater utility fee for the property.
(c)
The stormwater utility fee applicable to property held by a common interest community association, as defined in Virginia Code § 55-528, shall be charged directly to the association based on the methodology established in subsection (a) above, except that the director may develop alternative methodologies for billing fees associated with property held by a common interest community association, including but not limited to dividing the fee among the lots other than the common area that constitute the common interest community.
(2-19-13, eff. 1-1-14)
(a)
The city council shall adopt by resolution a system of credits in accordance with Virginia Code § 15.2-2114.D that provide for full or partial waivers of charges to any person who installs, operates, and maintains a stormwater management facility that achieves a permanent reduction in stormwater flow or pollutant loadings. The amount of the waiver shall be based in part on the percentage reduction in stormwater flow or pollutant loadings, or both, from pre-installation to post-installation of the facility. The credit policy may also, in accordance with Virginia Code § 15.2-2114.E, provide for full or partial waivers of charges to public or private entities that implement or participate in strategies, techniques, or programs that reduce stormwater flow or pollutant loadings, or decrease the cost of maintaining or operating the public stormwater management system.
(b)
The department of public works will develop written policies to implement the system of credits. No credit will be authorized until the city council approves written policies to implement the system of credits; a copy of the approved policies shall be on file with the department of public works. Nothing shall prevent the city council from modifying the adopted system of credits, and such modifications may apply to holders of existing credits.
(2-19-13, eff. 1-1-14)
(a)
The water resources protection fund is hereby established as a dedicated enterprise fund. The fund shall consist of revenue generated by the stormwater utility fee as well as any other deposits that may be made from time to time by the city council.
(b)
The water resources protection fund shall be dedicated special revenue used only to pay for or recover costs for the following:
(1)
The acquisition, as permitted in Virginia Code § 15.2-1800, of real and personal property, and interest therein, necessary to construct, operate, and maintain stormwater control facilities;
(2)
The cost of administration of the water resources protection program;
(3)
Planning, design, engineering, construction, and debt retirement for new facilities and enlargement or improvement of existing facilities, whether publicly or privately owned, that serve to control stormwater;
(4)
Facility operation and maintenance;
(5)
Monitoring of stormwater control devices and ambient water quality; and
(6)
Other activities consistent with the state or federal regulations or permits governing stormwater management, including, but not limited to, public education, watershed planning, inspection and enforcement activities, and pollution prevention planning and implementation.
(2-19-13, eff. 1-1-14)
(a)
The stormwater utility fee shall be billed twice annually to the record owner of each parcel subject to the fee. All such bills shall be mailed not later than fourteen (14) days prior to the due dates of June fifth and December fifth, as the case may be, unless a petition for adjustment has been made in accordance with City Code section 10-108 below. Any fee not paid in full by the respective due date shall be considered delinquent. The billing for the stormwater utility fee may be combined with other billings and, when combined, the order in which payments will be applied will be as follows:
(1)
Stormwater utility fee;
(2)
All other taxes and fees.
(b)
A delinquent stormwater utility fee, in accordance with Virginia Code § 15.2-2114.G, shall be subject to the legal rate of interest provided in Virginia Code § 6.2-301(A). Such interest shall be applied to late payments overdue for more than thirty (30) days, and shall be calculated for the period commencing on the first day following the day such fee is first due, until the date the fee is paid in full.
(c)
A delinquent stormwater utility fee, along with cumulative interest, shall constitute a lien on the property ranking on a parity with liens for unpaid taxes and shall be collected in the same manner as provided for the collection of unpaid taxes.
(2-19-13, eff. 1-1-14)
(a)
Any property owner may request an adjustment of the stormwater utility fee by submitting a request in writing to the director within thirty (30) days after the date the bill is mailed or issued to the property owner. Grounds for adjustment of the stormwater utility fee are limited to the following:
(1)
An error was made regarding the square footage of the impervious area of the property;
(2)
The property is exempt under the provisions of section 10-103(d) above;
(3)
There is a mathematical error in calculating the stormwater utility fee;
(4)
The identification of the property owner invoiced is in error; or,
(5)
An approved credit was incorrectly applied.
(b)
The property owner shall complete a stormwater utility fee adjustment application form available on the city's website or supplied by the director.
(c)
If the application alleges an error in the amount of the impervious area, a plan view of the property's impervious area will be provided by the city with labeled dimensions of all impervious areas within the property boundaries, including buildings, patios, driveways, walkways, parking areas, compacted gravel areas, and any other separate impervious structures identified in the city's impervious area database.
(d)
If the applicant is not satisfied with this assessment, the applicant may:
(1)
Request a meeting with the director; and/or,
(2)
Submit an appeal with a revised plan signed and sealed by a professional engineer or professional land surveyor licensed in the Commonwealth of Virginia attesting to the accuracy of the impervious area measurements.
(e)
The requirement for a plan view of the property's impervious area required in subsection (c) above may be waived by the director, if at the sole discretion of the director the error is obvious and is the result of a technical error or oversight by the city. In such case, the city shall be responsible for recalculating the impervious area of the property.
(f)
The director shall make a determination within forty-five (45) days of receipt of a complete submittal for the request for adjustment. In the event that the director finds that the appeal is deficient or incomplete, the director shall offer the owner sixty (60) days to supply the missing information. The forty-five-day time for a decision will begin at such time as the requested information is provided. If the information requested is not provided to the director within sixty (60) days of the original request, the petition will be deemed withdrawn.
(g)
The director's decision on a stormwater utility fee adjustment petition is a final decision from which an aggrieved party may appeal to the Circuit Court for the City of Charlottesville.
(2-19-13, eff. 1-1-14)
This chapter shall be known and may be cited as the city's "Water Protection Ordinance."
(5-5-14, § 1, eff. 7-1-14)
This chapter is adopted pursuant to authority conferred by: (i) the Virginia State Water Control Law, set forth within the Virginia Code, Title 62.1, Chapter 3.1 (§§ 62.1-44.2 through 62.1-44.34:28), including, without limitation, §§ 62.1-44.15:27 and 62.1-44.15:54; (ii) Virginia Code, Title 15.2, Chapters 21 and 22; and (iii) the federal Clean Water Act (33 U.S.C. § 1251 et seq.).
(5-5-14, § 1, eff. 7-1-14)
The purposes of this chapter are:
(1)
To ensure the general health, safety, and welfare of the citizens of the City of Charlottesville by (i) protecting the quality and quantity of state waters from the potential harm of unmanaged stormwater, including protection from land-disturbing activity causing unreasonable degradation of properties, water quality, stream channels, and other natural resources, and to establish procedures whereby stormwater requirements related to water quality and quantity shall be administered and enforced, and (ii) preventing degradation of properties, stream channels, waters and other natural resources of the city, by establishing requirements for the control of soil erosion, sediment deposition and nonagricultural runoff; and
(2)
To provide a framework for the administration, implementation and enforcement of the provisions of the Virginia Stormwater Management Act and the Virginia Erosion and Sediment Control Law, and to delineate the procedures and requirements to be followed in connection with permits issued by the city, acting as a VSMP and VESCP authority, respectively; and
(3)
To establish procedures whereby the requirements of the city's VSMP, VESCP and MS4 programs shall be enforced in conjunction with one another, and to ensure integration of those program requirements with flood insurance, floodplain management and other programs requiring compliance prior to authorization of construction, in order to make the submission and approval of plans, issuance of permits, payment of fees, and coordination of inspection and enforcement activities more convenient and efficient both for the city and for those persons responsible for compliance with the programs.
(5-5-14, § 1, eff. 7-1-14)
This chapter protects paramount public interests and shall be liberally construed to effectuate its several purposes. The following rules of construction shall apply in the construction of this chapter, unless such application would be contrary to the purposes of this chapter or the context clearly indicates otherwise:
(1)
All references to any statute, ordinance, regulation, guideline, handbook, manual or standard shall be to such statute, ordinance, regulation, guideline, handbook, manual or standard as it exists on the date of adoption of this chapter and includes any subsequent amendment, reenactment, renumbering, or reissuance in a subsequent edition.
(2)
Any reference to "this article," "Article II," "Article III," or "Article IV" shall include references to all applicable references of Article I.
(3)
All references to "days" shall be to calendar days.
(4)
All references to a "fee schedule" shall mean and refer to a schedule of the fees and charges associated with the various applications, inspections, permits and approvals required by this chapter, as approved and amended by the city council from time to time. All required fees shall be made payable to the city treasurer.
(5-5-14, § 1, eff. 7-1-14)
In addition to the definitions set forth within the Virginia Administrative Code (VAC) at 9VAC25-840-10, 9VAC25-850-10 and 9VAC25-870-10, which are expressly adopted and incorporated herein by reference, the following words and terms used in this chapter shall have the following meanings unless otherwise specified herein. In the event of a conflict between any definition incorporated by reference and any definition following below, the definition incorporated by reference shall have precedence.
Act means, according to the context of its use, (1) the Stormwater Management Act set forth within Title 62.1, Chapter 3.1, Article 2.3 (§ 62.1-44.15:24 et seq.) of the Virginia Code or (2) the Erosion and Sediment Control Law set forth within Title 62.1, Chapter 3.1, Article 2.4 (§ 62.1-44.15:51 et seq.) of the Virginia Code.
Administrator means, when referring to a person performing duties relative to the city's VSMP or VESCP as set forth within this chapter, the city's department of neighborhood development services. The department of neighborhood development services shall have authority to act by and through the director of neighborhood development services and any city official, employee, contractor or other agent designated by the director of neighborhood development services to perform any responsibilities or functions assigned to the VSMP or VESCP Administrator. Whenever the term "administrator" is used within any of the regulations or other VAC sections incorporated by reference into this chapter, the term shall have the meaning assigned within those regulations or VAC sections.
Agreement in lieu of a plan means (i) a contract between the VESCP administrator and a property owner which specifies conservation measures which must be implemented in the construction of an individual single-family residence, not part of a common plan of development or sale; or (ii) a contract between the VSMP administrator and a property owner which specifies methods that will be implemented to comply with the requirements of Article III of this chapter in the construction of an individual single-family residence, not part of a common plan of development or sale. Such contract may be executed by the administrator in lieu of a formal erosion and sediment control plan or stormwater management plan, as applicable.
Applicant means any person submitting an application for a permit or requesting the issuance of a permit under any provision of this chapter.
Best management practice ("BMP") means schedules of activities, prohibitions of practices, including both structural and nonstructural practices, maintenance procedures, and other management practices to prevent or reduce the runoff volume and pollution of surface waters and groundwater systems from the impacts of land-disturbing activities.
Board means the State Water Control Board.
Clean Water Act or CWA means the federal Clean Water Act, 33 U.S.C. 1251 et seq., formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public Law 96-483, and Public Law 97-117, or any subsequent revisions thereto.
Clearing means any activity which removes vegetative ground cover, including, but not limited to, root mat removal or top soil removal.
Common plan of development or sale refers to a contiguous area where separate and distinct construction activities may be taking place at different times on different schedules.
Conservation standards, criteria or specifications means the criteria, guidelines, techniques, and methods for the control of erosion and sedimentation whether promulgated by the program authority or contained in (1) the Virginia Erosion and Sediment Control Handbook and other regulations promulgated by the State Water Control Board, or (2) the Stormwater Management Handbook and other regulations promulgated by the Virginia Department of Environmental Quality.
Control measure means any BMP or stormwater facility, or other method used to minimize the discharge of pollutants to state waters.
DEQ and department mean the Virginia Department of Environmental Quality.
Development, land development and land development project as used within this chapter each refer to land improved or to be improved as a unit, under single ownership or unified control, such improvement(s) including all of the land disturbance, and the resulting landform, associated with the construction of residential, commercial, industrial, institutional, recreational, transportation, or utility facilities or structures, and or the clearing of land for non-agricultural or non-silvicultural purposes. The term shall include the entire area within a common plan of development or sale.
Director, as used in Article V of this chapter, shall mean and include the city's director of public works and director of neighborhood development services, and the employees and agents authorized by either of them to exercise authority or to take enforcement action under the provisions of Article V. The term director as used within Articles II and III of this chapter, shall mean the director of neighborhood development services. Whenever the term "director" is used within any of the regulations or other VAC sections incorporated by reference into this chapter, the term shall have the meaning assigned within those regulations or VAC sections.
Erosion and sediment control plan means a document containing materials and provisions for the conservation of soil and water resources of a unit or group of units of land. It may include appropriate maps, an appropriate soil and water plan inventory and management information with needed interpretations, and a record of decisions contributing to conservation treatment. The plan shall contain all major conservation decisions to ensure that the entire unit or units of land will be so treated to achieve the conservation objectives.
Erosion impact area means an area of land not associated with current land-disturbing activity but subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters. This definition shall not apply to any lot or parcel of land of six thousand (6,000) square feet or less used for residential purposes.
Excavating means any digging, scooping, or other method(s) of removing earth materials.
Filling means any depositing or stockpiling of earth materials.
General permit means the state general permit, defined following below.
Grading means any excavating or filling, and any combination thereof, including the land in its excavated or filled conditions.
Illegal discharge and illicit discharge each means and refers to any discharge to the city's municipal storm sewer system ("MS4") that is not composed entirely of stormwater, except: (i) discharges pursuant to a VPDES permit; (ii) discharges resulting from firefighting activities; and (iii) any discharges specifically authorized within Article V of this chapter.
Illicit connection means any connection to the city's municipal storm sewer system ("MS4") made without the express written approval of an authorized city official.
Land disturbance or land-disturbing activity means any man-made change to the land surface that (i) actually or potentially changes its runoff characteristics, including, without limitation, clearing, grading, or excavation, or (ii) that may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the Commonwealth, including, without limitation, clearing, grading, excavating, transporting and filling. The entire land area within a common plan of development or sale, as a whole, shall be considered to be a single land-disturbing activity.
Layout means a conceptual drawing sufficient to identify and provide for specific stormwater management facilities required at the time of approval.
Licensed professional means an individual who is licensed as a professional engineer, architect, certified landscape architect or land surveyor pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia.
Local erosion and sediment control program or VESCP means an outline of the various methods employed by the city to regulate land-disturbing activities and thereby minimize erosion and sedimentation in compliance with the state program, including, without limitation, city ordinances, policies and guidelines, technical materials, inspection, enforcement and evaluation.
Minor modification means, in relation to the state general permit, an amendment to an existing state general permit, before its expiration, not requiring extensive review and evaluation, including, but not limited to, changes in EPA promulgated test protocols, increasing monitoring frequency requirements, changes in sampling locations, and changes to compliance dates within the overall compliance schedules. A minor state general permit modification or amendment is one that does not substantially alter state general permit conditions, substantially increase or decrease the amount of surface water impacts, increase the size of the operation, or reduce the capacity of the facility to protect human health or the environment.
Mitigation plan means a plan, a component of a stormwater management/BMP plan, an erosion and sediment control plan, or an agreement in lieu of a plan, that describes how encroachments into a stream buffer will be mitigated through runoff treatment, re-vegetation, the addition of extra buffer areas, or other appropriate measures.
MS4 means the city's municipal separate storm sewer system. The terms "municipal separate storm sewer" and "municipal separate storm sewer system" shall have the meanings set forth within 9VAC25-870-10.
Natural channel design concepts means the utilization of engineering analysis and fluvial geomorphic processes to create, rehabilitate, restore, or stabilize an open conveyance system for the purpose of creating or recreating a stream that conveys its bankfull storm event within its banks and allows larger flows to access its bankfull bench and its floodplain.
Operator means the owner or operator of any facility or activity subject to regulation under this chapter.
Owner means the owner(s) of the freehold of land, or a lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person in control of a property. As used herein, "owner" also refers to, in the appropriate context, any person authorized to act as the agent for the owner.
Peak flow rate means the maximum instantaneous flow from a given storm condition at a particular location.
Permit means any building permit, grading permit, or other permit, including the approval of any site plan or subdivision plat, which is required to be issued by any board, commission, officer, employee or agency of the city as a prerequisite to any land-disturbing activity or development. In relation to the provisions of Articles II and III of this chapter the term shall mean an approval issued by the VSMP/VESCP administrator for the initiation of a land-disturbing activity in accordance with this chapter, after evidence of state general permit coverage has been received.
Permittee means the person to whom a permit authorizing a land-disturbing activity is issued, and, in the appropriate context the term may refer to the person who certifies that an approved erosion and sediment control plan will be followed.
Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town or other political subdivision of the Commonwealth, any interstate body, or any other legal entity.
Pollution prevention plan shall mean a plan for implementing pollution prevention measures during construction activities, which meets the requirements of 9VAC25-870-56.
Project shall have the same meaning as set forth above for the term development.
Public waters means and refers to the public waters and waterways of the United States and of the Commonwealth of Virginia.
Redevelopment for purposes of this chapter, means and refers to construction of buildings, structures, fixtures or other improvements to land as replacement(s) for existing improvements.
Regulations means (1) in the context of the provisions of Article II, the Virginia Erosion and Sediment Control Regulations set forth within 9VAC25-840-10 et seq. of the Virginia Administrative Code, or (2) in the context of the provisions of Article III, the Virginia Stormwater Management Regulations set forth within 9VAC25-870-10 et seq. of the Virginia Administrative Code.
Residential development means a tract or parcel of land developed or to be developed as a single unit under single ownership or unified control, and which is to contain three (3) or more residential dwelling units.
Responsible land disturber or RLD means an individual holding a certificate of competence issued by the department, who is responsible for the operations of carrying out land-disturbing activity in accordance with an approved erosion and sediment control plan. The RLD may be the owner, applicant, permittee, designer, superintendent, project manager, contractor or any other project or development team member; however, the identity of the RLD must be designated on the approved erosion and sediment control plan or permit.
Runoff volume means the volume of water that runs off the land development project from a prescribed storm event.
Site means the land or water area where any facility or land-disturbing activity is physically located or conducted, including adjacent land used or preserved in connection with the facility or land-disturbing activity. All of the land that is part of a development, or of common plan of development or sale shall be considered as a single site.
State means the Commonwealth of Virginia, inclusive of its departments, boards, agencies and divisions.
State board means the Virginia State Water Control Board.
State general permit means the state permit titled "General Permit for Discharges of Stormwater From Construction Activities" referenced within the Virginia Administrative Code at 9VAC25-880-1 et seq., authorizing a category of discharges under the CWA and the Act within a geographical area of the Commonwealth of Virginia.
State permit means an approval to conduct a land-disturbing activity issued by the state board. Under a state permit, the state imposes and enforces requirements pursuant to the federal Clean Water Act and related regulations and the Virginia Stormwater Management Act and related regulations.
State waters means all water, on the surface and under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction, including wetlands.
State Water Control Law means Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 of the Virginia Code.
Stormwater and stormwater runoff mean precipitation that is discharged across the land surface or through conveyances to one (1) or more waterways. The term may include stormwater runoff, snow melt runoff, and surface runoff and drainage.
Stormwater management plan means any document(s) containing material that describes method(s) for complying with the requirements of Article III of this chapter.
Stormwater pollution prevention plan or SWPPP means a document or set of documents prepared in accordance with good engineering practices, meeting the requirements set forth within 9VAC25-870-54, in which potential sources of pollutants that may reasonably be expected to affect the quality of stormwater discharges from a construction site are described, and control measures are identified.
Stream buffer means an area of land at or near a tributary streambank and/or nontidal wetland that has an intrinsic water quality value due to the ecological and biological processes it performs or is otherwise sensitive to changes which may result in significant degradation to the quality of state waters.
Subdivision shall have the same meaning as set forth within section 29-3 of the City Code.
Total maximum daily load or TMDL means the sum of the individual wasteload allocations for point sources, load allocations for nonpoint sources, natural background loading and a margin of safety. TMDLs may be expressed in terms of either mass per time, toxicity, or other appropriate measures. The TMDL process provides for point source versus nonpoint source trade-offs.
Transporting means any moving of earth materials from one place to another place, other than such movement incidental to grading, when such movement results in destroying the vegetative ground cover either by tracking or the buildup of earth materials to the extent that erosion and sedimentation will result from the soil or earth materials over which such transporting occurs.
VAC means the Virginia Administrative Code. References to specific sections of the Virginia Administrative Code appear in the following format: e.g., 9VAC25-870-10. Whenever reference to a specific VAC section is given, the provisions of that VAC section shall be deemed incorporated into this chapter by reference, as if set forth herein verbatim.
Virginia Erosion and Sediment Control Program or VESCP means a program approved by the state that has been established by the city for the effective control of soil erosion, sediment deposition, and nonagricultural runoff associated with a land-disturbing activity to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources, and shall include such items, where applicable, as local ordinances, rules, permit requirements, annual standards and specifications, policies and guidelines, technical materials, and requirements for plan review, inspection, enforcement where authorized in Article II of this chapter, and evaluation consistent with the requirements of this chapter and related federal, state and local regulations.
Virginia Erosion and Sediment Control Program Authority or VESCP Authority shall mean the City of Charlottesville, acting pursuant to authority granted by the state to operate a VESCP.
Virginia Stormwater BMP Clearinghouse Website means a state website that contains detailed design standards and specifications for control measures that may be used in Virginia to comply with the requirements of the Virginia Stormwater Management Act and associated regulations.
Virginia Stormwater Management Act means Article 2.4 (§ 62.1-44.15:24 et seq.) of the State Water Control Law and the related state regulations set forth within 9VAC25-870-10 et seq.
VSMP or Virginia Stormwater Management Program means a program approved by the state board after September 13, 2011, that has been established by the city to manage the quality and quantity of runoff resulting from land-disturbing activities and shall include such items as local ordinances, rules, permit requirements, annual standards and specifications, policies and guidelines, technical materials, and requirements for plan review, inspection, enforcement, where authorized in Article III, and evaluation consistent with the requirements of Article III.
VSMP Authority or Virginia Stormwater Management Program Authority means the City of Charlottesville, acting pursuant to authority granted by the state to operate a VSMP.
Water dependent facility refers to land development that cannot exist outside the stream buffer and must be located on a shoreline because of the intrinsic nature of its operation, including, without limitation: intake and outfall structures of water and sewage treatment plants and storm sewers; water-oriented recreation areas; and boat docks and ramps.
(5-5-14, § 1, eff. 7-1-14)
(a)
The city council hereby designates the department of neighborhood development services as its administrator for the programs referenced in Articles II, III, and IV. Administration and enforcement of Article V shall be as set forth within sections 10-92 and 10-93.
(b)
The administrator shall administer and enforce the provisions of this chapter, acting by and through its director. The director may enter into agreements or contracts with the local soil and water conservation district, an adjacent locality, or another public or private entity, to carry out or assist with the responsibilities of this chapter. The director of the department of neighborhood development services shall have authority to assign specific responsibilities or functions of the administrator to authorized agents of such department, such as another city official, employee, or an independent contractor, consistent with requirements of this chapter and applicable state laws and regulations.
(c)
The administrator shall establish reasonable regulations and interpretive guidelines for the administration of this chapter, subject to approval of city council. Such regulations and guidelines shall be consistent with this chapter and all applicable federal and state statutes and regulations.
(d)
The administrator shall assure that the erosion and sediment control program set forth in Article II is administered by a certified program administrator, a certified plan reviewer, and a certified project inspector. Such positions may be filled by the same person. The administrator shall assure that persons reviewing stormwater management plans and conducting related inspections shall hold a certificate of competence issued by the board.
(e)
The administrator shall take appropriate enforcement actions to achieve compliance with this chapter, and shall maintain a record of enforcement actions for all active land-disturbing activities and developments.
(f)
The administrator is authorized to cooperate with any federal or state department, agency, or official in connection with plans for erosion and sediment control or stormwater management. The administrator may also recommend to the city manager any proposed agreement with such agency for such purposes, which agreement shall be executed, if at all, by the city manager on behalf of the city.
(5-5-14, § 1, eff. 7-1-14)
The adoption of this chapter shall not abate any pending action, liability, or penalty of any person accruing or about to accrue, nor waive any right of the city under any provision in effect prior to the date of adoption of this chapter, unless expressly provided for in this chapter. As they pertain to land-disturbing activity for development that is the subject of a site plan or subdivision plat approved prior to July 1, 2014, the requirements of this chapter in relation to such development shall be as prescribed within the Regulations, or as otherwise specified by state law.
(5-5-14, § 1, eff. 7-1-14)
(a)
Any person who is aggrieved by a decision of the administrator pursuant to this chapter shall have the right of review of such action by the city council. Any such appeal shall be filed in writing with the clerk of the city council within thirty (30) days of the date of such decision.
(b)
An appeal received by the city council pursuant to this section shall be referred to the planning commission for review and findings of fact. The planning commission shall review the appeal at its next regular meeting following the date the notice of appeal is received by the clerk of council, and shall report its findings to city council. The city council shall review the appeal within thirty (30) days after the date of the planning commission meeting, at a regular or a special meeting of city council.
(c)
The city council shall consider evidence presented by the owner, the administrator, and any other aggrieved person.
(d)
The council shall render its decision in writing and may affirm, reverse or modify the administrator's decision. The council's decision shall constitute the final decision of the city on the matter(s) which are the subject of the appeal.
(e)
Any person aggrieved by a final decision of the city council pursuant to this section shall have the right of review of such decision by the circuit court of the city. Any such appeal shall be filed by the aggrieved person in writing with the circuit court within thirty (30) days of the city council's final decision.
(f)
For the purposes of this section, "aggrieved person" is limited to the owner, a permittee, owners of adjacent and downstream property and any interested governmental agency or officer thereof.
(5-5-14, § 1, eff. 7-1-14)
(a)
A person shall not commence, conduct or engage in any land-disturbing activity until such person has submitted a permit application to the administrator and has obtained the administrator's approval of a permit authorizing commencement of land-disturbing activity.
(1)
The applicant shall submit with the application for a permit:
a.
A proposed erosion and sediment control plan;
b.
A proposed stormwater management plan, if required;
c.
A state general permit registration statement, if required;
d.
For the land that is proposed to be disturbed, (i) a valid, approved preliminary site plan that provides a layout, as defined in 9VAC25-870-10, or a valid approved site plan, (ii) a valid, approved preliminary subdivision plat that provides a layout, as defined in 9VAC25-870-10, or a valid, approved final subdivision plat, or (iii) for land use or construction not subject to the requirement of an approved site plan or subdivision plat, the applicant shall submit a written certification of the purpose of the proposed land-disturbing activity together with a zoning administrator determination stating that the use sought to be established on the land is permitted under applicable zoning district regulations and will comply with applicable requirements of the city's zoning and other local ordinances;
e.
Any request for exception(s) from applicable technical requirements; and
f.
Payment of required application fee(s), pursuant to section 10-10.
The administrator shall not issue any approval(s) for commencement of any land-disturbing activity until all such required submissions and plans have been received and approved.
(2)
The administrator shall act on each plan included within the application, in accordance with the following:
a.
The administrator, or any duly authorized agent of the administrator, shall promptly review the materials submitted with an application. The administrator or his agent shall determine the completeness of the application within fifteen (15) calendar days of receipt, in accordance with the procedure referenced in 9VAC25-870-108(B).
b.
The administrator or his agent shall act on a plan within the time period(s) and in accordance with the procedures referenced within 9VAC25-870-108(B). However, when a proposed erosion and sediment control plan is determined to be inadequate, notice of disapproval, stating the specific reasons for disapproval, will be communicated to the applicant within forty-five (45) days.
c.
Approval or denial of a plan shall be based on compliance with the requirements of this chapter. Any decision shall be communicated in writing to the person responsible for the land-disturbing activity or the person's agent. Where available to the applicant, electronic communication will be deemed communication in writing. If a plan meeting all of the requirements of this chapter is submitted and no action is taken within the required time period, the plan shall be deemed approved. If a plan is not approved, the reasons for not approving the plan shall be provided in writing.
d.
When all requirements have been satisfied and all required plans have been approved, the administrator shall issue a consolidated stormwater management and erosion and sediment control permit, when all of the following requirements have been satisfied:
1.
Upon the development of an online reporting system by DEQ, but no later than July 1, 2014, the administrator shall not issue a permit to authorize any land-disturbing activity until evidence has been obtained of state general permit coverage, where required; and
2.
The administrator must receive the performance guarantee(s) and other instruments and documentation specified in subparagraphs (3) through (6), following below; and
3.
All fees required by section 10-10 shall be paid by the applicant.
(3)
Prior to issuance of any approval or permit, the administrator shall require (or in the case of an agreement in lieu of a plan, may require) the applicant to submit a reasonable performance bond with surety, a cash escrow, letter of credit, any combination thereof, or such other legal arrangement acceptable to the administrator (individually, and collectively, "performance guarantee"), to ensure that measures could be taken by the city at the applicant's expense, upon the applicant's failure, after proper notice, within the time specified, to initiate or maintain appropriate actions which may be required of applicant by the approved plan(s) and permit(s) or permit conditions as a result of applicant's land-disturbing activity. Separate performance guarantees shall be established and required to assure compliance with the approved stormwater management plan and with the erosion and sediment control plan, except as provided in subparagraph (c), below.
a.
Each performance guarantee shall be effective from a date prior to the issuance of any permit or approval until sixty (60) days after completion of the requirements of approved plan(s) and permit(s) or permit conditions. The instrument(s) of security shall provide that the performance guarantee for stormwater requirements shall be and remain in effect until satisfactory completion of all permit conditions has been achieved. Within sixty (60) days of the satisfactory completion of the requirements of the permit conditions, such security, or the unexpended or unobligated portion thereof, if any, shall be refunded to the applicant or terminated.
b.
If approved by the administrator, the applicant may submit any required performance guarantee as part of, or included in, any other performance guarantee(s) required in connection with a site plan, subdivision plat or other required approval. In cases where any such consolidated performance guarantee is authorized, the administrator shall separately establish the specific amount(s) attributable to erosion and sediment control requirements, stormwater management requirements, construction of public facilities and improvements, and other activities for which a performance guarantee is to be provided.
c.
The instrument(s) of security shall provide the administrator and its authorized agents with a right of entry, for the purpose of initiating or maintaining appropriate actions that are required by the permit, or permit conditions associated with a land-disturbing activity when the applicant, a permittee, or other person responsible for carrying out the land-disturbing activities or the requirements of a permit and permit conditions, after proper notice, has failed to take acceptable action within the time specified.
d.
This requirement for performance bonding/ security is in addition to all other provisions and requirements of this article, state law and state regulations, relating to the issuance of permits, and is not intended to otherwise affect the requirements for such permits.
e.
If the administrator is required to take action upon a failure of the permittee, the administrator may collect from the permittee the difference should the amount of the reasonable cost of such action exceed the amount of the performance guarantee held by the administrator.
f.
The administrator may require submission of other materials and supporting documentation as the administrator deems necessary in order for the applicant to demonstrate that all land clearing, construction, disturbance, land development and drainage will be done according to the approved permit.
(4)
Prior to issuance of any approval or permit for land-disturbing activity involving one (1) or more acres of land, the administrator shall require the applicant to submit a stormwater pollution prevention plan (SWPPP). The SWPPP shall include the content specified by 9VAC25-870-54, 9VAC25-870-55 and 9VAC27-870-56, as well as the requirements and general information specified by 9VAC25-880-70, Section II.
a.
The SWPPP shall be amended by the operator whenever there is a change in design, construction, operation or maintenance that has a significant effect on the discharge of pollutants to state waters which is not addressed by the existing SWPPP.
b.
The SWPPP must be maintained by the operator at a central location at the site of the development. If no onsite location is available, notice of the SWPPP's location must be posted near the main entrance at the development site. Operators shall make the SWPPP available for public inspection in accordance with 9VAC25-880-70, Section II, either electronically or paper copy.
(5)
Except as provided in section 10-56(d), prior to issuance of any approval or permit for land-disturbing activity associated with development for which permanent stormwater management facilities are required, the administrator shall require the applicant to submit a proposed written instrument, in a form suitable for recordation in the city's land records, specifying long-term responsibility for and maintenance of the stormwater management facilities and other techniques specified within the proposed stormwater management plan for management of the quality and quantity of runoff.
(b)
No site plan shall be granted final approval, and no final subdivision plat shall be signed by any city board, commission, agency, department, official or employee, unless and until such final site plan or final subdivision plat includes improvements, facilities and treatments identified within a stormwater management plan approved by the administrator in accordance with this chapter.
(c)
No authorization or permit for any construction, land use or development involving any land-disturbing activity, including any grading permit, building permit, foundation permit, demolition permit, or other city-issued development permit, shall be issued by any city board, commission, agency, department, official or employee, unless and until a stormwater management plan has been approved and a permit has been issued by the administrator in accordance with this chapter.
(5-5-14, § 1, eff. 7-1-14)
(a)
The city council will, from time to time, approve a schedule of the fees and charges associated with the various applications, actions, inspections, permits and approvals required by this chapter in connection with the review of plans, issuance of VSMP and VESCP Authority permits, issuance of state general permit coverage, and implementation of the VSMP and VESCP related to land-disturbing activities. Prior to the issuance of any permit authorizing commencement of any land-disturbing activity, and prior to conducting any inspection or other action required by this chapter for which a fee is specified, the administrator shall assess, collect and administer the applicable fees and charges set forth within the most recent fee schedule adopted by city council.
(b)
The city council hereby adopts and incorporates by reference the statewide fee schedule(s) enacted by the state board pursuant to Virginia Code § 62.1-44.15:28 and 9VAC25-870-700 et seq., and said fee schedule(s) shall be deemed included within the local fee schedule referenced in paragraph (a), above. Prior to the issuance of any permit authorizing the commencement of any land-disturbing activity, the administrator shall assess, collect and administer the fees as set forth within 9VAC25-870-700-700 et seq., including, without limitation:
(1)
Fees for the modification or transfer of registration statements from the state general permit issued by the state board; provided, however, that if the state general permit modifications result in changes to stormwater management plans that require additional review by the administrator, then, in addition to the state general permit modification fee, modifications resulting in an increase in total disturbed acreage shall pay the difference between the initial permit fee paid and the permit fee that would have applied for the total disturbed acreage. No such modification fee shall be assessed to (i) permittees who request minor modifications to a state general permit, or (ii) permittees whose general permits are modified or amended at the initiative of DEQ (excluding errors in the registration statement identified by the administrator and errors related to the acreage of the site); and
(2)
Annual fees for maintenance of the state general permit, including fees on expired permits that have been administratively continued. State general permit maintenance fees shall be paid annually to the city, on or before the anniversary date of general permit coverage. State general permit maintenance fees shall apply, and shall continue to be paid, until state general permit coverage is terminated. No permit will be reissued or automatically continued without payment of the required fee for state general permit coverage.
(3)
Payment of the state's portion of the statewide permit fee shall not be required for coverage under the state general permit, for construction activity involving a single-family detached residential structure, when such activity is exempted from such fee pursuant to regulations established by the state board.
State general permit coverage and maintenance fees may apply to each state general permit holder. Persons whose coverage under the state general permit has been revoked shall apply to DEQ for an individual permit for discharges of stormwater from construction activities. All persons seeking approval of a stormwater management plan, all persons seeking coverage under the state general permit, and all permittees who request modifications to or transfers of their existing registration statement for coverage under a state general permit, shall be subject to the fees referenced within this paragraph, in addition to any separate fees that may apply under paragraph (a) of this section.
(c)
Fees shall be paid when due, by applicants, permittees, and other persons responsible for carrying out conditions of a permit. An incomplete payment will be deemed a nonpayment. Interest shall be charged for non-payments and for late payments, at the rate set forth in Virginia Code § 58.1-15, calculated on a monthly basis at the applicable periodic rate. A 10% late payment fee shall be charged to any delinquent account that is more than ninety (90) days past due. The city shall be entitled to all remedies available under the Virginia Code in collecting any past due amount.
(5-5-14, § 1, eff. 7-1-14)
(a)
The purpose of this article is to prevent degradation of properties, stream channels, waters and other natural resources of the city, by establishing requirements for the control of soil erosion, sediment deposition and nonagricultural runoff, and by establishing procedures by which these requirements shall be administered and enforced.
(b)
This chapter is authorized by the Code of Virginia, Title 62.1, Chapter 3.1 (State Water Control Law) article 2.4, § 62.1-44.15:51 et seq. (Erosion and Sediment Control Law).
(c)
This article shall apply to any land-disturbing activity within the city, except that state agency projects shall be subject to the requirements of Virginia Code § 62.1-44.15:56. Each owner of land within the city shall comply with the requirements of this article, as provided herein:
(1)
Prior to engaging in any land-disturbing activity, or allowing any land-disturbing activity to occur, on such owner's property;
(2)
At all times during any land-disturbing activity until it is completed, including all times when the land-disturbing activity is performed by a contractor engaged in construction work; and
(3)
When notified by the administrator that an erosion impact area exists on such owner's land, and the notice requires the owner to submit an erosion and sediment control plan in order to control erosion and sedimentation.
(d)
This article is intended to be interpreted, administered and enforced in conjunction with the definitions and provisions of Article I. References to "this article", and references to "provisions of this article" shall be deemed to include (i) the provisions of Article I of this chapter, and (ii) the provisions, criteria, and requirements of each federal or state statute, regulation, standard and specification adopted or referred to within Articles I and II of this chapter.
(5-5-14, § 2, eff. 7-1-14)
(a)
The determination of whether an activity is a land-disturbing activity for purposes of this article shall be made by the administrator. Except as may otherwise be required by federal or state law or regulations, the term "land-disturbing activity" shall not include:
(1)
Disturbed land areas of less than six thousand (6,000) square feet;
(2)
Home gardens, individual home landscaping, repairs or maintenance work;
(3)
Individual service connections; administrator;
(4)
Installation, maintenance, or repair of any underground public utility lines, when such activity occurs on an existing hard surfaced road, street or sidewalk, provided the activity is confined to the area of the road, street or sidewalk that is hard surfaced;
(5)
Septic tank lines or drainage fields, unless included in an overall plan for land-disturbing activity relating to construction of a building to be served by the septic tank system;
(6)
Surface or deep mining operations and projects, or oil and gas operations and projects, conducted in accordance with a permit issued pursuant to Code of Virginia Title 45.1; however, such activities shall not be conducted unless allowed by the city's zoning ordinance;
(7)
Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations, or as additionally set forth by the state Board in regulation, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with Code of Virginia § 10.1-1100 et seq., or is converted to bona fide agricultural or improved pasture use, as described in subsection B of § 10.1-1163. Such activities shall not be conducted unless allowed by the city's zoning ordinance.
(8)
Agricultural engineering operations, including but not limited to the construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the provisions of the Dam Safety Act (§ 10.1-604 et seq.), ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation. Such activities shall not be conducted unless allowed by the city's zoning ordinance.
(9)
Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of a railroad company;
(10)
Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles;
(11)
Shoreline erosion control projects on tidal waters when all of the land-disturbing activities are within the regulatory authority of and approved by local wetlands boards, the Marine Resources Commission, or the United States Army Corps of Engineers; however, any associated land that is disturbed outside of this exempted area shall remain subject to this article and the regulations adopted pursuant thereto; and
(12)
Emergency work to protect life, limb, or property, and emergency repairs; however, if the land-disturbing activity would have required an approved erosion and sediment control plan if there were no emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirements of this article.
(b)
Upon the determination by the administrator that an activity is a land-disturbing activity the owner shall submit an erosion and sediment control plan to the administrator for review and approval, and shall otherwise take all actions necessary to comply with the requirements of this article.
(c)
Whenever land-disturbing activity involves activity at a separate location (including but not limited to borrow and disposal areas), the administrator may either:
(1)
Consider the off-site activity as being part of the proposed land-disturbing activity; or
(2)
If the off-site activity is already covered by an approved erosion and sediment control plan, the administrator may require the applicant to provide proof of such approval and to certify that the plan will be implemented in accordance with the requirements of this article.
(d)
An erosion and sediment control plan shall be submitted and approved for a development and the buildings constructed within, regardless of the phasing of construction.
(5-5-14, § 2, eff. 7-1-14)
(a)
In order to prevent further erosion, the administrator may require submission and approval of an erosion and sediment control plan for any land determined to be an erosion impact area, regardless of the size of such area. The determination of whether an erosion impact area exists shall be rendered by the administrator.
(b)
The administrator shall determine whether an erosion impact area exists on a property. The administrator shall make this determination after an investigation initiated by the administrator or upon the complaint of any citizen.
(c)
Upon making a determination that an erosion impact area exists, the administrator shall immediately notify the owner of the property, in writing, of the determination. The notice shall be served by certified mail to the address of the owner based on the most recent tax records of the city, or by personal delivery. The written notice shall (i) instruct the owner to submit an erosion and sediment control plan for review and approval as provided in this article, and (ii) state the date by which the plan must be submitted.
(d)
Upon receipt of the notice required by this section the owner shall submit to the administrator for approval an erosion and sediment control plan designed to prevent further erosion, and the owner shall in all other aspects comply with the requirements of the notice and of this article. The owner shall not permit any portion of the land that is the subject of the notice to remain in a condition such that soil erosion and sedimentation causes reasonably avoidable damage or harm to adjacent or downstream property, roads, streams, lakes or ponds.
(e)
For good cause shown, the administrator may grant to an owner an extension of time to comply with the requirements of this section and this article.
(5-5-14, § 2, eff. 7-1-14)
No person shall engage in any land-disturbing activity within the city until an erosion and sediment control plan has been approved and a land-disturbing permit has been issued by the administrator in accordance with section 10-9 of the city code. The land-disturbing permit is required in addition to any other approval required by this chapter, by the city's zoning or subdivision ordinances, or from the city's building official (including, without limitation, any building permit, foundation permit, or demolition permit).
(5-5-14, § 2, eff. 7-1-14)
Whenever a land-disturbing activity is proposed to be conducted by a contractor performing construction work pursuant to a construction contract, the preparation, submission and approval of the required erosion and sediment control plan shall be the responsibility of the owner of the land.
(5-5-14, § 2, eff. 7-1-14)
Pursuant to Code of Virginia § 62.1-44.15:54 the city hereby adopts the regulations, references, guidelines, standards and specifications promulgated by the state board, and the City's Design and Standards Manual, for the effective control of soil erosion and sediment deposition to prevent the unreasonable degradation of properties, stream channels, waters and other natural resources. Said regulations, references, guidelines, standards and specifications for erosion and sediment control are included in but not limited to the Virginia Erosion and Sediment Control Regulations set forth within the Virginia Administrative Code at 9VAC25-840-10 et seq. and the Virginia Erosion and Sediment Control Handbook, including all amendments thereto. The regulations, references, guidelines, standards and specifications referenced within this paragraph shall be used (i) by an applicant when preparing and submitting an erosion and control plan for review and approval of the administrator under the provisions of this article, and (ii) by the administrator, in considering the adequacy of a submitted plan.
(5-5-14, § 2, eff. 7-1-14)
Fees shall be submitted at the time of filing any erosion and sediment control plan, and thereafter, as specified within the most recent fee schedule approved by city council. Each re-submission of a plan following rejection by the administrator shall constitute a new application requiring an additional application fee.
(5-5-14, § 2, eff. 7-1-14)
(a)
No person shall engage in any land-disturbing activity until such person has submitted to the administrator for review and approval an erosion and sediment control plan, along with an application for a land-disturbing permit in accordance with Article I.
(b)
The owner shall submit four (4) copies of an erosion and sediment control plan that satisfies the requirements of this section, and a certification stating that all requirements of the approved plan will be complied with.
(c)
The standards contained within the regulations, and within the Virginia Erosion and Sediment Control Handbook, as amended, and the City's Standards and Design Manual, shall be used by the applicant in preparing and submitting an erosion and sediment control plan.
(d)
The administrator may require additional information as may be necessary for its complete review of the plan.
(e)
In lieu of paragraphs (b)—(d), above, where land-disturbing activity will involve land under the jurisdiction of more than one (1) locality's program, an erosion and sediment control plan, at the option of the applicant, may be submitted to the state board or its agent (DEQ) for review and approval, rather than to each locality.
(f)
In lieu of paragraphs (b)—(d), above, any person engaging in the creation and operation of wetland mitigation banks in multiple jurisdictions, which have been approved and are operated in accordance with applicable federal and state guidance, laws, or regulations for the establishment, use, and operation of mitigation banks, pursuant to a permit issued by the Department of Environmental Quality, the Marine Resources Commission, or the U.S. Army Corps of Engineers, may, at the option of that person, file general erosion and sediment control specifications for wetland mitigation banks annually with the DEQ for review and approval consistent with guidelines established by the board.
(g)
Pursuant to Virginia Code § 62.1-44.15:55(D), electric, natural gas and telephone utility companies, interstate and intrastate natural gas pipeline companies shall, and railroad companies shall, and authorities created pursuant to Code of Virginia § 15.2-5102 may, file general erosion and sediment control specifications annually with the Board for review and approval.
(5-5-14, § 2, eff. 7-1-14)
Each erosion and sediment control plan submitted pursuant to this article shall be reviewed and approved as provided herein:
(1)
The plan shall be submitted along with the application required by section 10-9 of Article I, and shall be reviewed by the administrator to determine its compliance with the requirements of this article and with applicable state laws and regulations.
(2)
During review of the plan the administrator may correspond with the owner from time to time to review and discuss the plan with the owner, and may require additional information from the owner as necessary in order for the plan to be approved.
(3)
The administrator shall review erosion and sediment control plans submitted, and shall either grant written approval or written notice of disapproval in accordance with the time periods and other requirements set forth within Code of Virginia § 62.1-44.15:55 and Article I of this chapter.
(4)
Applicants for land-disturbing permits may be required to provide a performance bond, cash escrow or other financial guarantee, determined in accordance with section 10-9 of this chapter, to ensure that measures could be taken by the administrator at the applicant's expense should the applicant fail, after proper notice, within the time specified, to initiate or maintain appropriate measures required by the approved erosion and sediment control plan as a result of applicant's land-disturbing activity.
(5)
If the owner is required to obtain approval of a site plan or subdivision plat for a development, the administrator shall not approve an erosion and sediment control plan or authorize the commencement of any land-disturbing activity, unless and until the site plan or plat has received final approval as provided by law. Notwithstanding the foregoing, the administrator may approve an erosion and sediment control plan and may authorize commencement of land-disturbing activity, prior to approval of a required final site plan or final subdivision plat only in the following circumstances:
a.
To correct any existing erosion or other condition conducive to excessive sedimentation which is occasioned by any violation of this chapter or by accident, act of God, or other cause beyond the control of the owner, provided that the activity proposed shall be strictly limited to the correction of such condition;
b.
To install underground public utility mains, interceptors, transmission lines and trunk lines for which plans have previously been approved by the operating public utility or public service corporation and have previously been approved by the city as being substantially in accord with the comprehensive plan, where required by Code of Virginia § 15.2-2232.
(5-5-14, § 2, eff. 7-1-14)
The administrator may waive or modify any of the standards that are deemed inappropriate or too restrictive for site conditions, by granting a variance. A variance may be granted under these conditions:
(1)
At the time of plan submission, an applicant may request a variance to become part of the approved erosion and sediment control plan. The applicant shall explain the reasons for requesting variances in writing. Specific variances which are allowed by the administrator shall be documented in the plan.
(2)
During construction, the person responsible for implementing the approved plan may request a variance in writing from the administrator. The administrator shall respond in writing either approving or disapproving such a request. If the administrator does not approve a variance within ten (10) days of receipt of the request, the request shall be considered to be disapproved. Following disapproval, the applicant may resubmit a variance request with additional documentation.
(3)
The administrator shall consider variance requests judiciously, keeping in mind both the need of an applicant to maximize cost effectiveness and the public interest and need to protect off-site properties and resources from damage.
(5-5-14, § 2, eff. 7-1-14)
(a)
If land-disturbing activity is for the purpose of establishing or modifying a single-family detached dwelling, then, in lieu of an erosion and sediment control plan, the administrator may enter into a contract with the property owner that specifies conservation measures that must be implemented in the construction of the single-family dwelling.
(b)
In determining whether to allow an agreement in lieu of a plan, the administrator shall consider the potential threat to water quality and to adjacent land resulting from the land-disturbing activity, as well as applicable provisions of state law and regulations. When an agreement in lieu of a plan is authorized and approved by the administrator, the administrator and the owner shall have all of the rights, responsibilities and remedies set forth in this article as though such agreement in lieu of a plan was an erosion and sediment control plan.
(c)
The administrator may waive the requirement for a responsible land disturber holding a certificate of competence, in connection with an agreement in lieu of a plan for construction of a single-family residence. If a violation occurs during the land-disturbing activity, then the person responsible for carrying out the agreement in lieu of a plan shall correct the violation and shall provide the name of an responsible land disturber holding a certificate of competence, as provided by Code of Virginia § 62.1-44.15:55.
(5-5-14, § 2, eff. 7-1-14)
The administrator may require changes to an approved erosion and sediment control plan, and require an owner to submit an amended plan, in the following circumstances:
(1)
An inspection reveals that the plan is inadequate to satisfy the requirements of this article;
(2)
The person responsible for carrying out the plan finds that, because of changed circumstances, or for other reasons, the approved plan cannot be effectively carried out and proposed amendments to the plan, consistent with the requirements of this article are agreed to by the administrator and the person responsible for carrying out the plan; or
(3)
In the event that land-disturbing activity has not commenced during the one hundred eighty-day period following plan approval, or if land-disturbing activity pursuant to an approved plan has ceased for more than one hundred eighty (180) days, the administrator may evaluate the existing approved erosion and sediment control plan to determine whether the plan still satisfies the requirements of this article and state erosion and sediment control criteria, and to verify that all design factors are still valid. If the administrator finds the previously approved plan to be inadequate, a modified plan shall be submitted for approval by the administrator prior to the commencement or resumption of land-disturbing activity.
(5-5-14, § 2, eff. 7-1-14)
Upon approval by the administrator of an erosion and sediment control plan, each owner shall:
(1)
Comply with the approved plan when performing, or allowing to be performed, any land-disturbing activities, or activities to correct an erosion impact area;
(2)
Maintain and repair all erosion and sediment control structures and systems to ensure continued performance of their intended function;
(3)
Comply with all requirements of this article, and with applicable state laws and regulations; and
(4)
Provide the name of a responsible land disturber, as defined in Article I of this chapter, who will be in charge of and responsible for carrying out the land-disturbing activity.
(5-5-14, § 2, eff. 7-1-14)
(a)
As a condition of approval of an erosion and sediment control plan, the administrator may require the person responsible for carrying out the plan to monitor the land-disturbing activity as provided herein:
(1)
Any monitoring conducted shall be for the purpose of ensuring compliance with the erosion and sediment control plan, and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation.
(2)
The condition requiring monitoring and reporting shall state: (i) the method and frequency of such monitoring, and (ii) the format of the report and the frequency for submitting reports.
(3)
The person responsible for carrying out the plan will maintain records of inspections and maintenance, to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation.
(b)
The administrator shall periodically inspect the land-disturbing activity in accordance with 9VAC25-840-60, to assure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation as provided herein. The owner, permittee, or person responsible for carrying out the plan shall be given notice of the inspection.
(1)
Monitoring, reports and inspections required by the administrator shall be conducted in accordance with the requirements of Code of Virginia § 62.1-44.15:58 and 62.1-44.15:60, and applicable provisions of state regulations.
(2)
If the administrator determines that there is a failure to comply with the approved plan, notice shall be served on the permittee or person responsible for carrying out the plan, in accordance with the requirements of Code of Virginia § 62.1-44.15:58. Upon failure to comply within the specified time, the land-disturbing permit may be revoked and the permittee or person responsible for carrying out the plan shall be deemed to be in violation of this article and shall be subject to the penalties provided herein.
(3)
Upon determination of a violation of this article the administrator may, in conjunction with or subsequent to a notice to comply, issue an order requiring that all or part of the land-disturbing activities be stopped until an approved plan or any required permits are obtained. In cases where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters, or where the land-disturbing activities have commenced without an approved plan or any required permits, such an order may be issued without regard to whether the permittee has been issued a notice to comply. Any such order shall be served in the same manner as a notice to comply. A stop-order shall have the effects, shall remain in effect, as set forth within Code of Virginia § 62.1-44.15:58. Upon completion and approval of corrective action, or obtaining an approved plan and any required permits, the order shall be lifted. Upon failure to comply with any such order within the specified time, the land-disturbing permit may be revoked and the permittee or person responsible for carrying out the plan shall be deemed to be in violation of this article and shall be subject to the penalties provided herein.
(4)
Any person violating or failing, neglecting or refusing to obey an order issued by the administrator may be compelled in a proceeding instituted in the Circuit Court of the City of Charlottesville to obey same and to comply therewith by injunction, mandamus or other appropriate remedy.
(5)
Nothing in this section shall prevent the administrator from taking any other action authorized by this article.
(5-5-14, § 2, eff. 7-1-14)
Upon a determination by the administrator that an owner has failed to comply with an approved erosion and sediment control plan, the administrator shall provide notice to a permittee or person responsible for carrying out the erosion and sediment control plan, and may issue an order requiring that all or part of the land-disturbing activities be stopped, in accordance with the provisions of Code of Virginia § 62.1-44.15:58 and applicable state regulations
(5-5-14, § 2, eff. 7-1-14)
(a)
An erosion and sediment control plan shall not be approved until it is reviewed by a certified plan reviewer.
(b)
Inspections of land-disturbing activities shall be conducted by a certified inspector.
(c)
The city's erosion and sediment control program may be carried out by one (1) or more persons; however, at all times the city's program, at a minimum, shall consist of a certified program administrator, a certified plan reviewer and a certified project inspector, who may be the same person.
(d)
The certifications required by this section shall be those granted by the state board, as set forth within Code of Virginia § 62.1-44.15:53.
(5-5-14, § 2, eff. 7-1-14)
(a)
Any person violating the provisions of this article shall, upon conviction, be guilty of a Class 1 misdemeanor.
(b)
The following may apply to the circuit court for injunctive relief to enjoin a violation or a threatened violation of this article, without the necessity of showing that an adequate remedy at law does not exist:
(1)
The city; and
(2)
The owner of property that has sustained damage or that is in imminent danger of being damaged; however, an owner of property shall not apply for injunctive relief unless (i) owner has notified in writing both the administrator and the person who has violated the provisions of this article, that a violation of this article has caused, or creates a probability of causing, damage to owner's property, and (ii) neither the person who has violated this article nor the administrator has taken corrective action within fifteen (15) days to eliminate the conditions which have caused, or create the probability of causing, damage to the owner's property.
(c)
In addition to any criminal penalties provided under this section, any person who violates any provision of this article may be liable to the city in a civil action for damages.
(d)
Any person who violates any provision of this article shall, upon a finding of the Charlottesville General District Court, be issued a civil penalty. The civil penalty for any one (1) violation shall be not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00). The civil penalty for violations listed within the schedule set forth following below shall be as set forth within the schedule. The administrator may issue a summons for collection of any civil penalty.
(1)
There is hereby established a schedule of civil penalties for certain violations of this article, and any civil penalty assessed by a court to a person who is found to have violated the sections referenced in the schedule shall be in accordance with the schedule.
_____
| Schedule of Violations Subject to Prescribed Civil Penalties
|
Section
|
Penalty
|
| Additional measures - failure to install additional measures as deemed necessary by the administrator or his inspector once work has commenced | 10-38 | $100.00 |
| Bond - failure to obtain bond | 10-36 | $100.00 |
| E&S plan - failure to submit if required by administrator | 10-35 | $1,000.00 |
| E&S plan - failure to comply with approved plan |
10-35
10-39 |
$500.00 |
| Corrections - failure to comply with mandatory corrections as issued on an E&S inspection notice or report | 10-40 | $500.00 |
| Existing conditions - failure to submit plan or provide controls after receipt of notice |
10-21
10-23 |
$500.00 |
| Inspection - failure to request at the time(s) required by approved plan |
10-39
10-24 |
$100.00 |
| Land-disturbing permit or approved plan - commencement of land-disturbing activities without an approved permit or plan |
10-31
|
$1,000.00 |
| Land-disturbing permit or approved plan - failure to comply with provisions | 10-39 | $500.00 |
| Live waterway - causing silt or debris to enter when engaged in land-disturbing activity without an approved plan and permit | 10-31 | $500.00 |
| Stop work order - failure to cease work after issuance | 10-40 | $1,000.00 |
_____
(2)
Each day during which the violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same operative set of facts result in civil penalties which exceed a total of ten thousand dollars ($10,000.00), except a series of violations arising from the commencement of land-disturbing activities without an approved plan for any site. The assessment of a civil penalty pursuant to this subsection (d) shall be in lieu of criminal sanctions and shall preclude the prosecution of such violation as a misdemeanor. In any trial for a scheduled violation, it shall be the burden of the city to show the liability of the violator by a preponderance of the evidence. An admission or finding of liability shall not be a criminal conviction for any purpose.
(e)
Without limiting the remedies which may be obtained under this section, any person violating or failing, neglecting or refusing to obey any injunction, mandamus or other remedy obtained pursuant to this section shall be subject, in the discretion of the court, to a civil penalty not to exceed two thousand dollars ($2,000.00) for each violation. A civil action for such violation or failure may be brought by the city against such person.
(f)
With the consent of any person who has violated or failed, neglected or refused to obey any regulation or order of the administrator; any condition of a permit; or any provision of this article or associated regulations, the administrator may provide, in an order issued against such person, for the payment of civil charges for violations in specific sums, not to exceed two thousand dollars ($2,000.00). Such civil charges shall be instead of any appropriate civil penalty which could be imposed under subsection (d) or (e) of this section.
(g)
Any civil penalties assessed by a court pursuant to this section shall be paid into the city treasury. However, where the violator is the locality itself, or its agent, the court shall direct the penalty to be paid into the state treasury.
(5-5-14, § 2, eff. 7-1-14)
(a)
Pursuant to Virginia Code § 62.1-44.15:27 and 9VAC25-870-20, this article is adopted to establish a Virginia Stormwater Management Program that will integrate stormwater management requirements with the city's erosion and sediment control program, the city's MS4 permit, flood insurance, floodplain management, and related federal and state permits and requirements, into a unified program. This unified program is intended to facilitate the submission and approval of plans, issuance of permits, payment of fees, and coordination of inspection and enforcement activities into a more convenient and efficient manner for both the city and those responsible for compliance.
(b)
This article is intended to be interpreted, administered and enforced in conjunction with the definitions and provisions of Article I. References to "this article", and references to "provisions of this article" shall be deemed to include (i) the provisions of Article I of this chapter, and (ii) the provisions, criteria, and requirements of each federal or state statute, regulation, standard and specification adopted or referred to within Articles I and III of this chapter.
(5-5-14, § 3, eff. 7-1-4)
(a)
No person shall engage in any land-disturbing activity until a stormwater management plan has been approved and a land-disturbing permit has been issued by the administrator in accordance with section 10-9 of the City Code.
(b)
Except as may otherwise be required by federal law, the following activities are exempt from the provisions of paragraph (a), above:
(1)
Where such uses are permitted by the city's zoning regulations: permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted under the provisions of Title 45.1 of the Code of Virginia;
(2)
Where such uses are permitted by the city's zoning regulations: the clearing of lands specifically for agricultural purposes and the management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations, or as additionally set forth by the board in regulations, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1 of the Code of Virginia or is converted to bona fide agricultural or improved pasture use as described in Subsection B of § 10.1-1163 of Article 9 of Chapter 11 of Title 10.1 of the Code of Virginia;
(3)
Where such use is permitted by the city's zoning regulations: single-family residences separately built and disturbing less than one (1) acre and not part of a larger common plan of development or sale, including additions or modifications to existing single-family detached residential structures;
(4)
Land-disturbing activities that disturb less than six thousand (6,000) square feet of land area, but only if the land area to be disturbed is not part of a common plan of development or sale;
(5)
Discharges to a sanitary sewer or a combined sewer system;
(6)
Activities under a state or federal reclamation program to return an abandoned property to an open land use, or to an agricultural use where permitted by the city's zoning ordinance;
(7)
Routine maintenance performed to maintain the original line and grade, hydraulic capacity, or original construction of a project. The paving of an existing road with a compacted or impervious surface and reestablishment of existing associated ditches and shoulders shall be deemed routine maintenance if performed in accordance with this subparagraph; and
(8)
Land-disturbing activities conducted in response to a public emergency, where the related work requires immediate authorization to avoid imminent endangerment to human health or the environment. In such situations, the administrator shall be advised of the disturbance within seven (7) days of the commencement of the land-disturbing activity and compliance with the administrative requirements of this chapter is required within thirty (30) days of commencing the land-disturbing activity.
(5-5-14, § 3, eff. 7-1-4)
Pursuant to Virginia Code §§ 62.1-44.15:27 and 62.1-44.15:49, the city hereby establishes a Virginia Stormwater Management Program (VSMP) for land-disturbing activities and adopts the regulations promulgated by the board, specifying standards and specifications for such programs. No grading, building, or other city permit, shall be issued for a property unless a permit has been issued by the administrator pursuant to section 10-9 of this chapter.
(5-5-14, § 3, eff. 7-1-4)
(a)
A person shall not commence, conduct, or engage in any land-disturbing activity until such person has submitted a stormwater management plan to the administrator as part of the application required by section 10-9 and has obtained approval of the plan and a permit from the administrator authorizing the commencement of land-disturbing activity.
(b)
Every stormwater management plan shall apply the stormwater management technical criteria set forth in section 10-54 to the entire land-disturbing activity. Individual lots within new residential, commercial or industrial subdivisions and developments shall not be considered separate land-disturbing activities, and the stormwater management plan for the entire subdivision or development shall govern the development of the individual parcels, including parcels developed under any subsequent owner(s).
(c)
Every stormwater management plan shall consider all sources of surface runoff and all sources of subsurface and groundwater flows converted to subsurface runoff; and shall include the following:
(1)
A general description of the proposed stormwater management facilities and the mechanism through which the permanent facilities will be operated and maintained after construction is complete;
(2)
Contact information, including the name, address, and telephone number of the owner and the city tax map reference(s) and parcel number(s) of the property on which the land-disturbing activity is to be conducted;
(3)
A narrative that includes (i) a description of current site conditions and (ii) a description of final site conditions upon completion of development;
(4)
Information on the type and location of stormwater discharges; information on the features to which stormwater is being discharged including surface waters or karst features, if present, and the pre-development and post-development drainage areas;
(5)
Information on the proposed stormwater management facilities, including:
a.
The type of facilities;
b.
Location, including the address, latitude and longitude, and the sixth order hydrologic unit code in which the facilities are located;
c.
Total area (expressed as acreage) treated;
d.
Impervious area (expressed as acreage) treated;
e.
Amount of pollutants removed (expressed as a number of pounds of phosphorous per year); and
f.
The surface waters or karst features, if present, into which the facility will discharge.
(6)
Hydrologic and hydraulic computations, including runoff characteristics;
(7)
Documentation and calculations verifying compliance with applicable water quality and quantity requirements. All stormwater runoff controls shall be designed and installed in accordance with the water quality and water quantity design criteria specified in section 10-54, and any additional standards or criteria set forth within the City's Standards and Design Manual;
(8)
A map or maps of the site that depicts the topography and other characteristics of the entire area of the land-disturbing activity and proposed development, including:
a.
All contributing drainage areas;
b.
Existing streams, ponds, culverts, ditches, wetlands, other water bodies, and floodplains;
c.
Soil types, geologic formations if karst features are present in the area, forest cover, and other vegetative areas;
d.
Current land use, including existing structures, roads, and locations of known utilities and easements;
e.
Sufficient information on adjoining parcels to assess the impacts of stormwater from the development site on such adjacent parcels;
f.
The limits of clearing and grading, and the proposed drainage patterns on the site;
g.
Proposed buildings, roads, parking areas, paved surfaces, utilities, and stormwater management facilities;
h.
Proposed land use(s), with tabulation of the percentage of surface area to be adapted to various uses, including but not limited to planned locations of utilities, streets, paved areas, and public and private easements; and
i.
A description of the proposed timing and/or phasing of land-disturbing activities and development.
The land area depicted in the map shall include all land within the limits of a valid, approved preliminary or final site plan, or a valid, approved preliminary or final subdivision plat, for the proposed development, and the proposed land use(s) and improvements shown on such site plan or subdivision plat shall be the same as those depicted within the map.
(9)
Any other information, materials, requirements or provisions required by state regulations, including, without limitation, 9VAC25-870-55 and the City's Standards and Design Manual.
(10)
If an operator intends to meet water quality and/or quantity requirements through the use of off-site compliance options, where applicable, then a letter of availability from the off-site provider must be included and the requirements of Virginia Code § 62.1-44.15:35 must be satisfied. Approved off-site options must achieve the necessary nutrient reductions prior to the commencement of the applicant's land-disturbing activity, except as otherwise allowed by Virginia Code § 62.1-44.15:35.
(11)
Signature and seal by a professional, if any elements of the stormwater management plan includes activities within the scope of the practice of architecture, land surveying, landscape architecture, or engineering, or other activities regulated under Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 of the Virginia Code.
(d)
If land-disturbing activity is for the purpose of establishing or modifying an individual single-family detached dwelling, then, in accordance with applicable state regulations, the administrator may enter into an agreement in lieu of a plan with a property owner. Any such agreement in lieu of a stormwater management plan shall refer to specific measures that shall be implemented by the property owner to comply with the requirements of this article for the construction of the dwelling.
(5-5-14, § 3, eff. 7-1-4)
(a)
To protect the quality and quantity of state water from the potential harm of unmanaged stormwater runoff resulting from land-disturbing activities, the city hereby adopts the following technical criteria:
(1)
The technical criteria set forth in Part II B of the Regulations, as amended, §§ 9VAC25-870-62 et seq. ("Part II B Technical Criteria"); and
(2)
The technical criteria set forth in Part II C of the Regulations, as amended, §§ 9VAC25-870-93 et seq. ("Part II C Technical Criteria").
(b)
The Part II B Technical Criteria shall apply to all regulated land-disturbing activities, except as expressly set forth in subparagraphs (c) through (h), following below.
(c)
Land-disturbing activity shall be subject to the Part II C Technical Criteria, if coverage under the state general permit was obtained, or land disturbance was otherwise lawfully commenced, prior to July 1, 2014.
(d)
Land-disturbing activity shall be considered grandfathered, and therefore subject to the Part II C Technical Criteria, as set forth within the provisions of 9VAC25-870-48.
(e)
The administrator may grant exceptions to the Part II B Technical Criteria or Part II C Technical Criteria, provided that (i) the exception is the minimum necessary to afford relief; (ii) reasonable and appropriate conditions are imposed so that the intent of the Act, the regulations, and this article are preserved; (iii) granting the exception will not confer any special privileges, and (iv) exception requests are not based upon conditions or circumstances that are self-imposed or self-created. Economic hardship alone is not sufficient reason or justification for granting an exception. Notwithstanding the foregoing, the administrator shall not have authority to approve the following:
(1)
Waiver of the requirement of a permit for any land-disturbing activity;
(2)
Permission to use any BMP not found on the Virginia Stormwater BMP Clearinghouse Website; or a waiver or exception to the requirement for any control measure specifically approved by the director of DEQ or the board, except in accordance with Virginia Code § 62.1-44.15:33(C). Notwithstanding the foregoing, the administrator may approve the use of BMPs not found on the Virginia Stormwater BMP Clearinghouse Website for projects less than one (1) acre in size; or
(3)
Exceptions to, or waiver of, post-development nonpoint nutrient runoff compliance requirements, unless the administrator determines that offsite options permitted pursuant to 9VAC25-870-69 have been considered and found not available.
(f)
Nothing in this section shall preclude construction of a stormwater management facility or BMP, or implementation of any technique or practice, to a more stringent standard at the developer's option.
(5-5-14, § 3, eff. 7-1-4)
(a)
Every land-disturbing permit approved by the administrator for activities regulated by this article shall be subject to the following conditions, which shall be deemed incorporated into such permit, as if set forth therein verbatim:
(1)
The permittee shall take all reasonable steps to minimize or prevent any discharge that has a reasonable likelihood of adversely affecting human health or the environment;
(2)
The permittee shall at all times conduct land-disturbing activities in accordance with the approved stormwater management plan and, when required, the SWPPP and all of its component parts and requirements;
(3)
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control, and all related appurtenances, that are constructed, installed or used to achieve compliance with the requirements of this article and the approved stormwater management plan. Proper operation and maintenance includes adequate laboratory controls and appropriate quality assurance procedures;
(4)
The permittee shall promptly furnish to the administrator any information that the administrator may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit, or to determine compliance with the permit, or to determine the effect of a discharge on the quality of state waters, or such other information as the administrator deems necessary to accomplish the purposes of this article;
(5)
The permittee shall allow the administrator, or an authorized representative, to:
a.
Enter upon the site where regulated land-disturbing activity or stormwater management facility is located, or where records are required to be kept;
b.
Have access to and copy, at reasonable times, any records kept by the permittee in relation to the conduct and operations of any land-disturbing activity and the design, specifications, installation, construction, and operation of stormwater management facility;
c.
Sample or monitor, at reasonable times, for the purposes of determining compliance with requirements of this article, any substances or parameters at any location within the site;
(6)
Samples and measurements taken by the permittee for the purpose of monitoring shall be representative of the monitored activity. Monitoring results must be conducted according to test procedures and methods accepted by the state; analysis or analyses required to be performed by a laboratory shall be performed by an environmental laboratory certified under regulations adopted by the state's department of general services. Monitoring results shall be reported to the administrator on a discharge monitoring report (DMR) form provided by the administrator. If the permittee monitors any pollutant more frequently than required, using test procedures accepted by the state, the results of such monitoring shall be included in the calculation and reporting of data submitted within a required discharge monitoring report;
(7)
The permittee shall retain records of all monitoring, including all monitoring information, calibration and maintenance records, and original strip chart recordings for continuous monitoring instrumentation, copies of monitoring reports, and records of all data used to complete any submission required by this article. In addition to the foregoing, records of monitoring shall include:
a.
Date, exact place, and time of sampling or measurements;
b.
Identity of the individual(s) who performed the sampling or measurements;
c.
The date(s) on which analyses were performed;
d.
The analytical technique(s) or method(s) used;
e.
Results of analysis/ analyses; and
f.
Copies of discharge monitoring reports.
(8)
The permittee shall give advance notice to the administrator:
a.
Of any planned physical alteration(s) or addition(s) to the site or to the stormwater management facilities described within the permit, when such alteration(s) or addition(s) may meet state criteria for determining whether a facility is a new source, or when such alteration(s) or addition(s) could significantly change the nature of, or increase the quantity of, pollutants discharged.
b.
Of any planned changes to the stormwater management facilities described within the permit, and
c.
Of any activity that may result in noncompliance with the requirements of this article or with any of the conditions set forth within this section;
(9)
The permit issued by the administrator is not transferable to any other person, unless the permittee provides evidence to the administrator that the requirements of 9VAC25-870-620 have been satisfied in relation to a transfer of any required state general permit;
(10)
Reports of compliance or noncompliance with, or any progress reports in regard to, any compliance schedule established by the administrator shall be submitted no later than fourteen (14) days following each schedule date;
(11)
The permittee shall immediately report any noncompliance which may endanger health or the environment. Information regarding any such noncompliance shall be provided orally within twenty-four (24) hours after the permittee becomes aware of the circumstances. The oral report shall be followed by a written report, which must be received by the administrator no later than five (5) days after the permittee became aware of the circumstances. The written report shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and, if the noncompliance has not been corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. Examples of noncompliance that require reports pursuant to this condition include, without limitation: any unanticipated bypass that exceeds an applicable effluent limitation; any upset that exceeds an applicable effluent limitation; and violation of a maximum daily discharge limitation for any pollutants required by the state to be reported within twenty-four (24) hours.
(12)
Any noncompliance not reported under conditions (9) or (10), above, shall be reported by the permittee to the administrator in writing at the time the next monitoring report is submitted to the administrator. The report of noncompliance shall contain the same information required for reports made pursuant to condition (10), above;
(13)
Where the land-disturbing activity is also subject to coverage under the state general permit, or other state permit, the permittee shall comply with all conditions and requirements of such state permit(s), including, without limitation, those conditions set forth within 9VAC25-870-430. The permittee shall provide to the administrator copies of submissions, reports, and information required to be given to the state, simultaneously with transmittal to the state. In addition to any remedies under state law and the regulations, state permit noncompliance shall be grounds for enforcement action under this article, and for termination, revocation, reissuance or modification of the permit issued by the administrator pursuant to section 10-9 of Article I;
(14)
All applications, reports and information submitted to the administrator shall be signed and certified in the manner, and by such person(s) prescribed within 9VAC25-870-370;
(15)
In the event the permittee becomes aware that it failed to submit any relevant facts in any application to the administrator for a permit, or that it submitted incorrect information to the administrator in any application, or any other submission, report, or document required by this article, the permittee shall promptly submit the relevant facts or correct information to the administrator;
(16)
All stormwater management control devices and facilities, and other techniques for management of the quality and/or quantity of stormwater runoff, shall be designed, installed, implemented, constructed and maintained in accordance with the approved stormwater management plan approved for the development and all other applicable requirements of this article; and
(17)
The permit issued by the administrator may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a modification, revocation and reissuance or termination, or a notification of planned changes or anticipated noncompliance, shall not operate as a stay of the permittee's obligation to perform the requirements of any condition referenced in this section.
(b)
Within sixty (60) days of the completion of the requirements of all of the permit conditions, the performance guarantee required by section 10-9(3), or the unexpended or unobligated portion thereof, will be refunded or terminated.
(5-5-14, § 3, eff. 7-1-4)
(a)
The administrator shall require the provision of long-term responsibility for and maintenance of stormwater management facilities and other techniques specified to manage the quality and quantity of stormwater. Such requirements shall be set forth in an instrument recorded in the local land records prior to permit issuance. Every such instrument shall:
(1)
Be submitted to the administrator for review and approval prior to the approval of the stormwater management plan;
(2)
Include an express statement that the maintenance responsibility shall run with the land;
(3)
Provide a right of ingress and egress to and from stormwater management facilities and other techniques, sufficient to provide all necessary access to the property for purposes of maintenance and regulatory inspections;
(4)
Provide for inspections and maintenance and the submission of inspection and maintenance reports to the administrator; and
(5)
Clearly recognize a right of enforcement by all appropriate public bodies, including state and local authorities.
(b)
Except as provided below, the city shall have no responsibility for maintenance or repair of stormwater management facility, BMP or other technique (individually and collectively, a "facility") designed and implemented to manage the quality and quantity of stormwater. Acceptance or approval of an easement, subdivision plat, site plan or other plan of development shall not constitute acceptance by the city or the administrator of responsibility for the maintenance, repair or replacement of any such facility. As used in this paragraph, "maintenance, repair or replacement" shall include, without limitation, cleaning of the facility, maintenance of property adjacent to the facility, installation, repair or replacement of fencing surrounding a facility, and posting of signs indicating the name of the entity responsible for maintenance of the facility.
(1)
In the event that any common interest community, as defined in Virginia Code § 55-528, desires to cede or transfer responsibility for maintenance, repair and replacement of a stormwater management facility, or other technique for management of the quality and quantity of stormwater, to the city, (i) the common interest community and city council must enter into a written contract, or other instrument, executed by both parties, and (ii) prior to execution of any contract or instrument, the city council shall have accepted the responsibility ceded or transferred by the common interest community by resolution.
(2)
In the event that any person, including any entity other than a common interest community, desires to cede or transfer responsibility for maintenance, repair and replacement of a facility to the city, the process for the city's approval and acceptance of such responsibility shall be the same as specified in subparagraph (b)(1), preceding above.
(c)
No facility shall be identified on any subdivision plat, site plan or other plan of development, as being dedicated for public use, unless such facility is to be constructed as part of the city-owned and -operated public storm sewer system, and is subject to a performance guarantee requiring the facility to be designed and constructed in accordance with city standards.
(d)
If the administrator (i) has developed a strategy for addressing maintenance of stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which such facilities are located, and (ii) is satisfied that there an enforceable mechanism exists by which future maintenance of such facilities will be addressed, then the recorded instrument referenced in paragraph (a), above, need not be required for stormwater management facilities designed for and implemented to treat stormwater runoff from such individual residential lot.
(5-5-14, § 3, eff. 7-1-4)
(a)
The administrator, or any authorized agent of the administrator, shall inspect land-disturbing activity during construction for:
(1)
Compliance with the approved erosion and sediment control plan;
(2)
Compliance with the approved stormwater management plan and applicable permit conditions;
(3)
Development, modification, updating, and implementation of a SWPPP, including, without limitation, any component pollution prevention plan, when required; and
(4)
Development, modification, updating, and implementation of any additional control measures necessary to address a TMDL.
(b)
Following completion of the installation or construction of stormwater management facilities, the administrator shall conduct periodic inspections, to determine whether measures are being maintained as provided in the approved plan, or to investigate a complaint pertaining to the plan. Such post-construction inspections shall be conducted by the administrator at least once every five (5) years.
(c)
A construction record drawing shall be submitted to the administrator upon completion of the installation or construction of any permanent stormwater management facility or facilities, including, without limitation, permanent BMPs. The construction record drawing shall be signed and sealed by a licensed professional, as defined in section 10-5, and shall contain a certification of such professional that the stormwater management facility or facilities have been constructed in accordance with the approved stormwater management plan.
(d)
Consistent with the authority conferred within Virginia Code § 62.1-44.15:39, the administrator, or an authorized agent of the administrator, may, at reasonable times and under reasonable circumstances, enter any site or property, for the purpose of obtaining information or conducting surveys or investigations necessary in the enforcement of the provisions of this article.
(e)
The administrator may also enter any establishment or upon any property, public or private, at reasonable times and under reasonable circumstances, for the purpose of initiating or maintaining appropriate actions which are required by the permit conditions associated with a land-disturbing activity, when a permittee, after proper notice, has failed to take acceptable action within the time specified.
(f)
Pursuant to Virginia Code § 62.1-44.15:40, the administrator may require every permit applicant or permittee, any operator, or any other person subject to permit requirements, to furnish when requested such application materials, plans, specifications, and other pertinent information as may be necessary to determine the effect of his discharge on the quality of state waters, or such other information as may be necessary to accomplish the purposes of this article.
(5-5-14, § 3, eff. 7-1-4)
(a)
The administrator may require that an approved stormwater management plan be amended, within a time prescribed by the administrator, to address any deficiencies noted during any inspection.
(b)
Any modification(s) of an approved stormwater management plan shall be allowed only after review and written approval of the administrator. Following receipt of a complete request, supported by such information deemed necessary by the administrator to determine compliance with the requirements of this article and Article I, the administrator shall have sixty (60) days to act on the request, either by approval or by disapproval set forth in writing. The administrator's review and decision shall be based on the requirements set forth within the regulations, and those set forth within this article and within Article I.
(5-5-14, § 3, eff. 7-1-4)
(a)
If the administrator determines that there is a failure to comply with a permit or any permit conditions, or if the administrator determines there is an unauthorized discharge, the administrator shall serve notice upon the permittee or other person responsible for carrying out the permit conditions, by any of the following: verbal warnings, written inspection reports, notices of corrective action, consent special orders, and notices to comply. Written notices shall be served by mailing with confirmation of delivery to the address specified in the permit application, or by delivery at the site of the land-disturbing activities, to the agent or employee supervising such activities.
(1)
The notice shall specify the measures needed to comply with the permit conditions and shall specify the time within which such measures shall be completed. Upon failure to comply within the time specified, a stop work order may be issued, or the permit may be revoked by either the administrator or the board.
(2)
If a permittee fails to comply with a notice issued in accordance with this section within the time specified, the administrator may issue an order ("stop work order") requiring the owner, permittee, person responsible for carrying out an approved plan, or the person conducting the land-disturbing activities without an approved plan or required permit, to cease all land-disturbing activities until the violation of the permit has ceased, or an approved plan and required permits are obtained, and specified corrective measures have been completed. A stop work order shall be in writing, and shall become effective upon service on the person (i) by mailing, with confirmation of delivery, sent to the person's address specified in the land records of the city, or (ii) by personal delivery by an agent of the administrator. However, if the administrator finds that any violation is grossly affecting or presents an imminent and substantial danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth, or is otherwise substantially impacting water quality, it may issue, without advance notice or hearing, an emergency stop work order directing such person to cease immediately all land-disturbing activities on the site and shall provide an opportunity for a hearing, after reasonable notice as to the time and place thereof, to such person, to affirm, modify, amend, or cancel such emergency order. If a person who has been issued a stop work order is not complying with the terms thereof, the administrator may institute a proceeding for an injunction, mandamus, or other appropriate remedy in accordance with this section.
(b)
Any person violating or failing, neglecting, or refusing to obey any provision of this article, any order issued hereunder, or any permit condition, may be compelled in a proceeding instituted in the circuit court for the City of Charlottesville to obey same and to comply therewith by injunction, mandamus or other appropriate remedy, as set forth within Virginia Code §§ 62.1-44.15:42 and 62.1-44.15:48(D). If the administrator applies to a court to enjoin a violation or a threatened violation of the provisions of this article, the administrator shall not be required to show that an adequate remedy at law exists.
(c)
A person who violates this article may be subject to criminal prosecution and criminal penalties, as follows:
(1)
Any person who willfully or negligently violates any provision of this article, any regulation or order of the board, any order of the administrator, any order of DEQ, any permit condition, or any order of a court, shall be guilty of a misdemeanor punishable by confinement in jail for not more than twelve (12) months and a fine of not less than two thousand five hundred dollars ($2,500.00) nor more than thirty-two thousand five hundred ($32,500.00), either or both. A defendant that is not an individual shall, upon conviction of a violation under this subsection be sentenced to pay a fine of not less than ten thousand dollars ($10,000.000.
(2)
Any person who knowingly violates any provision of this article, any regulation or order of the board, any order of the administrator or of DEQ, or any permit condition, or any order of a court issued as herein provided, or who knowingly makes any false statement in any application, form or submission required by this article, or who knowingly renders inaccurate any monitoring device or method required to be maintained, shall be guilty of a felony punishable by a term of imprisonment of not less than one (1) year nor more than three (3) years, or in the discretion of the jury, or the court trying the case without a jury, confinement in jail for not more than twelve (12) months and a fine of not less than five thousand dollars ($5,000.00) or more than fifty thousand dollars ($50,000.00) for each violation. A defendant that is not an individual shall, upon conviction of a violation under this subsection be sentenced to pay a fine of not less than ten thousand dollars ($10,000.00)
(3)
Any person who knowingly violates any provision of this article, and who knows at that time that he or she thereby places another person in imminent danger of death or serious bodily harm, shall, upon conviction, be guilty of a felony punishable by a term of imprisonment of not less than two (2) years or more than fifteen (15) years and a fine of not more than two hundred fifty dollars ($250,000), either or both. A defendant that is not an individual shall, upon conviction of a violation under this provision, be sentenced to pay a fine not exceeding the greater of one million dollars ($1,000,000.00) or an amount that is three (3) times the economic benefit realized by the defendant as a result of the offense. The maximum penalty shall be doubled with respect to both fine and imprisonment, for any subsequent conviction of the same person under this provision.
(d)
Any person who violates any provision of this article, any order issued hereunder, or any permit condition, shall be subject to a civil penalty imposed by the administrator, not to exceed thirty-two thousand five hundred dollars ($32,500.00) per day for each violation. Each day a violation continues shall constitute a separate offense. The administrator may issue a summons for collection of the civil penalty and the action may be prosecuted in the appropriate court.
(1)
Violations for which a penalty may be imposed under this paragraph (e) shall be as follows:
a.
No state permit registration;
b.
No approved stormwater management plan;
c.
No SWPPP; an incomplete SWPPP; SWPPP not available for review at the site;
d.
No approved erosion and sediment control plan;
e.
Failure to install stormwater BMPs or erosion and sediment controls;
f.
Stormwater BMPs or erosion and sediment controls improperly installed or maintained;
g.
Failure to conduct land-disturbing activity in accordance with operational requirements established by regulations or by this chapter;
h.
Failure to conduct required inspections;
i.
Incomplete, improper, or missed inspections; and
j.
Discharges not in compliance with the requirements of Section 9VAC50-60-1170 of the state general permit.
(2)
Any civil penalties assessed by a court as a result of a civil summons issued by the administrator shall be paid into the treasury of the city, to be used as specified within Virginia Code § 62.1-44.15:48(A).
(e) With the consent of any person who has violated or failed, neglected or refused to obey any provision or requirement of this article or any regulation, statute, ordinance, standard or specification referenced herein, or any permit, or any permit condition, the administrator may provide, in an order issued against such person, for the payment of civil charges for violations in specific sums, not to exceed the limit specified in paragraph (d), above. Any such civil charges shall be instead of any civil penalty that could be imposed under this section. Any civil charges collected shall be paid into the treasury of the city, to be used as specified within Virginia Code § 62.1-44.15:48(A).
(5-5-14, § 3, eff. 7-1-4)
(a)
Except as otherwise provided in this article, any land adjacent to the following listed waters, shall provide buffers for the purposes of retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff:
(1)
Rivanna River;
(2)
Moore's Creek;
(3)
Meadow Creek.
(b)
A required stream buffer shall be no less than one hundred (100) feet wide on each side of the stream, which buffer shall be measured horizontally from the top of the stream bank.
(c)
Existing stream buffers shall be retained, except as allowed in section 10-74(d).
(d)
Each required stream buffer shall be maintained and incorporated into the design of the land development to the fullest extent possible.
(e)
Within a required stream buffer, no indigenous vegetation shall be disturbed or removed, except as follows:
(1)
Activities pertaining to the management of the stream buffer, identified in section 10-72 of this article;
(2)
Development activities authorized in a stream buffer, identified in section 10-74;
(3)
Activities authorized in section 10-73;
(4)
Tilling, planting or harvesting of agricultural or horticultural crops in home gardens.
(f)
With respect to developments that are required to have an approved site plan, and involving land containing existing and/or required stream buffers, contour lines shall be shown at two-foot intervals. In any case where any proposed development requires an approved plan other than a site plan, the location of existing and required stream buffers shall be shown on such plan.
(9-20-04, § 1)
Each stream buffer required to be established or maintained pursuant to this article shall be managed as provided herein:
(1)
The target vegetative cover in a stream buffer area shall be an indigenous riparian forest with ground cover, shrub and tree canopy layers.
(2)
Within twenty-five (25) feet of the top of the stream bank:
a.
Indigenous riparian vegetation shall be preserved, or, where it does not exist, it shall be restored or allowed to evolve by natural succession;
b.
Dead, diseased, and dying trees may be removed;
c.
Fallen trees that are blocking stream channels, or trees with undermined root systems in imminent danger of falling, may be removed where stream bank erosion is a current or potential problem that outweighs any positive effects the fallen tree or trees may have on the stream ecosystem;
d.
Removal or pruning of invasive shrub and vine species is allowed, provided that such removal or pruning is done in a manner that prevents erosion;
e.
Unpaved pathways and trails may be constructed and maintained in a manner that will effectively control erosion and to minimize adverse impacts to the buffer, subject to applicable provisions of section 10-74, below; and
f.
Stormwater channels may be constructed and maintained in a manner that will prevent erosion and minimize adverse impacts to the buffer.
(3)
Beyond twenty-five (25) feet from the top of the stream bank to the limits of the required buffer:
a.
Dead, diseased and dying trees may be removed;
b.
Trees six (6) inches in diameter or greater, measured forty-eight (48) inches from the ground, shall be preserved;
c.
Removal or pruning of invasive shrub and vine species shall be allowed, provided that such removal or pruning is done in a manner that prevents erosion; and
d.
Unpaved pathways and trails may be constructed and maintained in a manner that will effectively control erosion and minimize adverse impacts to the buffer, subject to applicable provisions of section 10-74, below.
e.
Stormwater channels may be constructed and maintained in a manner that will prevent erosion and minimize adverse impacts to the buffer.
(9-20-04, § 1)
The following types of development shall not be required to retain, establish or manage a stream buffer, provided that the requirements of this section are satisfied:
(1)
The construction, installation, operation and maintenance of electric, gas and telephone transmission lines, railroads, and activities of the Virginia Department of Transportation, and their appurtenant structures, which are accomplished in compliance with the Erosion and Sediment Control Law (Virginia Code § 10.1-560 et seq.) or an erosion and sediment control plan approved by the Virginia Soil and Water Conservation Board.
(2)
The construction, installation and maintenance by public agencies of water, sewer, electric and gas lines, including lines constructed by private entities for dedication to public agencies, provided that:
a.
To the extent practical, the location of such lines shall be outside required stream buffer areas;
b.
No more land shall be disturbed than is necessary to construct, install and maintain the water or sewer lines; and
c.
Construction, installation and maintenance of such lines shall comply with applicable federal, state and local requirements and permits and be conducted in a manner that protects water quality.
(9-20-04, § 1)
If otherwise authorized by applicable regulations of the city's zoning ordinance, the following land development activities shall be allowed in a stream buffer area, provided that the requirements of this section are satisfied and performance standards established by the program authority are met:
(1)
A building or structure which existed on the date of adoption of this chapter may continue at such location. However, nothing in this section authorizes the continuance, repair, replacement, expansion or enlargement of such building or structure except as authorized by the city's zoning ordinance.
(2)
On-site or regional stormwater management facilities, and temporary erosion and sediment control measures, provided that:
a.
To the extent practical the location of such facilities shall be outside the stream buffer;
b.
No more land shall be disturbed than is necessary to provide for construction and maintenance of the facility;
c.
The facilities are designed and constructed so as to minimize impacts to the functional value of the stream buffer and to protect water quality; and
d.
Facilities located within a floodplain adhere to floodplain regulations and are designed and located, to the extent practical, to maintain their water quantity and/or water quality control value during flood conditions.
(3)
Water dependent facilities, passive recreation access (such as unpaved pathways and trails), historic preservation, and archaeological activities, provided that all applicable federal, state, and local permits are obtained.
(4)
Development in a stream buffer, where authorized by the program authority in the circumstances described below, may be allowed if a mitigation plan is submitted to and approved by the program authority pursuant to section 10-75:
a.
On a lot which was of record prior to the date of adoption of this chapter, if (i) establishment or preservation of the stream buffer would result in the loss of a building site, and there are no other available building sites outside the stream buffer on the lot, or (ii) the proposed development consists of redevelopment not exceeding the current level of encroachment resulting from existing improvements, or (iii) the proposed development is for construction of an accessory building or structure (including, without limitation, an accessory apartment) permitted by the city's zoning ordinance, provided that such accessory building or structure must be located within the first fifty (50) landward feet of the buffer and provided further that the footprint of any such accessory building or structure shall not exceed four hundred (400) square feet.
b.
On a lot on which development within the stream buffer will consist of an ecological/wetland restoration project;
c.
On a lot on which the development in the stream buffer will consist of the construction and maintenance of a driveway or roadway, and the program authority determines that the stream buffer would prohibit reasonable access to a portion of the lot which is necessary for the owner to have a reasonable use of the lot;
d.
On a lot on which the development in the stream buffer will consist of the construction and maintenance of a paved pathway or trail exceeding three (3) feet in width;
e.
On a lot which was of record prior to the date of adoption of this chapter, on which development within the stream buffer will consist of the construction, installation and maintenance of water and sewer facilities or sewage disposal systems, and the program authority determines that the stream buffer would prohibit the practicable development of such facilities or systems.
(9-20-04, § 1)
Each owner who seeks to develop in a stream buffer pursuant to section 10-74(d) shall submit to the program authority for review and approval a mitigation plan as provided herein:
(1)
The owner shall submit a mitigation plan that satisfies the applicable requirements of this section; the required fee, as set forth within the most recent fee schedule approved by city council; and a certification stating that all requirements of the approved plan will be complied with.
(2)
The mitigation plan shall be reviewed by the program authority to determine whether it complies with the requirements of this section and all other requirements of this article. The program authority shall approve or disapprove a mitigation plan within thirty (30) days of the date that a complete plan was accepted for review. The decision shall be in writing and shall be communicated to the owner. If the plan is disapproved, the reasons for such disapproval shall be stated in the decision.
(3)
Each mitigation plan shall:
a.
Identify the impacts of proposed development on water quality and lands within the stream buffer;
b.
Identify the alternatives to development in the stream buffer that have been explored by the applicant;
c.
Ensure that, where development does take place within a stream buffer, it will be located on those portions of a site and in a manner that will be least disruptive to the natural functions of the stream buffer;
d.
Demonstrate and assure that development will be conducted using best management practices;
e.
Specify mitigation which will address water quality and stream buffer impacts; and
f.
Contain other information requested by the program authority.
(4)
Each mitigation plan shall be evaluated by the program authority based on the following criteria:
a.
Whether all reasonable alternatives to development in the stream buffer have been explored and exhausted;
b.
Whether the development in the stream buffer is the minimum necessary and is to be conducted in a manner that will be least disruptive to the natural function of the stream buffer; and
c.
Whether best management practices will effectively mitigate adverse impacts from the encroachment on the stream buffer and its natural functions.
(9-20-04, § 1)
(a)
Any person who violates any provision of this article shall be guilty of a misdemeanor and shall be subject to a fine not exceeding one thousand dollars ($1,000.00) or up to thirty (30) days imprisonment, or both, for each violation.
(b)
The city may apply to the circuit court for the City of Charlottesville, to enjoin a violation or a threatened violation of the provisions of this article, without the necessity of showing that an adequate remedy at law exists.
(c)
Without limiting the remedies that may be obtained pursuant to this section, the city may bring a civil action against any person for violation of this article. The action may seek the imposition of a civil penalty of not more than two thousand dollars ($2,000.00) against the person for each violation.
(d)
With the consent of any person who has violated or failed, neglected or refused to obey any provision of this article, the program authority may provide, in an order issued by the program authority against such person, for the payment of a civil charge for any violation, in a specific sum, not to exceed two thousand dollars ($2,000.00) per violation. Such civil charge shall be in lieu of any civil penalty which could be imposed under paragraph (c).
(12-5-05(1))
(a)
Pollutants in stormwater from many sources are largely uncontrolled and have an adverse impact upon the quality of receiving waters. Major sources of stormwater that cause water quality impacts include construction sites, illicit connections, illegal discharges and industrial activities.
(b)
Amendments to the federal Clean Water Act (CWA) in 1987 required the United States Environmental Protection Agency to establish National Pollutant Discharge Elimination System (NPDES) requirements for municipal separate storm sewer (MS4) systems. NPDES regulations require the city to control through ordinance, permit, contract or other available means (collectively, the city's "stormwater management program") the contribution of pollutants into waters of the United States.
(c)
This article is adopted as an integral part of the city's stormwater management program.
(9-20-04, § 1)
(a)
It shall be unlawful and a violation of this article to:
(1)
Cause or allow any illicit discharge to the city's storm sewer system;
(2)
Connect, or cause or allow to be connected, any sanitary sewer to the storm sewer system, except any such connections owned or authorized by the city prior to September 20, 2004;
(3)
Cause or allow any illicit connection to the city's storm sewer system; or
(4)
Violate any condition or provision of this article, or any permit or approval granted to allow any stormwater discharges to the city's storm sewer system.
(b)
Subject to the provisions of subsection (c) of this section, the following activities shall not be considered illicit discharges:
(1)
Water line flushing;
(2)
Landscape irrigation;
(3)
Diverting stream flows or rising groundwater, or infiltration of uncontaminated groundwater;
(4)
Public safety activities, including, but not limited to, law enforcement and fire suppression;
(5)
Pumping of uncontaminated groundwater from potable water sources, foundation drains, irrigation waters, springs, or water from crawl spaces or footing drains;
(6)
Lawn watering;
(7)
Individual car washing on residential properties;
(8)
De-chlorinated swimming pool discharges (less than 1 PPM chlorine);
(9)
Street washing;
(10)
Any activity authorized by a valid National Pollutant Discharge Elimination System (NPDES) permit, waiver or discharge order, a Virginia Pollutant Discharge Elimination System (VPDES) permit, waiver or discharge order, or a Virginia Pollution Abatement (VPA) permit;
(11)
Any activity by a governmental entity in accordance with federal, state, and local regulations and standards for the maintenance or repair of drinking water reservoirs or drinking water treatment or distribution systems; and
(12)
Any activity by the city, its employees and agents, in accordance with federal, state and local regulations and standards, for the maintenance of any component of its stormwater management system.
(13)
Discharges specified in writing by the director as being necessary to protect public health and safety.
(14)
Dye testing, following notification to the city's environmental administrator.
(c)
If any of the activities listed in subsection (b), above, of this section are found to be sources of pollutants to public waters, the director (as defined in section 10-5 of this chapter) shall so notify the person performing such activities and shall order that such activities be stopped or conducted in such manner as to avoid the discharge of pollutants into such waters. The failure to comply with any such order shall be unlawful and a violation of this article.
(9-20-04, § 1; 12-5-05(1))
(a)
The director, as defined in section 10-5 of this chapter, shall have authority to carry out all inspection, surveillance and monitoring procedures necessary to determine compliance and noncompliance with the provisions of this article, including the prohibition of illicit discharges to the storm sewer system. The director may monitor stormwater outfalls or other components of the municipal storm sewer system as may be appropriate in the administration and enforcement of this article.
(b)
The director shall have the authority to require pollution prevention plans from any person whose discharges cause or may cause a violation of a VPDES permit.
(9-20-04, § 1; 12-5-05(1))
(a)
A willful violation of the provisions of this article shall constitute a Class 1 misdemeanor. Each day that a continuing violation of this article is maintained or permitted to remain shall constitute a separate offense.
(b)
Any person who commits any act prohibited by this article shall be liable to the city for all costs of testing, containment, cleanup, abatement, removal and disposal of any substance unlawfully discharged into the storm sewer system.
(c)
Any person who commits any act prohibited by this article shall be subject to a civil penalty in an amount not to exceed one thousand dollars ($1,000.00) for each day that a violation continues. The court assessing such penalty may, at its discretion, order that the penalty be paid into the treasury of the city for the purpose of abating, preventing or mitigating environmental pollution.
(d)
The city, acting by and through the director, may bring legal action to enjoin the continuing violation of this article. The existence of any other remedy at law or in equity, shall be no defense to any such action.
(e)
The director shall have authority to order that any activity found to be in violation of this article be stopped or conducted in such a manner as to avoid the discharge of sewage, industrial wastes or other wastes into the storm sewer system.
(f)
Any discharge caused or permitted to exist in violation of any provisions of this article constitutes a threat to the public health, safety and welfare, and is hereby declared and deemed a public nuisance. Following receipt of written notice of such nuisance from the director, if the responsible person fails to abate or obviate such nuisance, then the city may do so and charge and collect the cost thereof from the responsible person, in any manner provided by law (including, without limitation, any manner provided by law for the collection of state or local taxes).
(g)
The remedies set forth in this section shall be cumulative, not exclusive, and it shall not be a defense to any action, civil or criminal, that one (1) or more of the remedies set forth herein has been sought or granted.
(9-20-04, § 1; 12-5-05(1))
The city is authorized by Virginia Code § 15.2-2114 et seq. to establish a utility and to enact a system of service charges to support a local stormwater management program consistent with the Virginia Stormwater Management Act (Virginia Code § 10.1-603.1 et seq.) or any other state or federal regulation governing stormwater management.
(2-19-13, eff. 1-1-14)
The city council finds that an adequate, sustainable source of revenue for stormwater management activities is necessary to protect the general health, safety, and welfare of the residents of the city. Further, the city council finds that property with higher amounts of impervious area contributes greater amounts of stormwater and pollutants to the stormwater management system and waters of the commonwealth and should carry a proportionate burden of the cost. Therefore, the city council determines that it is in the best interest of the public to enact a stormwater utility fee that allocates program costs to all property owners based on impervious area.
(2-19-13, eff. 1-1-14)
The following definitions shall apply to this article unless the context clearly indicates otherwise:
Billing unit means five hundred (500) square feet of impervious area.
Director means the director of public works or the director's authorized representative.
Impervious area means area covered by hard surfaces such as structures, paving, compacted gravel, concrete, or other man-made features that prevent, restrict, or impede the downward passage of stormwater into the underlying soil.
Unimproved parcel means any parcel regardless of zone or land use that has less than three hundred (300) square feet of impervious area.
(2-19-13, eff. 1-1-14)
(a)
A stormwater utility fee is hereby imposed on every parcel of improved real property in the city that appears on the real property assessment rolls as of December 31 of each year. All stormwater utility fees and other income from the fees shall be deposited into the water resources protection fund.
(b)
The rate per billing unit to be used for calculating the stormwater utility fee shall be one dollar twenty cents ($1.20) per month.
(c)
Except as otherwise provided in this article, the impervious area for a property shall be determined by the city using aerial photography, as-built drawings, final approved site plans, field surveys or other appropriate engineering and mapping analysis tools.
(d)
Notwithstanding subsection (a) above, and consistent with Virginia Code § 15.2-2114, the stormwater utility fee shall be waived in its entirety for the following:
(1)
A federal, state, or local government, or public entity, that holds a permit to discharge stormwater from a municipal separate storm sewer system; except that the waiver of charges shall apply only to property covered by any such permit;
(2)
For so long as there exists a revenue sharing agreement between the City and the County of Albemarle, Virginia, the waiver authorized by this section shall also apply to the property of each such locality, and to property of each locality's school board that is accounted for within that locality's municipal storm sewer program plan, regardless of whether such property is located within the territorial jurisdiction of the other locality;
(3)
Public roads and street rights-of-way that are owned and maintained by state or local agencies including property rights-of-way acquired through the acquisitions process; and,
(4)
Unimproved parcels.
(2-19-13, eff. 1-1-14; 9-8-15(1))
(a)
It is the intent of city council to set the stormwater utility fee at an amount that will be sufficient to provide for a balanced operating and capital improvement budget for the stormwater utility. Income derived from the utility charges shall be dedicated special revenue and may not exceed the actual costs incurred to operate and maintain the city's stormwater management system.
(b)
Unless otherwise specified in this article, the monthly stormwater utility fee for all property in the city shall be calculated in the following manner:
(1)
Determine the impervious area of each parcel of real property in square feet;
(2)
Divide the property's impervious area by the billing unit;
(3)
Round the resulting calculation to the next highest whole number to determine the number of billing units and multiply by the rate established in section 10-103(b) to obtain the monthly stormwater utility fee for the property.
(c)
The stormwater utility fee applicable to property held by a common interest community association, as defined in Virginia Code § 55-528, shall be charged directly to the association based on the methodology established in subsection (a) above, except that the director may develop alternative methodologies for billing fees associated with property held by a common interest community association, including but not limited to dividing the fee among the lots other than the common area that constitute the common interest community.
(2-19-13, eff. 1-1-14)
(a)
The city council shall adopt by resolution a system of credits in accordance with Virginia Code § 15.2-2114.D that provide for full or partial waivers of charges to any person who installs, operates, and maintains a stormwater management facility that achieves a permanent reduction in stormwater flow or pollutant loadings. The amount of the waiver shall be based in part on the percentage reduction in stormwater flow or pollutant loadings, or both, from pre-installation to post-installation of the facility. The credit policy may also, in accordance with Virginia Code § 15.2-2114.E, provide for full or partial waivers of charges to public or private entities that implement or participate in strategies, techniques, or programs that reduce stormwater flow or pollutant loadings, or decrease the cost of maintaining or operating the public stormwater management system.
(b)
The department of public works will develop written policies to implement the system of credits. No credit will be authorized until the city council approves written policies to implement the system of credits; a copy of the approved policies shall be on file with the department of public works. Nothing shall prevent the city council from modifying the adopted system of credits, and such modifications may apply to holders of existing credits.
(2-19-13, eff. 1-1-14)
(a)
The water resources protection fund is hereby established as a dedicated enterprise fund. The fund shall consist of revenue generated by the stormwater utility fee as well as any other deposits that may be made from time to time by the city council.
(b)
The water resources protection fund shall be dedicated special revenue used only to pay for or recover costs for the following:
(1)
The acquisition, as permitted in Virginia Code § 15.2-1800, of real and personal property, and interest therein, necessary to construct, operate, and maintain stormwater control facilities;
(2)
The cost of administration of the water resources protection program;
(3)
Planning, design, engineering, construction, and debt retirement for new facilities and enlargement or improvement of existing facilities, whether publicly or privately owned, that serve to control stormwater;
(4)
Facility operation and maintenance;
(5)
Monitoring of stormwater control devices and ambient water quality; and
(6)
Other activities consistent with the state or federal regulations or permits governing stormwater management, including, but not limited to, public education, watershed planning, inspection and enforcement activities, and pollution prevention planning and implementation.
(2-19-13, eff. 1-1-14)
(a)
The stormwater utility fee shall be billed twice annually to the record owner of each parcel subject to the fee. All such bills shall be mailed not later than fourteen (14) days prior to the due dates of June fifth and December fifth, as the case may be, unless a petition for adjustment has been made in accordance with City Code section 10-108 below. Any fee not paid in full by the respective due date shall be considered delinquent. The billing for the stormwater utility fee may be combined with other billings and, when combined, the order in which payments will be applied will be as follows:
(1)
Stormwater utility fee;
(2)
All other taxes and fees.
(b)
A delinquent stormwater utility fee, in accordance with Virginia Code § 15.2-2114.G, shall be subject to the legal rate of interest provided in Virginia Code § 6.2-301(A). Such interest shall be applied to late payments overdue for more than thirty (30) days, and shall be calculated for the period commencing on the first day following the day such fee is first due, until the date the fee is paid in full.
(c)
A delinquent stormwater utility fee, along with cumulative interest, shall constitute a lien on the property ranking on a parity with liens for unpaid taxes and shall be collected in the same manner as provided for the collection of unpaid taxes.
(2-19-13, eff. 1-1-14)
(a)
Any property owner may request an adjustment of the stormwater utility fee by submitting a request in writing to the director within thirty (30) days after the date the bill is mailed or issued to the property owner. Grounds for adjustment of the stormwater utility fee are limited to the following:
(1)
An error was made regarding the square footage of the impervious area of the property;
(2)
The property is exempt under the provisions of section 10-103(d) above;
(3)
There is a mathematical error in calculating the stormwater utility fee;
(4)
The identification of the property owner invoiced is in error; or,
(5)
An approved credit was incorrectly applied.
(b)
The property owner shall complete a stormwater utility fee adjustment application form available on the city's website or supplied by the director.
(c)
If the application alleges an error in the amount of the impervious area, a plan view of the property's impervious area will be provided by the city with labeled dimensions of all impervious areas within the property boundaries, including buildings, patios, driveways, walkways, parking areas, compacted gravel areas, and any other separate impervious structures identified in the city's impervious area database.
(d)
If the applicant is not satisfied with this assessment, the applicant may:
(1)
Request a meeting with the director; and/or,
(2)
Submit an appeal with a revised plan signed and sealed by a professional engineer or professional land surveyor licensed in the Commonwealth of Virginia attesting to the accuracy of the impervious area measurements.
(e)
The requirement for a plan view of the property's impervious area required in subsection (c) above may be waived by the director, if at the sole discretion of the director the error is obvious and is the result of a technical error or oversight by the city. In such case, the city shall be responsible for recalculating the impervious area of the property.
(f)
The director shall make a determination within forty-five (45) days of receipt of a complete submittal for the request for adjustment. In the event that the director finds that the appeal is deficient or incomplete, the director shall offer the owner sixty (60) days to supply the missing information. The forty-five-day time for a decision will begin at such time as the requested information is provided. If the information requested is not provided to the director within sixty (60) days of the original request, the petition will be deemed withdrawn.
(g)
The director's decision on a stormwater utility fee adjustment petition is a final decision from which an aggrieved party may appeal to the Circuit Court for the City of Charlottesville.
(2-19-13, eff. 1-1-14)
The city manager shall keep the council fully advised of the city's financial condition and shall, on or before March fifteenth in each year, prepare and submit to the council a tentative budget for the next fiscal year. Such budget shall be in conformity with the provisions of the Charter and of this Code and the general law, and shall contain estimates of the financial needs and resources of the city for such fiscal year and a program of activities which in the city manager's judgment will best meet the needs of the city and its people, considering resources available.
(Code 1976, § 2-45)
Cross reference— City manager, § 2-146 et seq.
The council shall cause to be prepared by the city manager an annual budget containing all proposed expenditures and estimated revenues and borrowing for the ensuing year, and at least thirty (30) days thereafter shall order a city levy as provided for by state law and sections 14, 19 and 20 of the Charter. The council shall adopt or approve the annual budget and shall make such city levy prior to April fifteenth in each year.
(Code 1976, § 10-1)
State Law reference— Municipal budgets, Code of Virginia, § 15.1-160 et seq.
The clerk of the council shall cause to be published a synopsis of the annual budget and notice of public hearings thereon as provided by section 19 of the Charter.
(Code 1976, § 2-42)
At the time of adoption of the annual budget, the council shall make an annual appropriation covering all fixed expenditures provided for in the approved annual budget. Such appropriation shall become effective on July first following its adoption and no funds provided for in the budget or appropriation shall be expended prior to July first; provided, that upon specific authorization of the council, the city manager may enter into contracts or commit the expenditure of funds after July first based on the approved budget and appropriation. Items not provided for in the annual budget shall require a special appropriation by the council.
(Code 1976, § 10-2)
Charter reference— General authority of council to raise revenue and make appropriations, § 14.
No money shall be expended on any department of the city government beyond the amount estimated in the budget for such department in the general appropriation ordinance for the fiscal year unless such expenditure is authorized by the recorded vote of three-fifths of all the members elected to the council.
(Code 1976, § 10-3)
No ordinance or resolution appropriating money for the purpose of improving streets, airports and bridges located outside of the city shall be passed by the council except by a recorded affirmative vote of four-fifths of all members elected to the council.
(Code 1976, § 10-4)
For the purpose of preserving and investing all surplus funds of the city, other than the retirement fund, the mayor, the chief financial officer, the director of finance, the city manager and the city treasurer shall constitute an investment committee. Upon the request of the city treasurer the investment committee shall provide advice and recommendations regarding the investment of all surplus funds, except the retirement fund, as it deems desirable in any securities which, under the laws of this state, are designated and approved for the investment of fiduciary funds.
(Code 1976, § 10-5; 9-15-14(1))
State Law reference— Securities approved for investment of fiduciary funds, Code of Virginia, § 26-40 et seq.
Any person whose check for payment of any amount due the city is returned by the financial institution on which it was drawn for insufficient funds or because there is no account or the account has been closed shall be subject to a charge of twenty-five dollars ($25.00), which charge shall be added to and become a part of the amount owed by such person.
(Code 1976, §§ 2-63.1, 12-10.2, 29-5.2; 10-2-89; 6-6-05(1))
Cross reference— Bad checks generally, §§ 17-16—17-20; additional deposit for utility service in event of returned checks, §§ 31-64(d), 31-152(d).
State Law reference— Authority for above section, Code of Virginia, § 15.1-29.4.
The commissioner of revenue shall be elected at such time and in such manner as is or may hereafter be fixed by law. Any vacancy arising in such office shall be filled in accordance with the laws of the state.
(Code 1976, § 2-47)
Charter reference— Election of commissioner of revenue, § 5(a).
State Law reference— Election and term of office of commissioner of revenue, Code of Virginia, § 24.1-86.
The commissioner of revenue shall be the assessor of personal property and machinery and tools, the assessor of business, professional and occupational license taxes, the administrator of tax and rental relief programs for the elderly and disabled, and the administrator of taxes on utilities, transient lodgings, restaurant meals and the state income tax for the city. Such duties shall be performed in accordance with the Constitution and laws of the state and this Code and other ordinances, rules and regulations of the council not inconsistent therewith.
(Code 1976, §§ 2-47, 2-49)
Cross reference— License taxes, Ch. 14; taxation of personal property, machinery and tools, § 30-31 et seq.; tax relief for elderly and disabled, § 30-96 et seq.; rental relief for elderly and disabled, § 25-56 et seq.; utility services consumer tax, § 30-221 et seq.; transient occupancy tax, § 30-251 et seq.; meal tax, § 30-281 et seq.
It shall be the duty of the commissioner of revenue, on the first day of January of each year, to begin and proceed without delay to ascertain the value of all personal property, machinery and tools subject to taxation and to otherwise discharge the duties of the office as prescribed by the laws of the state, the Charter, this Code and other ordinances of the city and the rules and regulations of the council.
(Code 1976, § 2-48)
The commissioner of revenue shall keep an office in the city hall and shall prepare and keep therein personal property books, in the form prescribed by state law, which shall be available for public inspection.
(Code 1976, § 2-49)
The city treasurer's election, term and oath shall be as fixed by state law.
(Code 1976, § 2-55)
Charter reference— Election of city treasurer, § 5(a); qualifying for office, § 7.
State Law reference— Election and term of city treasurer, Code of Virginia, § 24.1-86; oath of office, § 49-1.
The city treasurer shall keep his office in such place as is provided by the council.
(Code 1976, § 2-56)
It shall be the duty of the city treasurer to collect all taxes, assessments and penalties, utility charges, user fees, fines, contractual entitlements and other revenues and accounts receivable by or due to the city, except those items of revenue for which this Code or state law specifically impose a collection responsibility on some other official. The city treasurer shall likewise collect such state taxes as may be required by general law.
(Code 1976, § 10-19)
The city treasurer shall be custodian of all city funds. He shall receive all taxes and other revenues and money which it is his duty to collect from persons owing the same to the city. He also shall receive all funds collected by other officers of the city to be paid over to the treasurer.
(Code 1976, § 2-57)
Charter reference— Treasurer to be custodian of city funds, § 23.
The city treasurer shall be the custodian of all bonds, notes, choses in action and other like assets of the city.
(Code 1976, § 2-58)
All sums received by the treasurer for public school purposes shall be credited by the treasurer to the order of the school board of the city and paid out by him on warrants of such board.
(Code 1976, § 2-59)
Cross reference— School board, § 2-341 et seq.
State Law reference— Recording and disbursement of school funds, Code of Virginia, § 22.1-116.
The city treasurer shall keep a record of all receipts and disbursements in such manner as may be prescribed by the council and the director of finance.
(Code 1976, § 2-60)
The city treasurer shall pay no money out of the treasury except on the warrant of the director of finance.
(Code 1976, § 2-61)
Charter reference— Disbursements by treasurer, § 37.
All records, funds and accounts of the city treasurer shall be subject to inspection under the provisions of Code of Virginia, section 58.1-3.
(Code 1976, § 2-62)
The city treasurer shall report to the director of finance daily, on forms prescribed by the director of finance, all collections for the preceding day, showing the source from which such funds are derived, and shall make such other reports as are or may be required of the treasurer by law or by the council.
(Code 1976, § 2-63)
The council shall appoint a director of finance, who shall hold office at the pleasure of the council and be removable at the will of the council.
(Code 1976, § 2-64)
(a)
The director of finance shall supervise the fiscal affairs of the city and shall manage the same in the manner required by the council.
(b)
The director of finance shall supervise the fiscal affairs of all departments and officers of the city who collect, receive or disburse the public moneys, or who are charged with the custody or management thereof, and may, at any time, require from any of them an account in writing of any or all moneys or property of the city intrusted to them or under their control. The director shall, immediately upon the discovery of any default, irregularity or delinquency, report the same to the council. The director shall have power to prescribe the form and manner of keeping all such accounts unless otherwise provided by state law.
(c)
The director of finance shall also supervise the city assessor and provide general oversight over the office of the assessor of real estate, and perform such other duties as are required of him by the council.
(Code 1976, § 2-65; 8-4-03)
The director of finance shall maintain such records so as to accurately account for all real and personal property of the city, trusts in the care of the city, all funds due and owed by the city, all receipts and expenditures of the city, and all appropriations made by the council and the funds expended under such appropriations.
(Code 1976, § 2-66)
The director of finance shall keep all city buildings insured for amounts not less than the currently appraised value thereof.
(Code 1976, § 2-68)
The director of finance shall cause all gas and water meters to be read, shall notify each customer of the amount of water and gas bills due by such customer to the city and that the amount is due and payable upon presentation and shall be considered to be in arrears if not paid by the next billing date. The director shall be responsible for the collection of all delinquent bills. The director may, upon request by an applicant or customer of gas or water service, waive in whole or in part any deposit or reconnection charge based on the applicant's or customer's past payment history or anticipated usage of the utility service.
(Code 1976, § 2-69; 6-17-91, § 1)
Cross reference— Gas service charges, § 31-56 et seq.; water and sewer service charges, § 31-151 et seq.
The director of finance shall make out and deliver to the council at the close of each fiscal year, a full and detailed statement of all receipts and expenditures during such year. Such report shall be accompanied by a statement showing under disbursements the amount estimated in the budget, the amount of appropriations, the amount expended, and the balance or deficit in the account as compared with the budget estimate for each department of the city. Under receipts shall be shown the amount estimated in the budget, the amount received during the fiscal year, the balance anticipated and such information as the council may direct. Upon acceptance by the council, the report shall be filed with the minutes of the council.
(Code 1976, § 2-70)
Charter reference— Reports of director of finance, § 24.
The director of finance shall examine all claims and demands for or against the city. No money shall be drawn from the treasury or paid to any person, unless the balance so due or payable is first audited, adjusted or determined by the director of finance. All accounts so audited and approved by the director of finance shall be paid by drawing his warrant on the treasurer, stating to whom payable, on what account and the particular appropriation from which the same is payable, and no money shall be drawn from the treasury except upon the warrant of the director of finance as aforesaid. In no other case shall any warrant be drawn by the director of finance for the payment of money, unless the same is authorized by some ordinance or resolution of the council, making a special appropriation to the person or department in whose behalf the same is drawn.
(Code 1976, § 2-71)
The director of finance, in a timely manner and in accordance with pay periods established by the city manager pursuant to section 2-153 of this Code, shall issue warrants for payrolls for all employees and officers receiving salaries and wages. Paychecks, less any deductions authorized by the employee with the consent of the director of finance and any deductions required to be made by the city, shall be drawn and signed by the director of finance and the treasurer.
(Code 1976, § 2-72; 6-21-99)
The city treasurer and director of finance are hereby authorized and directed to create and maintain a separate and distinct fund to be designated as the risk management fund, which shall serve as a fund for the payment of uninsured liability or casualty losses, self insured retentions or deductibles and other unfunded claims, a reserve for the future payment of accrued workers' compensation claims, and a source for the payment of premiums on policies insuring the city, its officers and employees against such losses.
(Code 1976, § 2-119)
The city council shall budget annually for and appropriate from the general fund, utility funds and other operating funds of the city payments sufficient to provide their respective shares for the payment of annual premiums on all city fidelity, casualty and liability insurance coverages and workers' compensation costs and to restore the balance of such fund including amounts reserved for the future payment of accrued workers' compensation claims, to a minimum of two hundred fifty thousand dollars ($250,000.00).
(Code 1976, § 2-120)
The city treasurer is authorized and directed to invest the balance of the risk management fund in securities or other investments approved by state law for the investment of public funds which he deems sufficiently liquid to permit the ready use of such fund for the payment of losses. The proceeds of such investments shall be reinvested in such fund.
(Code 1976, § 2-121)
The city manager and the director of finance are authorized jointly to approve the transfer of sums from the risk management fund to the account of any city department or agency which has suffered property damage or other casualty losses or expenses which are not covered by insurance or which fall within the deductible limits of the applicable insurance coverages.
(Code 1976, § 2-122)
The city manager and the director of finance are authorized jointly to approve the expenditure of funds as necessary from the risk management fund to pay the premiums on the city's various liability, fidelity and casualty insurance policies, provided that no new type of coverage shall be instituted, nor shall any existing coverage be increased by more than ten (10) percent in any year without the approval of council.
(Code 1976, § 2-123)
Claims for damages made against the city not covered by insurance or falling within the deductible limits of any coverage may be paid from the risk management fund with the following limits:
(1)
Claims of five thousand dollars ($5,000.00) or less shall be paid by the director of finance from the risk management fund upon certification by the city attorney and the director of finance that the city is liable for payment or that the amount to be paid is recommended as a compromise of a claim involving disputed liability.
(2)
Claims of more than five thousand dollars ($5,000.00) but not more than fifteen thousand dollars ($15,000.00) shall be paid by the director of finance from the risk management fund upon certification by both the city attorney and the city manager that the city is liable for payment or that the amount to be paid is recommended as a compromise of a claim involving disputed liability.
(3)
Claims in excess of fifteen thousand dollars ($15,000.00) shall be paid from the risk management fund only after authorization from city council.
(Code 1976, § 2-124; 10-21-97)
Whenever any sum of money due the city or any account shall be the subject of dispute, the same may be compromised according to the following authorization:
(1)
The director of finance may make written authorization for a reduction of not more than one thousand dollars ($1,000.00) in any utility account.
(2)
Either the city manager, the director of finance or the city attorney may make written authorization of a compromise of any other type of account or claim by a reduction of not more than one thousand dollars ($1,000.00).
(3)
The city manager, the director of finance and the city attorney acting together may make written authorization of any such compromise which reduces the city's claim by more than one thousand dollars ($1,000.00) but less than ten thousand dollars ($10,000.00).
(4)
The city council may authorize a reduction in the amount of any such claim in excess of ten thousand dollars ($10,000.00).
(5)
The foregoing authorizations to the contrary notwithstanding, no claim for taxes shall be reduced, compromised, forgiven or abated except in accordance with general law.
(Code 1976, § 2-125; 10-21-97)
The city manager shall keep the council fully advised of the city's financial condition and shall, on or before March fifteenth in each year, prepare and submit to the council a tentative budget for the next fiscal year. Such budget shall be in conformity with the provisions of the Charter and of this Code and the general law, and shall contain estimates of the financial needs and resources of the city for such fiscal year and a program of activities which in the city manager's judgment will best meet the needs of the city and its people, considering resources available.
(Code 1976, § 2-45)
Cross reference— City manager, § 2-146 et seq.
The council shall cause to be prepared by the city manager an annual budget containing all proposed expenditures and estimated revenues and borrowing for the ensuing year, and at least thirty (30) days thereafter shall order a city levy as provided for by state law and sections 14, 19 and 20 of the Charter. The council shall adopt or approve the annual budget and shall make such city levy prior to April fifteenth in each year.
(Code 1976, § 10-1)
State Law reference— Municipal budgets, Code of Virginia, § 15.1-160 et seq.
The clerk of the council shall cause to be published a synopsis of the annual budget and notice of public hearings thereon as provided by section 19 of the Charter.
(Code 1976, § 2-42)
At the time of adoption of the annual budget, the council shall make an annual appropriation covering all fixed expenditures provided for in the approved annual budget. Such appropriation shall become effective on July first following its adoption and no funds provided for in the budget or appropriation shall be expended prior to July first; provided, that upon specific authorization of the council, the city manager may enter into contracts or commit the expenditure of funds after July first based on the approved budget and appropriation. Items not provided for in the annual budget shall require a special appropriation by the council.
(Code 1976, § 10-2)
Charter reference— General authority of council to raise revenue and make appropriations, § 14.
No money shall be expended on any department of the city government beyond the amount estimated in the budget for such department in the general appropriation ordinance for the fiscal year unless such expenditure is authorized by the recorded vote of three-fifths of all the members elected to the council.
(Code 1976, § 10-3)
No ordinance or resolution appropriating money for the purpose of improving streets, airports and bridges located outside of the city shall be passed by the council except by a recorded affirmative vote of four-fifths of all members elected to the council.
(Code 1976, § 10-4)
For the purpose of preserving and investing all surplus funds of the city, other than the retirement fund, the mayor, the chief financial officer, the director of finance, the city manager and the city treasurer shall constitute an investment committee. Upon the request of the city treasurer the investment committee shall provide advice and recommendations regarding the investment of all surplus funds, except the retirement fund, as it deems desirable in any securities which, under the laws of this state, are designated and approved for the investment of fiduciary funds.
(Code 1976, § 10-5; 9-15-14(1))
State Law reference— Securities approved for investment of fiduciary funds, Code of Virginia, § 26-40 et seq.
Any person whose check for payment of any amount due the city is returned by the financial institution on which it was drawn for insufficient funds or because there is no account or the account has been closed shall be subject to a charge of twenty-five dollars ($25.00), which charge shall be added to and become a part of the amount owed by such person.
(Code 1976, §§ 2-63.1, 12-10.2, 29-5.2; 10-2-89; 6-6-05(1))
Cross reference— Bad checks generally, §§ 17-16—17-20; additional deposit for utility service in event of returned checks, §§ 31-64(d), 31-152(d).
State Law reference— Authority for above section, Code of Virginia, § 15.1-29.4.
The commissioner of revenue shall be elected at such time and in such manner as is or may hereafter be fixed by law. Any vacancy arising in such office shall be filled in accordance with the laws of the state.
(Code 1976, § 2-47)
Charter reference— Election of commissioner of revenue, § 5(a).
State Law reference— Election and term of office of commissioner of revenue, Code of Virginia, § 24.1-86.
The commissioner of revenue shall be the assessor of personal property and machinery and tools, the assessor of business, professional and occupational license taxes, the administrator of tax and rental relief programs for the elderly and disabled, and the administrator of taxes on utilities, transient lodgings, restaurant meals and the state income tax for the city. Such duties shall be performed in accordance with the Constitution and laws of the state and this Code and other ordinances, rules and regulations of the council not inconsistent therewith.
(Code 1976, §§ 2-47, 2-49)
Cross reference— License taxes, Ch. 14; taxation of personal property, machinery and tools, § 30-31 et seq.; tax relief for elderly and disabled, § 30-96 et seq.; rental relief for elderly and disabled, § 25-56 et seq.; utility services consumer tax, § 30-221 et seq.; transient occupancy tax, § 30-251 et seq.; meal tax, § 30-281 et seq.
It shall be the duty of the commissioner of revenue, on the first day of January of each year, to begin and proceed without delay to ascertain the value of all personal property, machinery and tools subject to taxation and to otherwise discharge the duties of the office as prescribed by the laws of the state, the Charter, this Code and other ordinances of the city and the rules and regulations of the council.
(Code 1976, § 2-48)
The commissioner of revenue shall keep an office in the city hall and shall prepare and keep therein personal property books, in the form prescribed by state law, which shall be available for public inspection.
(Code 1976, § 2-49)
The city treasurer's election, term and oath shall be as fixed by state law.
(Code 1976, § 2-55)
Charter reference— Election of city treasurer, § 5(a); qualifying for office, § 7.
State Law reference— Election and term of city treasurer, Code of Virginia, § 24.1-86; oath of office, § 49-1.
The city treasurer shall keep his office in such place as is provided by the council.
(Code 1976, § 2-56)
It shall be the duty of the city treasurer to collect all taxes, assessments and penalties, utility charges, user fees, fines, contractual entitlements and other revenues and accounts receivable by or due to the city, except those items of revenue for which this Code or state law specifically impose a collection responsibility on some other official. The city treasurer shall likewise collect such state taxes as may be required by general law.
(Code 1976, § 10-19)
The city treasurer shall be custodian of all city funds. He shall receive all taxes and other revenues and money which it is his duty to collect from persons owing the same to the city. He also shall receive all funds collected by other officers of the city to be paid over to the treasurer.
(Code 1976, § 2-57)
Charter reference— Treasurer to be custodian of city funds, § 23.
The city treasurer shall be the custodian of all bonds, notes, choses in action and other like assets of the city.
(Code 1976, § 2-58)
All sums received by the treasurer for public school purposes shall be credited by the treasurer to the order of the school board of the city and paid out by him on warrants of such board.
(Code 1976, § 2-59)
Cross reference— School board, § 2-341 et seq.
State Law reference— Recording and disbursement of school funds, Code of Virginia, § 22.1-116.
The city treasurer shall keep a record of all receipts and disbursements in such manner as may be prescribed by the council and the director of finance.
(Code 1976, § 2-60)
The city treasurer shall pay no money out of the treasury except on the warrant of the director of finance.
(Code 1976, § 2-61)
Charter reference— Disbursements by treasurer, § 37.
All records, funds and accounts of the city treasurer shall be subject to inspection under the provisions of Code of Virginia, section 58.1-3.
(Code 1976, § 2-62)
The city treasurer shall report to the director of finance daily, on forms prescribed by the director of finance, all collections for the preceding day, showing the source from which such funds are derived, and shall make such other reports as are or may be required of the treasurer by law or by the council.
(Code 1976, § 2-63)
The council shall appoint a director of finance, who shall hold office at the pleasure of the council and be removable at the will of the council.
(Code 1976, § 2-64)
(a)
The director of finance shall supervise the fiscal affairs of the city and shall manage the same in the manner required by the council.
(b)
The director of finance shall supervise the fiscal affairs of all departments and officers of the city who collect, receive or disburse the public moneys, or who are charged with the custody or management thereof, and may, at any time, require from any of them an account in writing of any or all moneys or property of the city intrusted to them or under their control. The director shall, immediately upon the discovery of any default, irregularity or delinquency, report the same to the council. The director shall have power to prescribe the form and manner of keeping all such accounts unless otherwise provided by state law.
(c)
The director of finance shall also supervise the city assessor and provide general oversight over the office of the assessor of real estate, and perform such other duties as are required of him by the council.
(Code 1976, § 2-65; 8-4-03)
The director of finance shall maintain such records so as to accurately account for all real and personal property of the city, trusts in the care of the city, all funds due and owed by the city, all receipts and expenditures of the city, and all appropriations made by the council and the funds expended under such appropriations.
(Code 1976, § 2-66)
The director of finance shall keep all city buildings insured for amounts not less than the currently appraised value thereof.
(Code 1976, § 2-68)
The director of finance shall cause all gas and water meters to be read, shall notify each customer of the amount of water and gas bills due by such customer to the city and that the amount is due and payable upon presentation and shall be considered to be in arrears if not paid by the next billing date. The director shall be responsible for the collection of all delinquent bills. The director may, upon request by an applicant or customer of gas or water service, waive in whole or in part any deposit or reconnection charge based on the applicant's or customer's past payment history or anticipated usage of the utility service.
(Code 1976, § 2-69; 6-17-91, § 1)
Cross reference— Gas service charges, § 31-56 et seq.; water and sewer service charges, § 31-151 et seq.
The director of finance shall make out and deliver to the council at the close of each fiscal year, a full and detailed statement of all receipts and expenditures during such year. Such report shall be accompanied by a statement showing under disbursements the amount estimated in the budget, the amount of appropriations, the amount expended, and the balance or deficit in the account as compared with the budget estimate for each department of the city. Under receipts shall be shown the amount estimated in the budget, the amount received during the fiscal year, the balance anticipated and such information as the council may direct. Upon acceptance by the council, the report shall be filed with the minutes of the council.
(Code 1976, § 2-70)
Charter reference— Reports of director of finance, § 24.
The director of finance shall examine all claims and demands for or against the city. No money shall be drawn from the treasury or paid to any person, unless the balance so due or payable is first audited, adjusted or determined by the director of finance. All accounts so audited and approved by the director of finance shall be paid by drawing his warrant on the treasurer, stating to whom payable, on what account and the particular appropriation from which the same is payable, and no money shall be drawn from the treasury except upon the warrant of the director of finance as aforesaid. In no other case shall any warrant be drawn by the director of finance for the payment of money, unless the same is authorized by some ordinance or resolution of the council, making a special appropriation to the person or department in whose behalf the same is drawn.
(Code 1976, § 2-71)
The director of finance, in a timely manner and in accordance with pay periods established by the city manager pursuant to section 2-153 of this Code, shall issue warrants for payrolls for all employees and officers receiving salaries and wages. Paychecks, less any deductions authorized by the employee with the consent of the director of finance and any deductions required to be made by the city, shall be drawn and signed by the director of finance and the treasurer.
(Code 1976, § 2-72; 6-21-99)
The city treasurer and director of finance are hereby authorized and directed to create and maintain a separate and distinct fund to be designated as the risk management fund, which shall serve as a fund for the payment of uninsured liability or casualty losses, self insured retentions or deductibles and other unfunded claims, a reserve for the future payment of accrued workers' compensation claims, and a source for the payment of premiums on policies insuring the city, its officers and employees against such losses.
(Code 1976, § 2-119)
The city council shall budget annually for and appropriate from the general fund, utility funds and other operating funds of the city payments sufficient to provide their respective shares for the payment of annual premiums on all city fidelity, casualty and liability insurance coverages and workers' compensation costs and to restore the balance of such fund including amounts reserved for the future payment of accrued workers' compensation claims, to a minimum of two hundred fifty thousand dollars ($250,000.00).
(Code 1976, § 2-120)
The city treasurer is authorized and directed to invest the balance of the risk management fund in securities or other investments approved by state law for the investment of public funds which he deems sufficiently liquid to permit the ready use of such fund for the payment of losses. The proceeds of such investments shall be reinvested in such fund.
(Code 1976, § 2-121)
The city manager and the director of finance are authorized jointly to approve the transfer of sums from the risk management fund to the account of any city department or agency which has suffered property damage or other casualty losses or expenses which are not covered by insurance or which fall within the deductible limits of the applicable insurance coverages.
(Code 1976, § 2-122)
The city manager and the director of finance are authorized jointly to approve the expenditure of funds as necessary from the risk management fund to pay the premiums on the city's various liability, fidelity and casualty insurance policies, provided that no new type of coverage shall be instituted, nor shall any existing coverage be increased by more than ten (10) percent in any year without the approval of council.
(Code 1976, § 2-123)
Claims for damages made against the city not covered by insurance or falling within the deductible limits of any coverage may be paid from the risk management fund with the following limits:
(1)
Claims of five thousand dollars ($5,000.00) or less shall be paid by the director of finance from the risk management fund upon certification by the city attorney and the director of finance that the city is liable for payment or that the amount to be paid is recommended as a compromise of a claim involving disputed liability.
(2)
Claims of more than five thousand dollars ($5,000.00) but not more than fifteen thousand dollars ($15,000.00) shall be paid by the director of finance from the risk management fund upon certification by both the city attorney and the city manager that the city is liable for payment or that the amount to be paid is recommended as a compromise of a claim involving disputed liability.
(3)
Claims in excess of fifteen thousand dollars ($15,000.00) shall be paid from the risk management fund only after authorization from city council.
(Code 1976, § 2-124; 10-21-97)
Whenever any sum of money due the city or any account shall be the subject of dispute, the same may be compromised according to the following authorization:
(1)
The director of finance may make written authorization for a reduction of not more than one thousand dollars ($1,000.00) in any utility account.
(2)
Either the city manager, the director of finance or the city attorney may make written authorization of a compromise of any other type of account or claim by a reduction of not more than one thousand dollars ($1,000.00).
(3)
The city manager, the director of finance and the city attorney acting together may make written authorization of any such compromise which reduces the city's claim by more than one thousand dollars ($1,000.00) but less than ten thousand dollars ($10,000.00).
(4)
The city council may authorize a reduction in the amount of any such claim in excess of ten thousand dollars ($10,000.00).
(5)
The foregoing authorizations to the contrary notwithstanding, no claim for taxes shall be reduced, compromised, forgiven or abated except in accordance with general law.
(Code 1976, § 2-125; 10-21-97)
Except as otherwise specified, any person who violates the provisions of this article shall be guilty of a Class 1 misdemeanor.
(3-1-04(2))
For purposes of this chapter the following definitions shall apply:
Emergency incident means any incident to which members of the city's fire department are called to respond, where there is imminent danger or the actual occurrence of fire or explosion or of the uncontrolled release of hazardous materials which threaten life or property.
Emergency services personnel means persons responsible for the direct provision of emergency medical or rescue services in a given medical emergency or emergency rescue including all persons who could be described as attendants, attendants-in-charge, or operators.
Garbage means putrescible animal and vegetable matter accumulated by a household in the course of ordinary day-to-day living.
Household refuse means waste material and trash normally accumulated by a household in the course of ordinary day-to-day living.
Open burning and open fire refer to the burning of any matter or substance in a manner that the resulting products of combustion are emitted directly into the atmosphere without passing through a stack, duct or chimney.
Refuse means trash, rubbish, garbage and other forms of solid or liquid waste, including, without limitation, wastes resulting from residential, agricultural, commercial, industrial, institutional, trade, construction, land cleaning, forest management and emergency operations.
(3-1-04(2))
All references within this ordinance to specific titles, chapters, articles and sections of the Virginia Code shall refer to those provisions of the Code of Virginia (1950), as amended, in effect on the date of adoption of this ordinance, and shall also be construed as references to successor titles, chapters, articles and sections, mutatis mutandis.
(3-1-04(2))
There is hereby established as a department of the city government a fire and emergency medical services (EMS) department, to be known and designated as the Fire Department of the City of Charlottesville. The fire department shall be composed of a corps of paid full-time employees of the City of Charlottesville, as well as a group of volunteers who are members of an organization known and designated as the Charlottesville Fire Company. The fire department shall be subject generally to the direction and control of a full-time paid officer, appointed by the city manager, to be known as the "chief" of the fire department; provided, however, that the fire chief shall exercise control over the Charlottesville Fire Company and its members only at the scene of an emergency incident.
(3-1-04(2))
(a)
The city's fire chief shall have full authority and complete supervisory control of all equipment and personnel in attendance at an emergency incident, including, without limitation, officers and other members of the Charlottesville Fire Company. In the absence of the fire chief, all such authority and control shall be vested with the next-in-rank officer employed full-time within the city's fire department and holding the rank of captain or above.
(b)
The fire chief is empowered to designate such subordinate officers and officials among the paid employees of the fire department as he may deem appropriate, including without limitation: designation of a local fire marshal and one (1) or more assistants, as deemed necessary by the fire chief, which assistants shall, in the absence of the fire marshal, shall have the powers and perform the duties of the fire marshal.
(c)
The fire chief shall have charge of the city's firehouses, and shall keep such property in good condition.
(d)
The fire chief shall have authority to purchase (subject to applicable procurement laws and regulations) operate, man and maintain equipment for fighting fires, performing emergency medical services, and for otherwise responding to emergency incidents, and to prescribe the terms and conditions upon which such equipment will be utilized. The fire chief shall perform all actions and shall have all duties as may be necessary to properly care for and to keep such property and equipment in good condition and working order.
(e)
The fire chief shall keep and maintain records of all emergency incidents, their place and time of occurrence, and such other information as the fire chief shall deem necessary or proper or the city manager may require. The fire chief shall deliver to his successor in office all such records, and all other records pertaining to the operation and management of the city fire department that may be in his possession or control.
(f)
The fire chief shall have general supervision of all fire hydrants in the city, and he shall report in writing to the director of public works whenever he deems it necessary or expedient that any fire hydrants should be erected, repaired or removed.
(3-1-04(2))
(a)
As set forth within section 12-16(a), above, the fire chief, or in his absence another authorized member of the fire department, shall have control of the scene of an emergency incident. While the city's fire department is in the process of answering an alarm or operating at an emergency incident and returning to the station, the fire chief or other officer in charge of such operations at that time shall have the authority to:
(1)
Maintain order at the emergency incident or its vicinity;
(2)
Direct the actions of the firefighters and emergency services personnel at the emergency incident or its vicinity;
(3)
Keep bystanders or other persons at a safe distance from the emergency incident and emergency equipment;
(4)
Facilitate the speedy movement and operation of emergency equipment, firefighters and emergency medical services personnel;
(5)
Cause an investigation to be made into the origin and cause of the emergency incident;
(6)
Until the arrival of a police officer, direct and control traffic in person or by deputy and facilitate the movement of traffic; and
(7)
Restrict the entry of personnel from the news media into the area of an emergency incident, as follows: personnel from the news media, when gathering the news, may enter at their own risk into the area of an emergency incident only when the fire chief or other officer in charge has deemed the area safe, and only into those areas of the emergency incident that do not, in the opinion of the fire chief or other officer in charge, interfere with firefighters or emergency medical services personnel dealing with such emergencies, in which case the fire chief or other officer in charge may order such person to leave the scene of the emergency incident.
(b)
The fire chief or other officer in charge of the area of an emergency incident shall display his firefighter's or emergency medical services personnel badge, or other proper means of identification. Any person refusing to obey the order(s) of the fire chief or other officer in charge, or his deputies, shall be guilty of a Class 4 misdemeanor. The fire chief or other officer in charge shall have the power to make arrests for violation of the provisions of this section. The authority described within this section may not be exercised to inhibit or obstruct members of law-enforcement agencies or rescue squads from performing their normal duties when operating at an emergency incident.
(c)
The fire chief shall have the authority to equip fire department vehicles and personnel with devices for activation of traffic control signals, in order to facilitate the safe ingress and egress of emergency equipment at a fire/EMS station and to facilitate the safe travel of equipment and vehicles to the scene of an emergency incident.
(3-1-04(2))
(a)
At its regular meeting in August of each year, or as soon thereafter as practicable, the Charlottesville Fire Company shall elect from among its members a chief and such other officers as it may deem appropriate, and shall communicate the names of the elected officers to the city's fire chief. The terms of office shall commence upon appointment and shall expire on August 31 of the year following the year in which such officers were elected. Officers so elected shall have full direction and control over the members of the Charlottesville Fire Company at all times, except as otherwise provided within this chapter with respect to activities at the scene of a fire.
(b)
At the scene of a fire the chief and other officers of the fire company shall exercise supervision and control over fire company personnel; however, the chief and other officers of the fire company shall receive direction and instructions from the city's fire chief or next-ranking officer in charge. In the event neither the city's fire chief nor another full-time employee of the city fire department holding the rank of captain or above is present at the scene of a fire, then the chief of the fire company, or another fire company officer holding the rank of captain or above, will be in charge until relieved by an authorized officer of the city's fire department.
(3-1-04(2))
(a)
The fire chief shall appoint an employee of the fire department to serve as the city's fire marshal, and one (1) or more assistants. The fire marshal shall have the powers, functions and responsibilities described within Title 27, Chapter 3 (Local Fire Marshals) of the Virginia Code.
(1)
In addition to any other duties prescribed by law, the fire marshal and his assistants shall have the authority to arrest, to procure and serve warrants of arrest, and to issue summons in the manner authorized by general law for violation of fire prevention and fire safety laws and related ordinances. The authority granted in this section shall not be exercised by the fire marshal or any assistant until such person has satisfactorily completed a training course designed specifically for local fire marshals and their assistants and approved by the Virginia Fire Services Board.
(2)
The city's fire marshal and his assistants shall have the same police powers as a police officer or law enforcement officer, and these officers shall have responsibility for the investigation and prosecution of offenses involving hazardous materials, fires, fire bombings, bombings, attempts or threats to commit such offenses, false alarms relating to such offenses, and possession and manufacture of explosive devices, substances and fire bombs. However, the police powers granted in this section shall not be exercised by any local fire marshal or assistant until such person has satisfactorily completed a course for fire marshals with police powers, designated by the department of fire programs in cooperation with the department of criminal justice services, which course shall be approved by the Virginia Fire Services Board. In addition, fire marshals and their assistants with police powers shall continue to have and exercise those police powers only upon satisfactory participation in in-service and advanced courses and programs designated by the department of fire programs in cooperation with the department of criminal justice services, which courses shall be approved by the Virginia Fire Services Board.
(3)
Where a city fire marshal or any assistant(s) have been designated by the city's fire chief they shall, before entering upon their duties, take oath before an officer authorized to administer oaths, faithfully to discharge the duties of such office(s). The certificate of the oath shall be returned to and preserved by the clerk of the city council.
(b)
The fire marshal shall have the right to enter upon any property from which a release of any hazardous material, hazardous waste or regulated substance, as defined in § 10.1-1400 or § 62.1-44.34:8 of the Virginia Code, has occurred or is reasonably suspected to have occurred, and which has entered into the ground water, surface water or soils of the city. The right of entry authorized by this provision is to allow the fire marshal to investigate the extent and cause of any such release and shall be exercised in accordance with the provisions of § 27-37.1 of the Virginia Code.
(3-1-04(2))
There is hereby established a fire prevention code for the City of Charlottesville, consisting of the Virginia Statewide Fire Prevention Code adopted pursuant to section 12-31, as well as the regulations set forth within section 12-32, following below.
(3-1-04(2))
(a)
It shall be the policy and practice of the city to enforce, in its entirety, the Virginia Statewide Fire Prevention Code ("SFPC") adopted by the Virginia Board of Housing pursuant to § 27-97 of the Virginia Code, as amended from time to time. Accordingly, the SFPC is hereby adopted as part of the fire prevention code of the city. At least one (1) copy of the SFPC shall be maintained in the office of the city's fire chief and such copy shall be made available for inspection during regular office hours.
(b)
Appeals concerning the application of the SFPC shall first lie to the city's board of building code appeals, which board is hereby designated as the local board of appeals for the SFPC. This board shall have jurisdiction over all appeals initiated by persons aggrieved by a decision of the fire official implementing or interpreting any provision of the SFPC.
(c)
From time to time city council may approve a schedule of permits and of fees applicable to inspections, approvals and appeals conducted for purposes of enforcement of the SFPC. Once a schedule of permits and/or fees is approved it shall be maintained in the office of the city fire chief.
(d)
The city's fire department shall have responsibility to serve as the local enforcing agency for the SFPC. In carrying out such responsibility the fire department shall act by and through an executive official ("fire official") designated by the city's fire chief. Unless otherwise specified by the city's fire chief, the city's fire marshal shall serve as the city's fire official. The fire official and any fire department employees appointed by the fire chief to assist him, shall have authority to exercise the powers authorized within the SFPC and relevant provisions of the Statewide Fire Prevention Code Act, §§ 27-94 et seq. of the Virginia Code, as amended. The fire official may delegate duties and powers to his assistants appointed by the fire chief, but the fire official shall remain responsible for ensuring that any such delegated duties and powers are carried out in accordance with applicable provisions of law.
(e)
The fire official and his assistants shall have or obtain the qualifications and certifications specified within the SFPC.
(f)
The fire official shall keep and maintain official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. The fire official shall deliver to his successor in office all such records that may be in his possession or control.
(3-1-04(2))
(a)
The SFPC, as adopted pursuant to section 12-31, above, is hereby amended, supplemented, amplified and modified by the following provisions, which are intended to be more restrictive or more extensive in scope than the regulations set forth within the SFPC:
(1)
Certain fire suppression systems required —Notwithstanding any contrary provision of law, general or special, fire suppression systems must be installed and maintained in full operating condition in buildings fifty (50) feet or more in height for which building permits have been issued after October 20, 1986. The technical requirements for the installation, repair, operation and maintenance of such systems shall be those found in the SFPC. A violation of this section shall constitute a Class 2 misdemeanor.
(2)
Certain smoke detectors required —Notwithstanding any contrary provision of law, general or special, smoke detectors shall be installed in the following structures or buildings: (i) any building containing one (1) or more dwelling units, (ii) any hotel or motel regularly used or offered for, or intended to be used to provide overnight sleeping accommodations for one (1) or more persons, and (iii) rooming houses regularly used, offered for, or intended to be used to provide overnight sleeping accommodations. Smoke detectors installed pursuant to this section shall be installed in conformance with the provisions of the Uniform Statewide Building Code. Any required smoke detector may be either battery-operated or an AC-powered unit. The owner of any dwelling unit which is rented or leased, at the beginning of each tenancy and at least annually thereafter, shall furnish the tenant of that unit with a certificate that all required smoke detectors are present, have been inspected, and are in good working order. Except for smoke detectors located in hallways, stairwells, and other public or common areas of multifamily buildings, interim testing, repair, and maintenance of smoke detectors in rented or leased units shall be the responsibility of the tenant; however, the owner shall be obligated to service, repair, or replace any malfunctioning smoke detector(s) within five (5) days of receipt of written notice from the tenant that such smoke detector is in need of service, repair, or replacement. A violation of any provision of this section shall constitute a Class 2 misdemeanor.
Any building containing fewer than four (4) dwelling units which was not in compliance with this section on July 1, 1984, shall be exempted from the requirements of this section until such time as that building or any dwelling unit therein is sold or rented to another person. The city's fire department may delegate responsibility for enforcement of this section, as may be appropriate, to the housing inspections division of the department of neighborhood development services, which is hereby authorized to enforce this section at the request of the fire department.
(3)
Exits from public assembly halls —The owners or lessees of any public hall or theater shall provide suitable and sufficient exits from such buildings. The doors to the exits shall remain unlocked during all performances or public gatherings in the buildings and shall, in all cases, open outwardly, and not inwardly. Any owner or lessee of any such building who shall violate this requirement shall be subject to the penalties set forth within § 27-53 of the Virginia Code. The continuation of any failure to comply with this requirement for each week after notice has been given to the owner or lessee of a building that the exits are unsafe or insufficient shall be deemed a separate offense.
(4)
Summoning firefighting apparatus without cause —No person shall, without just cause, call or summon, by telephone or otherwise, any firefighting apparatus. No person shall maliciously activate a manual or automatic fire alarm in any building used for public assembly or for other public use, including, but not limited to, schools, theaters, stores, office buildings, shopping centers and malls, coliseums and arenas.
(5)
Fireworks —No person shall have, keep, store, use, discharge, manufacture, sell, handle or transport any fireworks in the city, except as provided within this section. Nothing in this section shall apply to:
a.
Any materials or equipment that is used or to be used by any person for signaling or other emergency use in the operation of any railroad train or other vehicle for the transportation of persons or property.
b.
Any officer or member of the armed forces, while acting within the scope of his authority and duties as such, nor to any offer of sale or sale of fireworks to any authorized agent of such armed forces.
The fire chief may, upon due application, issue a permit to a properly qualified person for giving a pyrotechnic display of fireworks in the public parks or other open places. Such permits shall impose such restrictions as, in the opinion of the fire chief, may be necessary to properly safeguard life and property in each case. The term "fireworks," as used in this section, shall mean and refer to any firecracker, sparkler, roman candle, fire balloon, signal light, squib, rocket, railroad track or other torpedo, skyrocket, flashlight composition, or other substance or object, of whatever form or construction, that contains any explosive or inflammable compound or substance, and which explodes, rises into the air, travels laterally, or fires projectiles into the air to obtain visible or audible pyrotechnic effects.
(6)
High explosives —No person shall sell within the city any dynamite, blasting powder or other high explosive except upon a written permit from the chief of police, which permit shall be issued upon application by the purchaser showing that such explosives are to be used for legitimate purposes within a reasonable time after their purchase and the provisions of the fire prevention code with respect to the keeping of all such explosives shall in all respects apply to such purchaser. This section shall not be construed to apply to the purchase of shotgun, rifle or pistol ammunition at retail.
(7)
Storage of explosive liquids —It shall be unlawful for any person to store, keep or handle any gasoline or other highly explosive liquids in bulk within the city ("bulk storage") except: (i) in the city's manufacturing/industrial zoning districts as part of, or in connection with, a use authorized by the city's zoning ordinance, or (ii) in existing bulk storage sites that were lawful as of March 1, 2004. For the purposes of this section, the term "bulk storage" shall mean and refer to the storage and keeping as well as the parking, loading or unloading of gasoline or any other highly explosive liquid in quantities of more than ten thousand (10,000) gallons, into, to or from any single container, including, without limitation, tank cars or truck transports. Where permitted, such bulk storage shall be conducted in accordance with applicable provisions of the SFPC.
It shall be unlawful for any person to store, keep or handle any gasoline or other highly explosive liquids in any underground container of ten thousand (10,000) gallons or less, in any residential zoning or B-1 zoning district; provided, however, that: (i) in an R-3 or B-1 zoning district, a single underground tank may be installed to contain not in excess of five hundred fifty (550) gallons, provided that such tank is not located within one hundred (100) feet of any residential dwelling unit, is to serve a non-conforming business use, and shall not be resold to others; and (ii) any elementary or secondary school, whether public or private, may install an underground tank to contain not in excess of five hundred fifty (550) gallons, so long as such tank is not located within one hundred (100) feet of any residential dwelling unit, is not located within one hundred (100) feet of any building used for school purposes, and the contents of such tank are not resold to others. Otherwise, underground storage of quantities not in excess of ten thousand (10,000) gallons, in a container complying with requirements of the SFPC, is permitted within the city, except that if any such underground tank is located within ten (10) feet of any building, the maximum quantity permitted in such container shall be two thousand (2,000) gallons.
(8)
Open burning —Except as otherwise provided in this section, no person shall ignite or maintain, or cause or permit to be ignited or maintained, any open fire on public or private property outside any building. Salvage, demolition operations, land clearing and disposal of waste materials (including, without limitation, construction debris, garbage, refuse, household refuse, brush, grass, leaves and other waste materials) by burning are specifically prohibited. Exceptions to the prohibitions of this section are as follows:
a.
Open fires may be set in the performance of official duties by the fire chief or his designee when necessary: (i) for the abatement of a fire hazard which cannot be abated by other means; (ii) For training in firefighting or for research in control of fires under supervision of the fire chief or his designee; and (iii) In emergency or other extraordinary circumstances when open burning is determined by the fire chief to be in the public interest.
b.
Open fires may be used for cooking food, if such fires are contained within approved grills and barbecues for the purpose of food preparation for human consumption.
c.
Open fires may be set within approved outdoor fireplaces provided such fireplaces have screened burn chambers and chimneys equipped with spark arrestor screens. Salamanders and similar heating devices may be used for heating by outdoor workers provided that no smoke hazard or other nuisance is created and provided that such devices are used not less than fifteen (15) feet from any structure.
d.
Open fires may be set for recreational purposes, or for ceremonial occasions, with the advance approval of the fire marshal, and provided that no smoke violation or nuisance is created.
e.
Where permitted, open burning shall be constantly monitored until the fire is extinguished. Fire extinguishing equipment shall be available for immediate use. Notwithstanding the above-listed exceptions, there is hereby reserved to the city's fire chief the authority to prohibit any and all open burning when in his determination smoke may cause reduced visibility on any highway, the fire is endangering adjacent property, or when flames, emissions or odors from the fire may otherwise constitute a hazard or nuisance. The fire chief or his designee may order the extinguishing of any fire which creates any such hazard(s) or nuisance(s).
(9)
Fire hydrant distribution - Fire hydrants shall be provided along required fire apparatus access roads and adjacent public streets where new building construction or modifications to water mains occur as follows: No more than three hundred (300) feet shall exist between fire hydrants serving buildings meeting SFPC occupancy classifications other than Residential Group R-5, in which case no more than six hundred (600) feet shall exist between fire hydrants.
(10)
Chapter 1, section 103.1.2 of the SFPC is replaced by the following:
103.1.2. Appendices.
(i)
Appendix B, Fire-Flow Requirements For Buildings, of the International Fire Code - 2006 Edition, as amended from time to time (hereinafter "IFC"), is considered part of the IFC for the purposes of Section 103.1 of the SFPC.
(ii)
Appendix D, Fire Apparatus Access Roads, of the IFC is considered part of the IFC for the purposes of Section 103.1 of the SFPC, as modified in the City's Standards and Design Manual. Any conflict between the two documents shall be resolved in favor of the City's Standards and Design Manual.
(b)
Nothing in this section shall be construed, interpreted or applied to abrogate, nullify, or abolish any law, ordinance or code enacted by the city, or by the Commonwealth of Virginia, its boards or agencies. When any provision of this section is found to be in conflict with any zoning, safety, health or other applicable law, ordinance or code, the provision that establishes the higher standard for the promotion and protection of the safety and welfare of the public shall prevail.
(3-1-04(2); 1-19-10)
Pursuant to Virginia Code § 32.1-111.14, it is hereby determined that the powers set forth herein must be exercised in order to assure the provision of adequate and continuing emergency services and to preserve, protect and promote the public health, safety and general welfare.
(6-2-14(1), § 1)
[The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]
"Agency" means any person engaged in the business, service or regular activity, whether or not for profit, of transporting persons who are sick, injured, wounded or otherwise incapacitated or helpless, or of rendering immediate medical care to such persons.
"Emergency medical services vehicle" means any vehicle, vessel, aircraft, or ambulance that holds a valid emergency medical services vehicle permit issued by the office of emergency medical services that is equipped, maintained or operated to provide emergency medical care or transportation of patients who are sick, injured, wounded, or otherwise incapacitated or helpless.
(6-2-14(1), § 1)
(a)
No agency shall operate an emergency medical services vehicle within city limits unless a permit is first obtained from the city. Agencies permitted pursuant to this article shall comply with all terms and conditions of their permits.
(b)
Permits shall be issued in accordance with section 32.1-111.14 of the Virginia Code, as amended, by the city manager or his designee, upon such terms and conditions as may be needed to ensure the public health, safety and welfare.
(c)
No permit shall be required for (1) any agency acting pursuant to a mutual aid agreement with the city, or any agency while assisting the city during a state of emergency; or (2) any agency in operation within the city on June 28, 1968, that has been in continuing operation up to and including the effective date of this ordinance; or (3) any emergency medical services vehicle operated by the City of Charlottesville.
(6-2-14(1), § 1)
(a)
Reasonable fees shall be charged for services provided by an agency operating emergency medical services vehicles under this article. The schedule of fees shall be established by resolution of city council.
(b)
In no event shall a person be denied transport for emergency medical services due to his or her inability to pay.
(c)
The city manager shall establish policies and procedures to implement this section in accordance with applicable law, including payment standards for persons demonstrating economic hardship.
(6-2-14(1), § 1)
Except as otherwise specified, any person who violates the provisions of this article shall be guilty of a Class 1 misdemeanor.
(3-1-04(2))
For purposes of this chapter the following definitions shall apply:
Emergency incident means any incident to which members of the city's fire department are called to respond, where there is imminent danger or the actual occurrence of fire or explosion or of the uncontrolled release of hazardous materials which threaten life or property.
Emergency services personnel means persons responsible for the direct provision of emergency medical or rescue services in a given medical emergency or emergency rescue including all persons who could be described as attendants, attendants-in-charge, or operators.
Garbage means putrescible animal and vegetable matter accumulated by a household in the course of ordinary day-to-day living.
Household refuse means waste material and trash normally accumulated by a household in the course of ordinary day-to-day living.
Open burning and open fire refer to the burning of any matter or substance in a manner that the resulting products of combustion are emitted directly into the atmosphere without passing through a stack, duct or chimney.
Refuse means trash, rubbish, garbage and other forms of solid or liquid waste, including, without limitation, wastes resulting from residential, agricultural, commercial, industrial, institutional, trade, construction, land cleaning, forest management and emergency operations.
(3-1-04(2))
All references within this ordinance to specific titles, chapters, articles and sections of the Virginia Code shall refer to those provisions of the Code of Virginia (1950), as amended, in effect on the date of adoption of this ordinance, and shall also be construed as references to successor titles, chapters, articles and sections, mutatis mutandis.
(3-1-04(2))
There is hereby established as a department of the city government a fire and emergency medical services (EMS) department, to be known and designated as the Fire Department of the City of Charlottesville. The fire department shall be composed of a corps of paid full-time employees of the City of Charlottesville, as well as a group of volunteers who are members of an organization known and designated as the Charlottesville Fire Company. The fire department shall be subject generally to the direction and control of a full-time paid officer, appointed by the city manager, to be known as the "chief" of the fire department; provided, however, that the fire chief shall exercise control over the Charlottesville Fire Company and its members only at the scene of an emergency incident.
(3-1-04(2))
(a)
The city's fire chief shall have full authority and complete supervisory control of all equipment and personnel in attendance at an emergency incident, including, without limitation, officers and other members of the Charlottesville Fire Company. In the absence of the fire chief, all such authority and control shall be vested with the next-in-rank officer employed full-time within the city's fire department and holding the rank of captain or above.
(b)
The fire chief is empowered to designate such subordinate officers and officials among the paid employees of the fire department as he may deem appropriate, including without limitation: designation of a local fire marshal and one (1) or more assistants, as deemed necessary by the fire chief, which assistants shall, in the absence of the fire marshal, shall have the powers and perform the duties of the fire marshal.
(c)
The fire chief shall have charge of the city's firehouses, and shall keep such property in good condition.
(d)
The fire chief shall have authority to purchase (subject to applicable procurement laws and regulations) operate, man and maintain equipment for fighting fires, performing emergency medical services, and for otherwise responding to emergency incidents, and to prescribe the terms and conditions upon which such equipment will be utilized. The fire chief shall perform all actions and shall have all duties as may be necessary to properly care for and to keep such property and equipment in good condition and working order.
(e)
The fire chief shall keep and maintain records of all emergency incidents, their place and time of occurrence, and such other information as the fire chief shall deem necessary or proper or the city manager may require. The fire chief shall deliver to his successor in office all such records, and all other records pertaining to the operation and management of the city fire department that may be in his possession or control.
(f)
The fire chief shall have general supervision of all fire hydrants in the city, and he shall report in writing to the director of public works whenever he deems it necessary or expedient that any fire hydrants should be erected, repaired or removed.
(3-1-04(2))
(a)
As set forth within section 12-16(a), above, the fire chief, or in his absence another authorized member of the fire department, shall have control of the scene of an emergency incident. While the city's fire department is in the process of answering an alarm or operating at an emergency incident and returning to the station, the fire chief or other officer in charge of such operations at that time shall have the authority to:
(1)
Maintain order at the emergency incident or its vicinity;
(2)
Direct the actions of the firefighters and emergency services personnel at the emergency incident or its vicinity;
(3)
Keep bystanders or other persons at a safe distance from the emergency incident and emergency equipment;
(4)
Facilitate the speedy movement and operation of emergency equipment, firefighters and emergency medical services personnel;
(5)
Cause an investigation to be made into the origin and cause of the emergency incident;
(6)
Until the arrival of a police officer, direct and control traffic in person or by deputy and facilitate the movement of traffic; and
(7)
Restrict the entry of personnel from the news media into the area of an emergency incident, as follows: personnel from the news media, when gathering the news, may enter at their own risk into the area of an emergency incident only when the fire chief or other officer in charge has deemed the area safe, and only into those areas of the emergency incident that do not, in the opinion of the fire chief or other officer in charge, interfere with firefighters or emergency medical services personnel dealing with such emergencies, in which case the fire chief or other officer in charge may order such person to leave the scene of the emergency incident.
(b)
The fire chief or other officer in charge of the area of an emergency incident shall display his firefighter's or emergency medical services personnel badge, or other proper means of identification. Any person refusing to obey the order(s) of the fire chief or other officer in charge, or his deputies, shall be guilty of a Class 4 misdemeanor. The fire chief or other officer in charge shall have the power to make arrests for violation of the provisions of this section. The authority described within this section may not be exercised to inhibit or obstruct members of law-enforcement agencies or rescue squads from performing their normal duties when operating at an emergency incident.
(c)
The fire chief shall have the authority to equip fire department vehicles and personnel with devices for activation of traffic control signals, in order to facilitate the safe ingress and egress of emergency equipment at a fire/EMS station and to facilitate the safe travel of equipment and vehicles to the scene of an emergency incident.
(3-1-04(2))
(a)
At its regular meeting in August of each year, or as soon thereafter as practicable, the Charlottesville Fire Company shall elect from among its members a chief and such other officers as it may deem appropriate, and shall communicate the names of the elected officers to the city's fire chief. The terms of office shall commence upon appointment and shall expire on August 31 of the year following the year in which such officers were elected. Officers so elected shall have full direction and control over the members of the Charlottesville Fire Company at all times, except as otherwise provided within this chapter with respect to activities at the scene of a fire.
(b)
At the scene of a fire the chief and other officers of the fire company shall exercise supervision and control over fire company personnel; however, the chief and other officers of the fire company shall receive direction and instructions from the city's fire chief or next-ranking officer in charge. In the event neither the city's fire chief nor another full-time employee of the city fire department holding the rank of captain or above is present at the scene of a fire, then the chief of the fire company, or another fire company officer holding the rank of captain or above, will be in charge until relieved by an authorized officer of the city's fire department.
(3-1-04(2))
(a)
The fire chief shall appoint an employee of the fire department to serve as the city's fire marshal, and one (1) or more assistants. The fire marshal shall have the powers, functions and responsibilities described within Title 27, Chapter 3 (Local Fire Marshals) of the Virginia Code.
(1)
In addition to any other duties prescribed by law, the fire marshal and his assistants shall have the authority to arrest, to procure and serve warrants of arrest, and to issue summons in the manner authorized by general law for violation of fire prevention and fire safety laws and related ordinances. The authority granted in this section shall not be exercised by the fire marshal or any assistant until such person has satisfactorily completed a training course designed specifically for local fire marshals and their assistants and approved by the Virginia Fire Services Board.
(2)
The city's fire marshal and his assistants shall have the same police powers as a police officer or law enforcement officer, and these officers shall have responsibility for the investigation and prosecution of offenses involving hazardous materials, fires, fire bombings, bombings, attempts or threats to commit such offenses, false alarms relating to such offenses, and possession and manufacture of explosive devices, substances and fire bombs. However, the police powers granted in this section shall not be exercised by any local fire marshal or assistant until such person has satisfactorily completed a course for fire marshals with police powers, designated by the department of fire programs in cooperation with the department of criminal justice services, which course shall be approved by the Virginia Fire Services Board. In addition, fire marshals and their assistants with police powers shall continue to have and exercise those police powers only upon satisfactory participation in in-service and advanced courses and programs designated by the department of fire programs in cooperation with the department of criminal justice services, which courses shall be approved by the Virginia Fire Services Board.
(3)
Where a city fire marshal or any assistant(s) have been designated by the city's fire chief they shall, before entering upon their duties, take oath before an officer authorized to administer oaths, faithfully to discharge the duties of such office(s). The certificate of the oath shall be returned to and preserved by the clerk of the city council.
(b)
The fire marshal shall have the right to enter upon any property from which a release of any hazardous material, hazardous waste or regulated substance, as defined in § 10.1-1400 or § 62.1-44.34:8 of the Virginia Code, has occurred or is reasonably suspected to have occurred, and which has entered into the ground water, surface water or soils of the city. The right of entry authorized by this provision is to allow the fire marshal to investigate the extent and cause of any such release and shall be exercised in accordance with the provisions of § 27-37.1 of the Virginia Code.
(3-1-04(2))
There is hereby established a fire prevention code for the City of Charlottesville, consisting of the Virginia Statewide Fire Prevention Code adopted pursuant to section 12-31, as well as the regulations set forth within section 12-32, following below.
(3-1-04(2))
(a)
It shall be the policy and practice of the city to enforce, in its entirety, the Virginia Statewide Fire Prevention Code ("SFPC") adopted by the Virginia Board of Housing pursuant to § 27-97 of the Virginia Code, as amended from time to time. Accordingly, the SFPC is hereby adopted as part of the fire prevention code of the city. At least one (1) copy of the SFPC shall be maintained in the office of the city's fire chief and such copy shall be made available for inspection during regular office hours.
(b)
Appeals concerning the application of the SFPC shall first lie to the city's board of building code appeals, which board is hereby designated as the local board of appeals for the SFPC. This board shall have jurisdiction over all appeals initiated by persons aggrieved by a decision of the fire official implementing or interpreting any provision of the SFPC.
(c)
From time to time city council may approve a schedule of permits and of fees applicable to inspections, approvals and appeals conducted for purposes of enforcement of the SFPC. Once a schedule of permits and/or fees is approved it shall be maintained in the office of the city fire chief.
(d)
The city's fire department shall have responsibility to serve as the local enforcing agency for the SFPC. In carrying out such responsibility the fire department shall act by and through an executive official ("fire official") designated by the city's fire chief. Unless otherwise specified by the city's fire chief, the city's fire marshal shall serve as the city's fire official. The fire official and any fire department employees appointed by the fire chief to assist him, shall have authority to exercise the powers authorized within the SFPC and relevant provisions of the Statewide Fire Prevention Code Act, §§ 27-94 et seq. of the Virginia Code, as amended. The fire official may delegate duties and powers to his assistants appointed by the fire chief, but the fire official shall remain responsible for ensuring that any such delegated duties and powers are carried out in accordance with applicable provisions of law.
(e)
The fire official and his assistants shall have or obtain the qualifications and certifications specified within the SFPC.
(f)
The fire official shall keep and maintain official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. The fire official shall deliver to his successor in office all such records that may be in his possession or control.
(3-1-04(2))
(a)
The SFPC, as adopted pursuant to section 12-31, above, is hereby amended, supplemented, amplified and modified by the following provisions, which are intended to be more restrictive or more extensive in scope than the regulations set forth within the SFPC:
(1)
Certain fire suppression systems required —Notwithstanding any contrary provision of law, general or special, fire suppression systems must be installed and maintained in full operating condition in buildings fifty (50) feet or more in height for which building permits have been issued after October 20, 1986. The technical requirements for the installation, repair, operation and maintenance of such systems shall be those found in the SFPC. A violation of this section shall constitute a Class 2 misdemeanor.
(2)
Certain smoke detectors required —Notwithstanding any contrary provision of law, general or special, smoke detectors shall be installed in the following structures or buildings: (i) any building containing one (1) or more dwelling units, (ii) any hotel or motel regularly used or offered for, or intended to be used to provide overnight sleeping accommodations for one (1) or more persons, and (iii) rooming houses regularly used, offered for, or intended to be used to provide overnight sleeping accommodations. Smoke detectors installed pursuant to this section shall be installed in conformance with the provisions of the Uniform Statewide Building Code. Any required smoke detector may be either battery-operated or an AC-powered unit. The owner of any dwelling unit which is rented or leased, at the beginning of each tenancy and at least annually thereafter, shall furnish the tenant of that unit with a certificate that all required smoke detectors are present, have been inspected, and are in good working order. Except for smoke detectors located in hallways, stairwells, and other public or common areas of multifamily buildings, interim testing, repair, and maintenance of smoke detectors in rented or leased units shall be the responsibility of the tenant; however, the owner shall be obligated to service, repair, or replace any malfunctioning smoke detector(s) within five (5) days of receipt of written notice from the tenant that such smoke detector is in need of service, repair, or replacement. A violation of any provision of this section shall constitute a Class 2 misdemeanor.
Any building containing fewer than four (4) dwelling units which was not in compliance with this section on July 1, 1984, shall be exempted from the requirements of this section until such time as that building or any dwelling unit therein is sold or rented to another person. The city's fire department may delegate responsibility for enforcement of this section, as may be appropriate, to the housing inspections division of the department of neighborhood development services, which is hereby authorized to enforce this section at the request of the fire department.
(3)
Exits from public assembly halls —The owners or lessees of any public hall or theater shall provide suitable and sufficient exits from such buildings. The doors to the exits shall remain unlocked during all performances or public gatherings in the buildings and shall, in all cases, open outwardly, and not inwardly. Any owner or lessee of any such building who shall violate this requirement shall be subject to the penalties set forth within § 27-53 of the Virginia Code. The continuation of any failure to comply with this requirement for each week after notice has been given to the owner or lessee of a building that the exits are unsafe or insufficient shall be deemed a separate offense.
(4)
Summoning firefighting apparatus without cause —No person shall, without just cause, call or summon, by telephone or otherwise, any firefighting apparatus. No person shall maliciously activate a manual or automatic fire alarm in any building used for public assembly or for other public use, including, but not limited to, schools, theaters, stores, office buildings, shopping centers and malls, coliseums and arenas.
(5)
Fireworks —No person shall have, keep, store, use, discharge, manufacture, sell, handle or transport any fireworks in the city, except as provided within this section. Nothing in this section shall apply to:
a.
Any materials or equipment that is used or to be used by any person for signaling or other emergency use in the operation of any railroad train or other vehicle for the transportation of persons or property.
b.
Any officer or member of the armed forces, while acting within the scope of his authority and duties as such, nor to any offer of sale or sale of fireworks to any authorized agent of such armed forces.
The fire chief may, upon due application, issue a permit to a properly qualified person for giving a pyrotechnic display of fireworks in the public parks or other open places. Such permits shall impose such restrictions as, in the opinion of the fire chief, may be necessary to properly safeguard life and property in each case. The term "fireworks," as used in this section, shall mean and refer to any firecracker, sparkler, roman candle, fire balloon, signal light, squib, rocket, railroad track or other torpedo, skyrocket, flashlight composition, or other substance or object, of whatever form or construction, that contains any explosive or inflammable compound or substance, and which explodes, rises into the air, travels laterally, or fires projectiles into the air to obtain visible or audible pyrotechnic effects.
(6)
High explosives —No person shall sell within the city any dynamite, blasting powder or other high explosive except upon a written permit from the chief of police, which permit shall be issued upon application by the purchaser showing that such explosives are to be used for legitimate purposes within a reasonable time after their purchase and the provisions of the fire prevention code with respect to the keeping of all such explosives shall in all respects apply to such purchaser. This section shall not be construed to apply to the purchase of shotgun, rifle or pistol ammunition at retail.
(7)
Storage of explosive liquids —It shall be unlawful for any person to store, keep or handle any gasoline or other highly explosive liquids in bulk within the city ("bulk storage") except: (i) in the city's manufacturing/industrial zoning districts as part of, or in connection with, a use authorized by the city's zoning ordinance, or (ii) in existing bulk storage sites that were lawful as of March 1, 2004. For the purposes of this section, the term "bulk storage" shall mean and refer to the storage and keeping as well as the parking, loading or unloading of gasoline or any other highly explosive liquid in quantities of more than ten thousand (10,000) gallons, into, to or from any single container, including, without limitation, tank cars or truck transports. Where permitted, such bulk storage shall be conducted in accordance with applicable provisions of the SFPC.
It shall be unlawful for any person to store, keep or handle any gasoline or other highly explosive liquids in any underground container of ten thousand (10,000) gallons or less, in any residential zoning or B-1 zoning district; provided, however, that: (i) in an R-3 or B-1 zoning district, a single underground tank may be installed to contain not in excess of five hundred fifty (550) gallons, provided that such tank is not located within one hundred (100) feet of any residential dwelling unit, is to serve a non-conforming business use, and shall not be resold to others; and (ii) any elementary or secondary school, whether public or private, may install an underground tank to contain not in excess of five hundred fifty (550) gallons, so long as such tank is not located within one hundred (100) feet of any residential dwelling unit, is not located within one hundred (100) feet of any building used for school purposes, and the contents of such tank are not resold to others. Otherwise, underground storage of quantities not in excess of ten thousand (10,000) gallons, in a container complying with requirements of the SFPC, is permitted within the city, except that if any such underground tank is located within ten (10) feet of any building, the maximum quantity permitted in such container shall be two thousand (2,000) gallons.
(8)
Open burning —Except as otherwise provided in this section, no person shall ignite or maintain, or cause or permit to be ignited or maintained, any open fire on public or private property outside any building. Salvage, demolition operations, land clearing and disposal of waste materials (including, without limitation, construction debris, garbage, refuse, household refuse, brush, grass, leaves and other waste materials) by burning are specifically prohibited. Exceptions to the prohibitions of this section are as follows:
a.
Open fires may be set in the performance of official duties by the fire chief or his designee when necessary: (i) for the abatement of a fire hazard which cannot be abated by other means; (ii) For training in firefighting or for research in control of fires under supervision of the fire chief or his designee; and (iii) In emergency or other extraordinary circumstances when open burning is determined by the fire chief to be in the public interest.
b.
Open fires may be used for cooking food, if such fires are contained within approved grills and barbecues for the purpose of food preparation for human consumption.
c.
Open fires may be set within approved outdoor fireplaces provided such fireplaces have screened burn chambers and chimneys equipped with spark arrestor screens. Salamanders and similar heating devices may be used for heating by outdoor workers provided that no smoke hazard or other nuisance is created and provided that such devices are used not less than fifteen (15) feet from any structure.
d.
Open fires may be set for recreational purposes, or for ceremonial occasions, with the advance approval of the fire marshal, and provided that no smoke violation or nuisance is created.
e.
Where permitted, open burning shall be constantly monitored until the fire is extinguished. Fire extinguishing equipment shall be available for immediate use. Notwithstanding the above-listed exceptions, there is hereby reserved to the city's fire chief the authority to prohibit any and all open burning when in his determination smoke may cause reduced visibility on any highway, the fire is endangering adjacent property, or when flames, emissions or odors from the fire may otherwise constitute a hazard or nuisance. The fire chief or his designee may order the extinguishing of any fire which creates any such hazard(s) or nuisance(s).
(9)
Fire hydrant distribution - Fire hydrants shall be provided along required fire apparatus access roads and adjacent public streets where new building construction or modifications to water mains occur as follows: No more than three hundred (300) feet shall exist between fire hydrants serving buildings meeting SFPC occupancy classifications other than Residential Group R-5, in which case no more than six hundred (600) feet shall exist between fire hydrants.
(10)
Chapter 1, section 103.1.2 of the SFPC is replaced by the following:
103.1.2. Appendices.
(i)
Appendix B, Fire-Flow Requirements For Buildings, of the International Fire Code - 2006 Edition, as amended from time to time (hereinafter "IFC"), is considered part of the IFC for the purposes of Section 103.1 of the SFPC.
(ii)
Appendix D, Fire Apparatus Access Roads, of the IFC is considered part of the IFC for the purposes of Section 103.1 of the SFPC, as modified in the City's Standards and Design Manual. Any conflict between the two documents shall be resolved in favor of the City's Standards and Design Manual.
(b)
Nothing in this section shall be construed, interpreted or applied to abrogate, nullify, or abolish any law, ordinance or code enacted by the city, or by the Commonwealth of Virginia, its boards or agencies. When any provision of this section is found to be in conflict with any zoning, safety, health or other applicable law, ordinance or code, the provision that establishes the higher standard for the promotion and protection of the safety and welfare of the public shall prevail.
(3-1-04(2); 1-19-10)
Pursuant to Virginia Code § 32.1-111.14, it is hereby determined that the powers set forth herein must be exercised in order to assure the provision of adequate and continuing emergency services and to preserve, protect and promote the public health, safety and general welfare.
(6-2-14(1), § 1)
[The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]
"Agency" means any person engaged in the business, service or regular activity, whether or not for profit, of transporting persons who are sick, injured, wounded or otherwise incapacitated or helpless, or of rendering immediate medical care to such persons.
"Emergency medical services vehicle" means any vehicle, vessel, aircraft, or ambulance that holds a valid emergency medical services vehicle permit issued by the office of emergency medical services that is equipped, maintained or operated to provide emergency medical care or transportation of patients who are sick, injured, wounded, or otherwise incapacitated or helpless.
(6-2-14(1), § 1)
(a)
No agency shall operate an emergency medical services vehicle within city limits unless a permit is first obtained from the city. Agencies permitted pursuant to this article shall comply with all terms and conditions of their permits.
(b)
Permits shall be issued in accordance with section 32.1-111.14 of the Virginia Code, as amended, by the city manager or his designee, upon such terms and conditions as may be needed to ensure the public health, safety and welfare.
(c)
No permit shall be required for (1) any agency acting pursuant to a mutual aid agreement with the city, or any agency while assisting the city during a state of emergency; or (2) any agency in operation within the city on June 28, 1968, that has been in continuing operation up to and including the effective date of this ordinance; or (3) any emergency medical services vehicle operated by the City of Charlottesville.
(6-2-14(1), § 1)
(a)
Reasonable fees shall be charged for services provided by an agency operating emergency medical services vehicles under this article. The schedule of fees shall be established by resolution of city council.
(b)
In no event shall a person be denied transport for emergency medical services due to his or her inability to pay.
(c)
The city manager shall establish policies and procedures to implement this section in accordance with applicable law, including payment standards for persons demonstrating economic hardship.
(6-2-14(1), § 1)
(a)
There is hereby established a joint library board consisting of such number of members appointed by the council and the governing bodies of counties contiguous to the city pursuant to the joint agreement between the city and such counties.
(b)
There shall be a chairman, a vice-chairman and a secretary of the library board and any other officer deemed necessary.
(Code 1976, §§ 14-1, 14-2)
State Law reference— Regional library boards, Code of Virginia, § 42.1-38 et seq.
The library board shall have power to conduct and maintain the regional library and shall have authority to appoint committees. In selecting the members of any committee, it need not be restricted to its own membership, but may appoint any citizen of the city or of a county which is a party to the agreement referred to in section 13-26.
(Code 1976, § 14-3)
The library board shall appoint a librarian and assistant librarian and such aides as may be essential to an efficient administration of the affairs of the regional library and shall fix the compensation for each appointee, subject to the approval of the council.
(Code 1976, § 14-4)
The librarian shall be responsible for the proper care of the regional library building and its contents. He shall perform such other duties as may be prescribed by the library board.
(Code 1976, § 14-8)
The librarian shall cause to be made, on or before the tenth day of each month, to the city manager, a written report of the activities of the regional library for the preceding month on forms prescribed by the city manager. The library board and the librarian shall also furnish from time to time such additional reports and information as may be required by the council or the city manager.
(Code 1976, § 14-5)
The director of finance shall, annually, or as often as he may deem necessary, audit the accounts and inventory the property of the regional library and shall require the person receiving and expending library funds to keep accounts of all receipts and purchases in such manner as the director of finance may prescribe. A report of such annual audit and inventory shall be made to the council not later than September tenth in each year.
(Code 1976, § 14-6)
The library board and librarian shall be responsible and accountable to the city for the proper expenditure and account of all funds appropriated by the city or otherwise received for the regional library. No obligation shall be incurred by them beyond the amount appropriated by the council.
(Code 1976, § 14-7)
(a)
No person shall wilfully, maliciously or wantonly write upon, injure, deface, tear, cut or destroy any book, plate, picture, engraving, map, newspaper, magazine, pamphlet, manuscript or other property belonging to the regional library, or wilfully and without authority remove any book or other property from the regional library or any branch or vehicle thereof.
(b)
A violation of this section shall constitute a Class 1 misdemeanor.
(Code 1976, § 14-9)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11; damaging property generally, § 17-22 et seq.
State Law reference— Similar provisions, Code of Virginia, §§ 42.1-72, 42.1-73.
(a)
It shall be unlawful for any person to have in his possession any book or other property of the regional library which he shall fail to return within thirty (30) days after receiving notice in writing from the librarian; provided, that if such book is lost or destroyed, such person may, after being notified to return such book, pay to the librarian the value of the book, the value to be determined by the library board.
(b)
A violation of this section shall constitute a Class 1 misdemeanor.
(Code 1976, § 14-10)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
State Law reference— Similar provisions, Code of Virginia, § 42.1-74.
(a)
There is hereby established a joint library board consisting of such number of members appointed by the council and the governing bodies of counties contiguous to the city pursuant to the joint agreement between the city and such counties.
(b)
There shall be a chairman, a vice-chairman and a secretary of the library board and any other officer deemed necessary.
(Code 1976, §§ 14-1, 14-2)
State Law reference— Regional library boards, Code of Virginia, § 42.1-38 et seq.
The library board shall have power to conduct and maintain the regional library and shall have authority to appoint committees. In selecting the members of any committee, it need not be restricted to its own membership, but may appoint any citizen of the city or of a county which is a party to the agreement referred to in section 13-26.
(Code 1976, § 14-3)
The library board shall appoint a librarian and assistant librarian and such aides as may be essential to an efficient administration of the affairs of the regional library and shall fix the compensation for each appointee, subject to the approval of the council.
(Code 1976, § 14-4)
The librarian shall be responsible for the proper care of the regional library building and its contents. He shall perform such other duties as may be prescribed by the library board.
(Code 1976, § 14-8)
The librarian shall cause to be made, on or before the tenth day of each month, to the city manager, a written report of the activities of the regional library for the preceding month on forms prescribed by the city manager. The library board and the librarian shall also furnish from time to time such additional reports and information as may be required by the council or the city manager.
(Code 1976, § 14-5)
The director of finance shall, annually, or as often as he may deem necessary, audit the accounts and inventory the property of the regional library and shall require the person receiving and expending library funds to keep accounts of all receipts and purchases in such manner as the director of finance may prescribe. A report of such annual audit and inventory shall be made to the council not later than September tenth in each year.
(Code 1976, § 14-6)
The library board and librarian shall be responsible and accountable to the city for the proper expenditure and account of all funds appropriated by the city or otherwise received for the regional library. No obligation shall be incurred by them beyond the amount appropriated by the council.
(Code 1976, § 14-7)
(a)
No person shall wilfully, maliciously or wantonly write upon, injure, deface, tear, cut or destroy any book, plate, picture, engraving, map, newspaper, magazine, pamphlet, manuscript or other property belonging to the regional library, or wilfully and without authority remove any book or other property from the regional library or any branch or vehicle thereof.
(b)
A violation of this section shall constitute a Class 1 misdemeanor.
(Code 1976, § 14-9)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11; damaging property generally, § 17-22 et seq.
State Law reference— Similar provisions, Code of Virginia, §§ 42.1-72, 42.1-73.
(a)
It shall be unlawful for any person to have in his possession any book or other property of the regional library which he shall fail to return within thirty (30) days after receiving notice in writing from the librarian; provided, that if such book is lost or destroyed, such person may, after being notified to return such book, pay to the librarian the value of the book, the value to be determined by the library board.
(b)
A violation of this section shall constitute a Class 1 misdemeanor.
(Code 1976, § 14-10)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
State Law reference— Similar provisions, Code of Virginia, § 42.1-74.
It is hereby declared to be the intent of this chapter that, in order to distribute the tax burden of the city, any business, employment or profession located or conducted in the city, and the persons, firms, associations and corporations engaged therein and the agents thereof, shall, except as otherwise specifically provided, be subject to an annual license issuance fee and license tax under this chapter.
There is hereby levied and there shall be assessed and collected those license taxes or license issuance fees described below, for each and every license year until otherwise changed, which shall be for the support of the city government, the payment of the city debts and interest thereon and for other municipal purposes.
(10-7-96, § 1; 11-3-97(2), § 1)
The following words and terms shall have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning:
Affiliated group shall mean:
(1)
One (1) or more chains of corporations subject to inclusion connected through stock ownership with a common parent corporation which is a corporation subject to inclusion if:
a.
Stock possessing at least eighty (80) percent of the voting power of all classes of stock and at least eighty (80) percent of each class of the nonvoting stock of each of the corporations subject to inclusion, except the common parent corporation, is owned directly by one (1) or more of the other corporations subject to inclusion; and
b.
The common parent corporation directly owns stock possessing at least eighty (80) percent of the voting power of all classes of stock and at least eighty (80) percent of each class of the nonvoting stock of at least one (1) of the other subject to inclusion corporations. As used in the subsection, the term "stock" does not include nonvoting stock which is limited and preferred as to dividends; the phrase "corporation subject to inclusion" means any corporation within the affiliated group irrespective of the state or country of its incorporation; and the term "receipts' includes gross receipts and gross income.
(2)
Two (2) or more corporations if five (5) or fewer persons who are individuals, estates or trusts own stock possessing at least eighty (80) percent of the total combined voting power of all classes of stock entitled to vote, or at least eighty (80) percent of the total value of shares of all classes of the stock of each corporation; and more than fifty (50) percent of the total combined voting power of all classes of stock entitled to vote, or more that fifty (50) percent of the total value of shares of all classes of stock of each corporation, taking into account the stock ownership of each such person only to the extent such stock ownership is identical with respect to each such corporation.
When one (1) or more of the corporations subject to inclusion, including the common parent corporation, is a nonstock corporation, the term "stock" as used in the subsection shall refer to the nonstock corporation membership or membership voting rights, as is appropriate to the context.
(3)
Two (2) or more entities, if such entities satisfy the requirements in subdivision (1) or (2) of this definition as if they were corporations and as if the ownership interests therein were stock.
Appealable event, for the purposes of this section, shall mean an increase in the assessment of a local license tax payable by a taxpayer, the denial of a refund, or the assessment of a local license tax where none previously was assessed, arising out of the local assessing official's (i) examination of records, financial statements, books of account or other information for the purpose of determining the correctness of an assessment, (ii) determination regarding the rate or classification applicable to the licensable business, (iii)assessment of a local license tax when no return has been filed by the taxpayer, or (iv) denial of an application for correction of erroneous assessment attendant to the filing of an amended application for a license.
Assessment shall mean a determination as to the proper rate of tax, the measure to which the tax rate is applied, and ultimately the amount of tax, including additional or omitted tax, that is due. An assessment shall include a written assessment made pursuant to notice by the assessing official or a self-assessment made by a taxpayer upon the filing of a return or otherwise not pursuant to notice. Assessments shall be deemed made by an assessing official when a written notice of assessment is delivered to the taxpayer by the assessing official or an employee of the assessing official, or mailed to the taxpayer at his last known address. Self-assessments shall be deemed made when a return is filed, or if no return is required, when the tax is paid. A return filed or tax paid before the last day prescribed by ordinance for the filing or payment thereof shall be deemed to be filed or paid on the last day specified for the filing of a return of the payment of tax, as the case may be.
Assessing official means the Commissioner of Revenue of the City of Charlottesville, and designated employees.
Base year shall mean the calendar year preceding the license year, except for contractors subject to the provisions of Virginia Code Section 58.1-3715, or unless otherwise expressly stated herein.
Bondsman shall mean any person who, for compensation, enters into any bond or bonds for others, whether as a principal or surety, including any persons engaged in activities as a bail bondsman property bail bondsman, or surety bail bondsman, as those terms are defined in § 9.1-185 of the Code of Virginia.
Business shall mean a course of dealing which requires the time, attention and labor of the person so engaged for the purpose of earning a livelihood or profit. It implies a continuous and regular course of dealing, rather than an irregular or isolated transaction. A person may be engaged in more than one (1) business. The following activities shall create a rebuttable presumption that a person is engaged in a business: (i) advertising or otherwise holding oneself out to the public as being engaged in a particular business or (ii) filing tax returns, schedules and documents that are required only of persons engaged in a trade or business.
Commissioner shall mean the Commissioner of the Revenue of the City of Charlottesville, and designated employees.
Contractor shall have the meaning prescribed in Virginia Code § 58.1-3714(D), whether such work is done or offered to be done by day labor, general contract or subcontract.
Definite place of business shall mean an office or a location at which occurs a regular and continuous course of dealing for thirty (30) consecutive days or more. A definite place of business for a person engaged in business may include a location leased or otherwise obtained from another person on a temporary or seasonal basis and real property leased to another. A person's residence shall be deemed to be a definite place of business if there is not a definite place of business maintained elsewhere and the person is not subject to licensure as a peddler or itinerant merchant.
Electric service provider shall mean the person that delivers electricity to a consumer.
Entity means a business organization, other than a sole proprietorship, that is a corporation, limited liability company, limited partnership, or limited liability partnership duly organized under the laws of the commonwealth or another state.
Erroneous assessment means any tax assessment that is incorrect due to an error made by the city's commissioner of revenue or other city official or employee charged with assessing, levying or calculating the amount of any business license tax due and owing by a taxpayer.
Financial services shall mean the buying, selling, handling, managing, investing, and providing of advice regarding money, credit, securities, or other investments.
Fuel sale or fuel sales shall mean retail sales of alternative fuel, blended fuel, diesel fuel, gasohol, or gasoline, as such terms are defined in Virginia Code § 58.1-2201.
Gas utility shall mean a person authorized to furnish natural gas service in Virginia.
Gross receipts shall mean the whole, entire, total receipts, without deduction. Gross receipts shall not include any amount not derived from the exercise of the licensed privilege to engage in a business or profession in the ordinary course of business. Gross receipts shall include all income from any business, profession, trade, occupation, vocation, calling or activity, including cash, credits, fees, commissions, brokerage charges and rentals, and property of any kind, nature or description, from either sales made or services rendered without any deductions therefrom on account of cost of the property sold, the cost of materials, labor or service or other costs, or any expense whatsoever; provided, the term "gross receipts" with respect to manufacturers and wholesale merchants manufacturing or dealing in articles upon which there is levied a direct excise tax by the United States shall not include such excise tax payments to the United States Government. The term "gross receipts" when used in connection with or in respect to, financial transactions involving the sale of notes, stocks, bonds or other securities, or the loan, collection or advance of money, or the discounting of notes, bills or other evidences of debt, shall be deemed to mean the gross interest, gross discount, gross commission or other gross receipts earned by means of, or resulting from, such financial transactions, but the term "gross receipts" shall not include amounts received as payment of debts.
The term "gross receipts" shall include the gross receipts from all sales made from a place of business within the city, both to persons within the city and to persons outside the city.
The following items are excluded from gross receipts:
(1)
Amounts received and paid to the United States, the Commonwealth or any county, city, or town for the Virginia Retail Sales or Use Tax, for any local sales tax or any local excise tax on cigarettes, for any federal or state excise taxes on motor fuels.
(2)
Any amount representing the liquidation of a debt or conversion of another asset to the extent that the amount is attributable to a transaction previously taxed (e.g., the factoring of accounts receivable created by sales which have been included in taxable receipts even though the creation of such debt and factoring are a regular part of its business).
(3)
Any amount representing returns and allowances granted by the business to its customers.
(4)
Receipts which are the proceeds of a loan transaction in which the licensee is the obligor.
(5)
Receipts representing the return of principal of a loan transaction in which the licensee is the creditor, or the return of principal or basis upon the sale of a capital asset.
(6)
Rebates and discounts taken or received on account of purchases by the licensee. A rebate or other incentive offered to induce the recipient to purchase certain goods or services from a person other that the offeror, and which the recipient assigns to the licensee in consideration of the sale goods and services shall not be considered a rebate or discount to the licensee, but shall be included in the licensee's gross receipts together with any handling or other fees related to the incentive.
(7)
Withdrawals from inventory for purposes other than sale or distribution and for which no consideration is received and the occasional sale or exchange of assets other than inventory whether or not a gain or loss is recognized for federal income tax purposes.
(8)
Investment income not directly related to the privilege exercised by a business subject to licensure not classified as rendering financial services. This exclusion shall apply to interest on bank accounts of the business, and to interest, dividends and other income derived from the investment of its own funds in securities and other types of investments unrelated to the licensed privilege. This exclusion shall not apply to interest, late fees and similar income attributable to an installment sale or other transaction that occurred in the regular course of business.
(9)
Any amount paid for computer hardware and software that are sold to a United States federal or state government entity provided that such property was purchased within two (2) years of the sale to said entity by the original purchaser who shall have been contractually obligated at the time of purchase to resell such property to a state or federal government entity. This deduction shall not occur until the time of resale and shall apply to only the original cost of the property and not to its resale price, and the deduction shall not apply to any of the tangible personal property which was the subject of the original resale contract if it is not resold to a state or federal government entity in accordance with the original contract obligation.
(10)
Any receipts attributable to business conducted in another state or foreign country in which the taxpayer (or its shareholders, partners or members, in lieu of the taxpayer) is liable for an income or other tax based upon income.
(11)
Amounts collected by any provider of funeral services on behalf of, and paid to, another person providing goods or services in connection with a funeral, if the goods or services were contracted for by the provider of funeral services to his customer. A provider of funeral services claiming the exclusion shall identify on its license application each person to whom the excluded receipts have been paid and the amount of the excluded receipts paid by the provider of funeral services to such person. As used in this paragraph, the term "provider of funeral services" shall mean any person engaged in the funeral service profession, operating a funeral service establishment, or acting as a funeral director or embalmer.
(12)
Employee benefits paid by a staffing firm to, or for the benefit of, any contract employee for the period of time that the contract employee is actually employed for the use of the client company pursuant to the terms of a professional employer organization (PEO) services contract or temporary help services contract. However, the taxable gross receipts of a staffing firm shall include any administrative fees received by such firm from a client company, whether on a fee-for-service basis or as a percentage of total receipts from the client company.
For the purpose of this paragraph:
Client company means a person, as defined in Virginia Code § 1-230 or § 1-231, as may be applicable, that enters into a contract with a staffing firm by which the staffing firm, for a fee, provides PEO services or temporary help services.
Contract employee means an employee performing services under a PEO services contract or temporary help services contract.
Employee benefits means wages, salaries, payroll taxes, payroll deductions, workers' compensation costs, benefits, and similar expenses.
PEO services or professional employer organization services means an arrangement whereby a staffing firm assumes employer responsibility for payroll, benefits, and other human resources functions with respect to employees of a client company with no restrictions or limitations on the duration of employment.
PEO services contract means a contract pursuant to which a staffing firm provides PEO services for a client company.
Staffing firm means a person, as defined in Virginia Code § 1-230 or § 1-231, as may be applicable that provides PEO services or temporary help services.
Temporary help services means an arrangement whereby a staffing firm temporarily assigns employees to support or supplement a client company's workforce.
Temporary help services contract means a contract pursuant to which a staffing firm provides temporary help services for a client company.
License year shall mean the calendar year for which a license is issued for the privilege of engaging in business.
Merchant shall mean any person whose business, or any part of it, consists of buying, or otherwise acquiring, and selling, leasing or otherwise disposing of goods, wares, merchandise, commodities, supplies, machinery, equipment or any other article of personal property.
Person shall mean any individual, corporation, partnership, association, company, business, trust, joint venture, or other legal entity.
Pipeline distribution company shall mean a person, other than a pipeline transmission company, that transmits natural gas, manufactured gas or crude petroleum, and the products or by-products thereof, by means of a pipeline, for sale to an ultimate consumer for purposes of furnishing heat or light.
Pipeline transmission company shall mean a person authorized to transmit natural gas, manufactured gas or crude petroleum and the products or by-products thereof in the public service by means of a pipeline or pipelines from one point to another when such gas or petroleum is not for sale to an ultimate consumer for purposes of furnishing heat or light.
Professional services shall mean services performed by architects, attorneys-at-law, certified public accountants, dentists, engineers, land surveyors, surgeons, veterinarians, and practitioners of the healing arts (the arts and sciences dealing with the prevention, diagnosis, treatment and cure or alleviation of human physical or mental ailments, conditions, diseases, pain or infirmities) and such occupations, and no others, as the Virginia Department of Taxation adds to the list in the BPOL guidelines promulgated pursuant to Virginia Code Section 58.1-3701. The word "profession" implies attainments in professional knowledge as distinguished from mere skill, and the application of knowledge to uses for others rather than for personal profit.
Purchases shall mean all goods, wares and merchandise received for sale at each definite place of business of a wholesale merchant. The term shall also include the cost of manufacture of all goods, wares and merchandise manufactured by any wholesale merchant and sold or offered for sale. A wholesale merchant may elect to report the gross receipts from the sale of manufactured goods, wares and merchandise if it cannot determine the cost of manufacture or chooses not to disclose the cost of manufacture.
Real estate services shall mean providing a service for compensation with respect to the purchase, sale, lease, rental or appraisal of property. Such services include, but are not limited to the following:
Appraisers of real estate
Escrow agents, real estate
Fiduciaries, real estate
Lessors of real property
Real estate agents, brokers and managers
Real estate selling agents
Rental agents for real estate
Refund resulting from an erroneous assessment means a refund made to a taxpayer, resulting from the overpayment of business license taxes, which refund results from (i) an application for correction of an erroneous assessment under sections 14-6 or 14-12 of this chapter, or (ii) an application made pursuant to the authority of sections 58.1-3703.1, 58.1-3980, 58.1-3981 or 58.1-3984 of the Code of Virginia (1950), as amended.
Retail merchant means any person making sales of goods, wares or merchandise for any purpose other than resale (but not including sales to institutional, commercial and industrial users, where the quantity, price or other circumstances of such sales indicate that such sales constitute sales at wholesale). Any person who shall manufacture and sell goods, wares or merchandise at retail at the place of manufacture is classified as a retail merchant for the purposes of this chapter, and shall be licensed as such. Any person engaged in a short-term rental business, as defined in City Code section 30-316, is classified as a retail merchant for the purposes of this chapter, and shall be licensed as such. Any person who shall cook, or otherwise furnish for compensation, diet, refreshments of any kind, for casual visitors at his house, for consumption therein, and who does not furnish lodging, and who is not the keeper of a hotel or lodging house, is classified as a retail merchant for the purposes of this chapter, and shall be licensed as such. Any person who shall sell soft drinks from a soda fountain is also classified as a retail merchant and shall be licensable as such, and for the purpose of measuring his license tax, his gross receipts shall be regarded as sales.
Services shall mean services purchased by a customer which do not have physical characteristics, or which are not goods, wares, or merchandise.
Treasurer shall mean the city treasurer.
Wholesaler or wholesale merchant shall mean any person or merchant who sells goods, wares or merchandise for resale by the purchaser, including sales when the goods, wares and merchandise will be incorporated into goods and services for sale. The term shall also include any person who sells goods, wares or merchandise to institutional, commercial, or industrial users; such sales generally are considered sales at wholesale, unless the quantity, price or other circumstances indicate that such sales constitute retail sales.
(10-7-96, § 1; 11-3-97(2), § 1; 12-7-98(1); 11-1-99(1); 6-19-00(2); 10-2-00; 9-16-02(1); 11-15-04(1), § 2; 12-18-06(1), § 1)
(a)
It shall be unlawful for any person to engage in any business, employment or profession within the city for which a license issuance fee or license tax is imposed by this chapter, without first obtaining a city business license and paying the required fee or tax.
(1)
Any corporate, partnership or limited liability company officer who willfully fails to pay, collect, or truthfully account for and pay over any license tax imposed by this chapter, or who willfully attempts in any manner to evade or defeat any such tax or the payment thereof, shall, in addition to other penalties provided by law, be liable for a penalty of the amount of the tax evaded or not paid, collected, or accumulated for and paid over, to be assessed and collected in the same manner as such taxes are assessed and collected.
(2)
The term "corporate, partnership or limited liability company officer" as used in this section means an officer or employee of a corporation, or a member, or employee of a partnership or member, manager or employee of a limited liability company who, as such officer, employee, member or manager, is under a duty to perform, on behalf of the corporation, partnership or limited liability company, the act in respect of which the violation occurs and who: (i) had actual knowledge of the failure or attempt as set forth herein, and (ii) had authority to prevent such failure or attempt.
(b)
No business license under this chapter shall be issued until the applicant has produced satisfactory evidence that all delinquent business license, personal property, meals, transient occupancy, severance and admissions taxes owed by the business to the city have been paid.
(1)
The city shall not deny a business license to any person, solely on the grounds that such person has failed to pay taxes, penalties and interest due to the city, as may be applicable, when and to the extent that such taxes, penalties and interest are the subject of a pending, bona fide: (i) application for correction of an assessment of taxes; (ii) appeal of a local tax, local business tax, or local license tax; or (iii) appeal by the city of a correction of assessment of local taxes.
(2)
Nothing in this subsection shall be construed to require the issuance by the city of any local vehicle license that has been withheld for non-payment of personal property taxes.
(c)
No business license under this chapter shall be issued to any property bail bondsman unless and until (i) prior to July 1, 2005, the applicant shall produce a certificate from the judge of the circuit court of the county or city in which he conducts the business of a property bail bondsman, or in which he desires to conduct such business (a license granted to a property bail bondsman in any such county or city shall authorize such person to enter into such bond(s) in any other county or city), or (ii) effective on or after July 1, 2005, the applicant shall produce a valid bail bondsman license issued by the department of criminal justice services; provided, however, that any bail bondsman who, prior to July 1, 2004 obtained the certificate referenced in (i), above, and such certificate and right to act as a property bail bondsman remains in full force and effect, such certificate shall be sufficient evidence of the state approval prerequisite to issuance of a city business license. No property bail bondsman or his agent shall enter into any bond or bonds within the city until he has obtained a city business license, as required by subsection (a), above, or unless he holds a valid business license issued by another city or county in which he engages in the business of property bail bonding. The failure of any property bail bondsman to comply with the requirements of this subsection shall constitute a Class 1 misdemeanor, and in addition to any criminal penalty to which it may be entitled, the city may revoke any business license issued by it to such person.
(d)
If any person shall commence to engage in any business, employment or profession licensable under this chapter without first obtaining such license, such person shall be guilty of a Class 1 misdemeanor. Such conviction thereof shall not relieve any such person from the payment of the license issuance fee or license tax prescribed by this chapter. Any person who commences to engage in any business, employment or professional licensable under this chapter, who fails to pay the required license issuance fee or license tax shall be subject to the penalties and interest specified in section 14-12 of this chapter, which shall be assessed and collected in the same manner as taxes are assessed and collected.
(e)
If the commissioner has knowledge of a violation of this section, it shall be his duty to cause the person in violation to be summoned before him to obtain the required license, or to cause such person to be summoned before the general district court to be tried for the violation, or both. The duty herein imposed on the commissioner shall not relieve the police force of the city from the general duty of enforcing the provisions of this chapter or any other ordinance of the city.
(10-7-96, § 1; 11-3-97(2), § 1; 11-1-99(1); 11-15-04(1), § 2)
(a)
No license issuance fee or license tax shall be imposed or levied:
(1)
On any public service corporation or any motor carrier, common carrier, or other carrier of passengers or property formerly certified by the Interstate Commerce Commission or presently registered for insurance purposes with the Surface Transportation Board of the United States Department of Transportation, Federal Highway Administration, except as provided in Section 58.1-3731, Code of Virginia (1950), as amended, or as permitted by other provisions of law;
(2)
For selling farm or domestic products or nursery products, ornamental or otherwise, or for the planting of nursery products, as an incident to the sale thereof, outside of the regular market houses and sheds of the city; provided that such products are grown or produced by the person offering such products for sale;
(3)
Upon the privilege or right of printing or publishing any newspaper, magazine, newsletter or other publication issued daily or regularly at average intervals not exceeding three (3) months, provided the publication's subscriptions sales are exempt from state sales tax, or for the privilege or right of operating or conducting any radio or television broadcasting station or service;
(4)
On a manufacturer for the privilege of manufacturing and selling goods, wares and merchandise at wholesale at the place of manufacture (without limiting or restricting the meaning of the term "manufacturing" as otherwise provided by law, "manufacturing" shall include the assembly of materials or components to produce a different product);
(5)
On a person engaged in the business of severing minerals from the earth for the privilege of selling the severed mineral at wholesale at the place of severance, except as provided in Virginia Code §§ 58.1-3712 and 58.1-3713;
(6)
Upon a wholesaler for the privilege of selling goods, wares and merchandise to other persons for resale unless such wholesaler has a definite place of business or store in the city; this subsection shall not be construed as prohibiting the city from imposing a local license issuance fee or license tax on a peddler at wholesale pursuant to Virginia Code § 58.1-3718.
(7)
Upon any person, firm or corporation for engaging in the business of renting, as the owner of such property, real property, other than hotels, motels, motor lodges, auto courts, tourist courts, travel trailer parks, lodging houses, rooming houses and boardinghouses; however, any county, city or town imposing such a license tax on January 1, 1974, shall not be precluded from the levy of such tax by the provisions of this subsection.
(8)
On total assessments paid by condominium unit owners for common expenses. "Common expenses" and "unit owner" shall have the same meanings as set forth within Virginia Code § 55-79.41.
(9)
On or measured by receipts for management, accounting, or administrative services provided on a group basis under a nonprofit cost-sharing agreement by a corporation which is an agricultural cooperative association under the provisions of § 13.1-312 et seq., Code of Virginia (1950), as amended, or a member or subsidiary or affiliated association thereof, or to other members of the same group; this exclusion shall not exempt any such corporation from such license or other tax measured by receipts from outside the group;
(10)
On or measured by receipts or purchases by an entity which is a member of an affiliated group of entities from other members of the same affiliated group; this exclusion shall not exempt affiliated entities from such license or other tax measured by receipts of purchases from outside the affiliated group; this exclusion also shall not preclude the city from levying a wholesale merchant's license issuance fee or license tax on an affiliated entity on those sales by the affiliated entity to a nonaffiliated entity, notwithstanding the fact that the wholesale merchant's license tax would be based upon purchases from an affiliated entity; such tax shall be based on the purchase price of the goods sold to the nonaffiliated entity. As used in this subsection the term "sales by the affiliated entity to a nonaffiliated entity" shall mean sales by the affiliated entity to a nonaffiliated entity where goods sold by the affiliated entity or its agent are manufactured or stored in the commonwealth prior to their delivery to the nonaffiliated entity.
(11)
On any insurance company subject to taxation under Virginia Code § 58.1-2500, et seq.
(12)
On any bank or trust company subject to taxation under Virginia Code § 58.1-1200, et seq., unless otherwise allowed by Virginia Code § 58.1-1200, et seq.
(13)
Upon a taxicab driver, if the city has imposed a license tax upon the taxicab company for which the taxicab driver operates.
(14)
On any blind person operating a vending stand or other business enterprise under the jurisdiction of the Virginia Department for the Visually Handicapped, or a nominee of the Department, as set forth in Virginia Code § 63.1-164.
(15)
[Reserved.]
(16)
On an accredited religious practitioner in the practice of the religious tenets of any church or religious denomination. "Accredited religious practitioner" shall be defined as one who is engaged solely in praying for others upon accreditation by such church or religious denomination.
(17)
On or measured by receipts of a charitable nonprofit organization except to the extent the organization has receipts from an unrelated trade or business, the income of which is taxable under Internal Revenue Code Section 511, et seq. For the purpose of this subsection, "charitable nonprofit organization" means an organization which is described in Internal Revenue Code Section 501(c)(3) and to which contributions are deductible by the contributor under Internal Revenue Code Section 170, except that educational institutions shall be limited to schools, colleges and other similar institutions of learning.
(18)
On or measured by gifts, contributions, and membership dues of a nonprofit organization. Activities conducted for consideration which are similar to activities conducted for consideration by for-profit businesses shall be presumed to be activities that are part of a business subject to licensure. For the purpose of this subsection, "nonprofit organization" means an organization exempt from federal income tax under Internal Revenue Code Section 501 other than charitable nonprofit organizations.
(19)
On any venture capital fund or other investment fund, except commissions and fees of such funds. However, gross receipts from the sale and rental of real estate and buildings remain taxable by the city provided the real estate is located in the city and provided the city is authorized to tax such business and rental of real estate.
(20)
On or measured by receipts of a qualifying transportation facility directly or indirectly owned or title to which is held by the Commonwealth or any political subdivision thereof or by the United States as described in Virginia Code § 58.1-3606.1 and developed and/or operated pursuant to a concession under the Public-Private Transportation Act of 1995 (§ 56-556 et seq.) or similar federal law.
(21)
In any case in which the Department of Mines, Minerals and Energy determines that the weekly U.S. Retail Gasoline price (regular grade) for the Petroleum Administration for Defense District—Lower Atlantic Region ("PADD 1C") has increased by twenty (20) percent or greater in any one-week period over the immediately preceding one-week period and does not fall below the increased rate for at least twenty-eight (28) consecutive days immediately following the week of such increase, then, notwithstanding any tax rate on retailers imposed by this chapter, the gross receipts taxes on fuel sales of a gas retailer made in the following license year shall not exceed one hundred ten (110) percent of the gross receipts taxes on fuel sales made by such retailer in the license year of such increase. The department of mines, minerals and energy shall determine annually if such increase has occurred and remained in effect for such twenty-eight-day period. For license years beginning on or after January 1, 2006, every gas retailer shall maintain separate records for fuel sales and nonfuel sales and shall make such records available upon request by the commissioner. The provisions of this subsection shall not apply to any person or entity (i) not conducting business as a gas retailer in the city for the entire license year immediately preceding the license year of such increase or (ii) that was subject to a license fee in the city for the license year immediately preceding the license year of such increase.
(10-7-96, § 1; 11-3-97(2), § 1; 6-19-00(2); 9-16-02(1); 12-18-06(1), § 1)
(a)
Where, before the expiration of the time prescribed for the assessment of any license tax imposed pursuant to this chapter, both the commissioner and the taxpayer have consented in writing to an extension allowing the assessment to be made after such time, the tax may be assessed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. This provision relating to agreements extending the period for assessing tax shall be effective for agreements entered into on and after July 1, 1996.
(b)
If the commissioner ascertains that any license issuance fee or license tax has not been assessed for the current license year or any of the three (3) preceding license years, or that the same has been assessed at less than the law requires, the commissioner shall assess the license issuance fee or license tax for such year or years at the rate or rates prescribed for that tax year or years, adding thereto penalty and interest. Interest may be computed upon the taxes and penalty from the first day following the due date in the year in which such taxes should have been paid and shall accrue thereon from such date until payment; provided, if such assessment was necessitated through no fault of the taxpayer, such penalty and interest shall accrue after thirty (30) days from such date of assessment until payment.
(c)
Notwithstanding Virginia Code § 58.1-3903, if the commissioner ascertains that because of a person's fraud or failure to apply for a license, any license issuance fee or license tax has not been assessed for the current license year or any of the six (6) preceding license years, or that the same has been assessed at less than the law requires, the commissioner shall assess the license issuance fee and license for such year or years at the rate or rates prescribed for that tax year or years. This subsection permitting a six-year reach back shall be construed to permit assessments of tax only for a license year beginning January 1, 1997, or thereafter.
(d)
Except as specified in instances of fraud or failure to apply in the preceding section, the period for collecting any local license issuance fee and license tax shall not expire: (i) prior to the period specified in Virginia Code § 58.1-3940, as amended, or (ii) two years after the final determination of an appeal for which collection has been stayed pursuant to section 19-32.1(b) or (d) of this chapter, or (iii) two years after the final decision in a court application pursuant to Virginia Code § 58.1-3984 or similar law for which collection has been stayed, whichever is later; or (iv) two years after the date of assessment if the period for assessment has been extended by agreement of the commissioner and the taxpayer.
(10-7-96, § 1; 11-3-97(2), § 1; 12-18-06(1), § 1)
(a)
Definitions. For purposes of this section:
Amount in dispute, when used with respect to taxes due or assessed, means the amount specifically identified in the administrative appeal or application for judicial review as disputed by the party filing such appeal or application.
Appealable event means an increase in the assessment of a local license tax payable by a taxpayer, the denial of a refund, or the assessment of a local license tax where none previously was assessed, arising out of the local assessing official's (i) examination of records, financial statements, books of account, or other information for the purpose of determining the correctness of an assessment; (ii) determination regarding the rate or classification applicable to the licensable business; (iii) assessment of a local license tax when no return has been filed by the taxpayer; or (iv) denial of an application for correction of erroneous assessment attendant to the filing of an amended application for license.
Frivolous means a finding, based on specific facts, that the party asserting the appeal is unlikely to prevail upon the merits because the appeal is (i) not well grounded in fact; (ii) not warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; (iii) interposed for an improper purpose, such as to harass, to cause unnecessary delay in the payment of tax or a refund, or to create needless cost from the litigation; or (iv) otherwise frivolous.
Jeopardize by delay means a finding, based on specific facts, that a taxpayer desires to (i) depart quickly from the locality; (ii) remove his property therefrom; (iii) conceal himself or his property; or (iv) do any other act tending to prejudice, or to render wholly or partially ineffectual, proceedings to collect the tax for the period in question.
(b)
Filing and contents of administrative appeal. Any person assessed with a local license tax as a result of an appealable event as defined in this section may file an administrative appeal of the assessment within one (1) year from the last day of the tax year for which such assessment is made, or within one (1) year from the date of the appealable event, whichever is later, with the commissioner of the revenue. The appeal must be filed in good faith and sufficiently identify the taxpayer, the tax periods covered by the challenged assessments, the amount in dispute, the remedy sought, each alleged error in the assessment, the grounds upon which the taxpayer relies, and any other facts relevant to the taxpayer's contention. The commissioner of revenue may hold a conference with the taxpayer if requested by the taxpayer, or require submission of additional information and documents, an audit or further audit, or other evidence deemed necessary for a proper and equitable determination of the appeal. The assessment placed at issue in the appeal shall be deemed prima facie correct. The commissioner of revenue shall undertake a full review of the taxpayer's claims and issue a written determination to the taxpayer setting forth the facts and arguments in support of his decision.
(c)
Notice of right of appeal and procedures. Every assessment made by a commissioner of the revenue pursuant to an appealable event shall include or be accompanied by a written explanation of the taxpayer's right to file an administrative appeal and the specific procedures to be followed in the jurisdiction, the name and address to which the appeal should be directed, an explanation of the required content of the appeal, and the deadline for filing the appeal.
(d)
Suspension of collection activity during appeal. Provided a timely and complete administrative appeal is filed, collection activity with respect to the amount in dispute shall be suspended until a final determination is issued by the commissioner of the revenue, unless the treasurer (i) determines that collection would be jeopardized by delay as defined in this section; (ii) is advised by the commissioner of the revenue that the taxpayer has not responded to a request for relevant information after a reasonable time; or (iii) is advised by the commissioner of the revenue that the appeal is frivolous as defined in this section. Interest shall accrue in accordance with the provisions of City Code section 14-12, but no further penalty shall be imposed while collection action is suspended.
(e)
Procedure in event of nondecision. Any taxpayer whose administrative appeal to the commissioner of the revenue has been pending for more than one (1) year without the issuance of a final determination may, upon not less than thirty (30) days' written notice to the commissioner of the revenue, elect to treat the appeal as denied and appeal the assessment to the tax commissioner. The tax commissioner shall not consider an appeal filed pursuant to the provisions of this subsection if he finds that the absence of a final determination on the part of the commissioner of the revenue was caused by the willful failure or refusal of the taxpayer to provide information requested and reasonably needed by the commissioner of revenue to make his determination.
(f)
Administrative appeal to the tax commissioner.
(1)
Any person assessed with a local license tax as a result of a determination, upon an administrative appeal to the commissioner of the revenue pursuant to this subsection, that is adverse to the position asserted by the taxpayer in such appeal, may appeal such assessment to the tax commissioner within ninety (90) days of the date of the determination by the commissioner of the revenue. The appeal shall be in such form as the tax commissioner may prescribe and the taxpayer shall serve a copy of the appeal upon the commissioner of the revenue. The tax commissioner shall permit the commissioner of the revenue to participate in the proceedings, and shall issue a determination to the taxpayer within ninety (90) days of receipt of the taxpayer's application, unless the taxpayer and the commissioner of revenue are notified that a longer period will be required. The appeal shall proceed in the same manner as an application pursuant to Virginia Code § 58.1-1821, and the Tax Commissioner may issue an order correcting such assessment pursuant to Virginia Code § 58.1-1822.
(2)
Suspension of collection activity during appeal. On receipt of a notice of intent to file an appeal to the tax commissioner, collection activity with respect to the amount in dispute shall be suspended until a final determination is issued by the tax commissioner, unless the treasurer (i) determines that collection would be jeopardized by delay as defined in this section; (ii) is advised by the commissioner of the revenue or the tax commissioner that the taxpayer has not responded to a request for relevant information after a reasonable time; or (iii) is advised by the commissioner of the revenue that the appeal is frivolous as defined in this section. Interest shall accrue in accordance with the provisions of City Code section 14-12, but no further penalty shall be imposed while collection action is suspended. The requirement that collection activity be suspended shall cease unless a judicial appeal is filed and served on the necessary parties within thirty (30) days of the service of notice of intent to file such appeal.
(3)
Implementation of determination of tax commissioner. Promptly upon receipt of the final determination of the tax commissioner, the commissioner of the revenue shall take those steps necessary to calculate the amount of tax owed by or refund due to the taxpayer consistent with the tax commissioner's determination and shall provide that information to the taxpayer and to the treasurer or other official responsible for collection in accordance with the provisions of this subdivision. If the determination of the tax commissioner sets forth a specific amount of tax due, the commissioner of the revenue shall certify the amount to the treasurer or other official responsible for collection, and the treasurer or other official responsible for collection shall issue a bill to the taxpayer for such amount due, together with interest accrued and penalty, if any is authorized, within thirty (30) days of the date of the determination of the tax commissioner. If the determination of the tax commissioner sets forth a specific amount of refund due, the commissioner of the revenue shall certify the amount to the treasurer or other official responsible for collection, and the treasurer or other official responsible for collection shall issue a payment to the taxpayer for such amount due, together with accrued interest, within thirty (30) days of the date of the determination of the tax commissioner. If the determination of the tax commissioner does not set forth a specific amount of tax due, or otherwise requires the commissioner of the revenue to undertake a new or revised assessment that will result in an obligation to pay a tax that has not previously been paid in full, the commissioner of the revenue shall promptly commence the steps necessary to undertake such new or revised assessment, and provide the same to the taxpayer within sixty (60) days of the date of the determination of the tax commissioner, or within sixty (60) days after receipt from the taxpayer of any additional information requested or reasonably required under the determination of the tax commissioner, whichever is later. The commissioner of the revenue shall certify the new assessment to the treasurer or other official responsible for collection, and the treasurer or other official responsible for collection shall issue a bill to the taxpayer for the amount due, together with interest accrued and penalty, if any is authorized, within thirty (30) days of the date of the new assessment. If the determination of the tax commissioner does not set forth a specific amount of refund due, or otherwise requires the commissioner of the revenue to undertake a new or revised assessment that will result in an obligation on the part of the locality to make a refund of taxes previously paid, the commissioner of the revenue shall promptly commence the steps necessary to undertake such new or revised assessment, and provide the same to the taxpayer within sixty (60) days of the date of the determination of the tax commissioner, or within sixty (60) days after receipt from the taxpayer of any additional information requested or reasonably required under the determination of the tax commissioner, whichever is later. The commissioner of the revenue shall certify the new assessment to the treasurer or other official responsible for collection, and the treasurer or other official responsible for collection shall issue a refund to the taxpayer for the amount of tax due, together with accrued interest, within thirty (30) days of the date of the new assessment.
(g)
Review of determination of tax commissioner.
(1)
Judicial review. Following the issuance of a final determination of the tax commissioner, the taxpayer or commissioner of the revenue apply to the city's circuit court for judicial review of the determination, or any part thereof, pursuant to Virginia Code § 58.1-3984. In any such proceeding for judicial review of a determination of the tax commissioner, the burden shall be on the party challenging the determination of the tax commissioner, or any part thereof, to show that the ruling of the tax commissioner is erroneous with respect to the part challenged. Neither the tax commissioner nor the department of taxation shall be made a party to an application to correct an assessment merely because the tax commissioner has ruled on it.
(2)
Suspension of payment of disputed amount of tax due upon taxpayer's notice of intent to initiate judicial review. Upon receipt of a notice of intent to file an application for judicial review of a determination of the tax commissioner, and upon payment of the amount of the tax that is not in dispute together with any penalty and interest then due with respect to such undisputed portion of the tax, the treasurer or other collection official shall further suspend collection activity while the court retains jurisdiction unless the court, upon appropriate motion after notice and an opportunity to be heard, determines that (i) the taxpayer's application for judicial review is frivolous, as defined in this section; (ii) collection would be jeopardized by delay, as defined in this section; or (iii) suspension of collection would cause substantial economic hardship to the locality. For purposes of determining whether substantial economic hardship to the locality would arise from a suspension of collection activity, the court shall consider the cumulative effect of then-pending appeals filed within the locality by different taxpayers that allege common claims or theories of relief. Upon a determination that the appeal is frivolous, that collection may be jeopardized by delay, or that suspension of collection would result in substantial economic hardship to the locality, the court may require the taxpayer to pay the amount in dispute or a portion thereof, or to provide surety for payment of the amount in dispute in a form acceptable to the court. No suspension of collection activity shall be required if the application for judicial review fails to identify with particularity the amount in dispute. The requirement that collection activity be suspended shall cease unless an application for judicial review is filed and served on the necessary parties within thirty (30) days of the service of the notice of intent to file such application. The suspension of collection activity authorized by this subdivision shall not be applicable to any appeal of a local license tax that is initiated by the direct filing of an action pursuant to Virginia Code § 58.1-3984 without prior exhaustion of administrative appeals provided by this section.
(3)
Suspension of payment of disputed amount of refund due upon locality's notice of intent to initiate judicial review. Payment of any refund determined to be due pursuant to the determination of the tax commissioner shall be suspended if the locality assessing the tax serves upon the taxpayer, within sixty (60) days of the date of the determination of the tax commissioner, a notice of intent to file an application for judicial review of the tax commissioner's determination pursuant to Virginia Code § 58.1-3984 and pays the amount of the refund not in dispute, including tax and accrued interest. Payment of such refund shall remain suspended while the court retains jurisdiction unless the court, upon appropriate motion after notice and an opportunity to be heard, determines that the locality's application for judicial review is frivolous, as defined in this section. No suspension of refund activity shall be permitted if the locality's application for judicial review fails to identify with particularity the amount in dispute. The suspension of the obligation to make a refund shall cease unless an application for judicial review pursuant to Virginia Code § 58.1-3984 is filed and served on the necessary parties within thirty (30) days of the service of the notice of intent to file such application. Interest shall accrue in accordance with the provisions of City Code section 14-12, but no further penalty shall be imposed while collection action is suspended.
(h)
Rulings. Any taxpayer or authorized representative of a taxpayer may request a written ruling regarding the application of a local license tax to a specific situation from the commissioner of the revenue. Any person requesting such a ruling must provide all facts relevant to the situation placed at issue and may present a rationale for the basis of an interpretation of the law most favorable to the taxpayer. Any misrepresentation or change in the applicable law or the factual situation as presented in the ruling request shall invalidate any such ruling issued. A written ruling may be revoked or amended prospectively if (i) there is a change in the law, a court decision, or the guidelines issued by the department of taxation upon which the ruling was based or (ii) the commissioner of revenue notifies the taxpayer of a change in the policy or interpretation upon which the ruling was based. However, any person who acts on a written ruling which later becomes invalid shall be deemed to have acted in good faith during the period in which such ruling was in effect.
(i)
Record-keeping and audits. Every person who is assessable with a local license tax shall keep sufficient records to enable the assessor to verify the correctness of the tax paid for the license years assessable and to enable the commissioner of revenue to ascertain what is the correct amount of tax that was assessable for each of those years. All such records, books of accounts and other information shall be open to inspection and examination by the commissioner of revenue in order to allow the commissioner to establish whether a particular receipt is directly attributable to the taxable privilege exercised within this jurisdiction. The commissioner of revenue shall provide the taxpayer with the option to conduct the audit in the taxpayer's local business office, if the records are maintained there. In the event the records are maintained outside this jurisdiction, copies of the appropriate books and records shall be sent to the commissioner's office upon demand.
(10-7-96, § 1; 11-3-97(2), § 1; 6-19-00(2); 9-16-02(1); 1-5-04(1), § 1; 11-15-04(1), § 2; 11-7-05(1), § 1)
(a)
Whenever the tax imposed by this chapter is measured by gross receipts, the gross receipts included in the taxable measure shall be only those gross receipts attributed to the exercise of a privilege subject to license at a definite place of business within the city. In the case of activities conducted outside of a definite place of business, such as during a visit to a customer location, the gross receipts shall be attributed to the definite place of business from which such activities are initiated, directed or controlled. The situs of gross receipts for different classifications of business shall be attributed to one (1) or more definite places of business or offices as follows:
(1)
The gross receipts of a contractor shall be attributed to the definite place of business at which his services are performed, or if his services are not performed at any definite place of business, then the definite place of business from which his services are directed or controlled, unless the contractor is subject to the provisions of Virginia Code Section 58.1-3715, as amended;
(2)
The gross receipts of a retailer or wholesaler shall be attributed to the definite place of business at which sales solicitation activities occur, or if sales solicitation activities do not occur at any definite place of business, then the definite place of business from which sales solicitation activities are directed or controlled; however, a wholesaler or distribution house subject to a license tax measured by purchases shall determine the situs of its purchases by the definite place of business at which or from which deliveries of the purchased goods, wares and merchandise are made to customers. Any wholesaler who is subject to license tax in the city and in another locality or other localities and who is subject to multiple taxation because the localities use different measures, may apply to the Virginia Department of Taxation for a determination as to the proper measure of purchases and gross receipts subject to license tax in each locality.
(3)
The gross receipts of a business renting tangible personal property shall be attributed to the definite place of business from which the tangible personal property is rented or if the property is not rented from any definite place of business, then to the definite place of business at which the rental of such property is managed; and
(4)
The gross receipts from the performance of services shall be attributed to the definite place of business at which the services are performed or, if not performed at any definite place of business, then to the definite place of business from which the services are directed or controlled.
(10-7-96, § 1; 11-3-97(2), § 1)
(a)
If a licensee has more than one (1) definite place of business and it is impractical or impossible to determine to which definite place of business gross receipts should be attributed under the general rule, the gross receipts of the business shall be apportioned between the definite places of businesses on the basis of payroll. Gross receipts shall not be apportioned to a definite place of business unless some activities under the application general rule occurred at, or were controlled from, such definite place of business. Gross receipts attributable to a definite place of business outside of the city shall not be attributed to the city solely because the other jurisdiction does not impose a tax on the gross receipts attributable to the definite place of business in such other jurisdiction.
(b)
The commissioner may enter into agreements with any other political subdivision of Virginia concerning the manner in which gross receipts shall be apportioned among definite places of business. However, the sum of the gross receipts apportioned by the agreement shall not exceed the total gross receipts attributable to all of the definite places of business affected by the agreement. Upon being notified by a taxpayer that its method of attributing gross receipts is fundamentally inconsistent with the method of one (1) or more political subdivisions in which the taxpayer is licensed to engage in business and that the difference has, or is likely to, result in taxes on more than one hundred (100) percent of its gross receipts from all locations in the affected jurisdictions, the commissioner shall make a good faith effort to reach an apportionment agreement with the other political subdivisions involved. If an agreement cannot be reached, either the Commissioner or taxpayer may seek an advisory opinion from the Virginia Department of Taxation pursuant to Virginia Code § 58.1-3701. Notice of the request shall be given to the other party. Notwithstanding the provisions of Virginia Code § 58.1-3993, when a taxpayer has demonstrated to a court that two (2) or more political subdivisions of Virginia have assessed taxes on gross receipts that may create a double assessment within the meaning of Virginia Code § 58.1-3986, the court shall enter such orders pending resolution of the litigation as may be necessary to ensure that the taxpayer is not required to pay multiple assessments even though it is not then known which assessment is correct and which is erroneous.
(10-7-96, § 1; 11-3-97(2), § 1)
(a)
The commissioner of the revenue shall designate some person in his office to act as license inspector of the city, and may designate such other persons in his office to act as deputy license inspectors as he may deem necessary and proper. The license inspector and all deputy license inspectors shall at all times be under the supervision and control of the commissioner of revenue.
(b)
The license inspector and deputy license inspectors shall ascertain the name of each person engaged in conducting any business, occupation, profession or other activity in the city without having obtained a license therefor pursuant to this chapter.
(c)
The license inspector and deputy license inspectors shall have the power and right, at all reasonable times, to examine the books and records of any taxpayer liable for taxes assessable under this chapter, with respect to the possible liability of any person using the facilities of such taxpayer, as well as with respect to the liability of the taxpayer whose books and records are so examined.
(d)
The license inspector is authorized and empowered to summons any person before him, in the office of the commissioner, and require the production of any or all of such persons' records, books and papers relevant to the matter under investigation. The license inspector is authorized and empowered to make other investigations and audits of the records, books and papers of such person, as the license inspector shall deem proper in order to accurately determine the proper return to be made by such person. If it shall appear that purchases, sales, amount of business or other matters pertinent to the assessment have been incorrectly reported or returned or underestimated, the license inspector and auditor shall make a report to the commissioner who, if he is satisfied that such person has made an incorrect report or return or an underestimate, shall assess such person with the proper city license tax and with such penalty as may be provided for in this chapter.
(e)
Any person who refuses to (i) furnish to the commissioner of revenue or his designated inspector access to books of account or other papers and records, (ii) furnish information to the commissioner of revenue or his designated inspector relating to the assessment of taxes, (iii) answer under oath questions touching any person's tax liability, or (iv) exhibit to the commissioner of revenue or his designated inspector any subject of taxation liable to assessment by the commissioner of revenue, shall be deemed guilty of a Class 3 misdemeanor. Each day's refusal to furnish such access or information shall constitute a separate offense. No person other than the taxpayer shall be convicted hereunder, unless such person has willfully failed to comply with a summons properly issued under Virginia Code § 58.1-3110.
(10-7-96, § 1; 9-16-02(1))
(a)
A separate license shall be required for each definite place of business and for each business. A person engaged in two (2) or more businesses or professions carried on at the same place of business may elect to obtain one (1) license for all such businesses and professions if all of the following criteria are satisfied:
(1)
Each business or profession is subject to licensure at the location and has satisfied any requirements imposed by state law or other provisions of the Code of the City of Charlottesville;
(2)
All of the businesses or professions are subject to the same tax rate, or, if subject to different tax rates, the licensee agrees to be taxed on all businesses and professions at the highest rate; and
(3)
The licensee agrees to supply such information as the commissioner may require concerning the nature of the several businesses and their gross receipts.
(10-7-96, § 1; 11-3-97(2), § 1)
(a)
Every person shall apply for a license for each business or profession when engaging in a business in the city if (i) the person has a definite place of business in the city; (ii) there is no definite place of business anywhere and the person resides in the city; (iii) there is no definite place of business in the city but the person operates amusement machines or is classified as an itinerant merchant, peddler, carnival, or circus, a contractor subject to Virginia Code § 58.1-3715, as amended, or a public service corporation; or (iv) when any person shall, by use of signs, circulars, cards or use of city newspapers or local radio or televisions stations, advertise any business, it shall be considered prima facie evidence of his liability under this chapter, and he shall be required to take out a license for such business.
(b)
Such application shall be written and delivered to the commissioner and shall state the residence of the applicant, the nature and proposed location of the business or profession. Such application shall be upon such form as may be prescribed by the commissioner of revenue. The commissioner shall keep such application on file in his office. Every underestimate or overestimate under this section shall be subject to correction by the commissioner, whose duty it shall be to review all estimated license taxes or issuance fees and assess any additional license taxes or fees as may be found to be due after the close of the license year on the basis of true sales, purchases, gross receipts or commissions. Any taxpayer who has overestimated shall be entitled to a refund of the amount overestimated.
(c)
The commissioner of revenue shall not knowingly issue a license for conducting any business, profession, trade or occupation at a location where the conduct of such business, profession, trade or occupation is prohibited by Chapter 34 of this Code.
(d)
Any person who is both a wholesale merchant and a retail merchant is hereby required to obtain both classes of licenses; provided, however, that any retail merchant who desires to do a wholesale business also may elect to do such wholesale business under his retailer's license, by paying license taxes under such articles as a retailer on both his retail business and his wholesale business: but this proviso shall not apply to any retail merchant the greater part of whose business at the licensed place during the next preceding year was wholesale, nor to a beginner the greater part of whose business is estimated will be wholesale for the period covered by the license.
(e)
Every person liable for a license issuance fee or license tax which, under this chapter, is based upon the amount of his actual or probable purchases, sales or commissions, or of the gross receipts from his business or profession, or graded in any other way shall, before he is granted such license, be required to make oath in writing before some notary public, not himself a state or city officer or directly or indirectly employed by such officer, or before the commissioner of revenue, upon forms furnished, showing the amount of his actual or probable purchases, sales or commissions, or of the gross receipts from his business or profession, or of the fair value of articles manufactured, processed or produced, or any other matter that may be pertinent to the assessment of the tax on such license. In the case of a corporation, such oath shall be made by the chief officer or agent resident in the city or in charge of the business, and in the case of an unincorporated firm, by any member thereof. The form of such oath shall be such that the application and oath shall be separately made and signed.
(f)
No license issued under this chapter shall be transferred from any person to another person, except for the continuation of the same business at the same location for which the license was originally issued. The fee for such transfer shall be five dollars ($5.00).
(g)
If any person shall make any false statement in any application or affidavit required by this section, he shall be guilty of a violation of this chapter.
(10-7-96, § 1; 11-3-97(2), § 1)
(a)
Each person subject to a license issuance fee or license tax shall apply for a license prior to beginning business if he was not subject to licensure in the city on or before January 1 of the license year, or no later than March 1 of the license year if he had been issued a license for the preceding year. The application shall be on forms prescribed by the commissioner.
(b)
The commissioner may grant an extension of time in which to file an application for a license, for reasonable cause not to exceed ninety (90) days. Any such extension shall be conditioned upon the timely payment of a reasonable estimate of the appropriate issuance fee and tax. The amount paid is then subject to adjustment at the end of the extension, together with interest from the due date until the date paid and, if the estimate submitted with the extension is found to be unreasonable under the circumstances, with a penalty of ten (10) percent of the portion paid after the due date.
(c)
All license issuance fees and license taxes imposed by this chapter shall be due and payable on or before March 1st of each license year, unless otherwise expressly provided. The tax shall be paid with the application in the case of any license not based on gross receipts. If the tax is measured by the gross receipts of the business, the tax shall be paid on or before March 1 or thirty (30) days after beginning business.
(d)
If the amount owed is not paid by the appropriate due date as set forth above, a penalty of ten (10) percent of the amount owed shall be imposed. In the case of an assessment of additional tax made by the commissioner, if the application, and if applicable the return, were made in good faith and the understatement of the tax was not due to any fraud, reckless or intentional disregard of the law by the taxpayer, there shall be no late payment penalty assessed with the additional tax. If any assessment of issuance fee or tax by the commissioner is not paid within thirty (30) days, the commissioner of revenue shall impose a ten (10) percent late payment penalty. If the failure to file and pay was not the fault of the taxpayer, the penalty shall not be imposed, or if imposed, shall be abated by the commissioner. In order to demonstrate lack of fault, the taxpayer must show that he acted responsibly and that the failure was due to events beyond his control. Only the late filing penalty shall be imposed by the commissioner if both the application and payment are late; however, both penalties may be assessed if the commissioner determines that the taxpayer has a history of noncompliance.
(e)
Interest at the rate of eight (8) percent per annum shall be charged on the late payment of the license issuance fee and license tax, commencing the first day following the day such taxes are due until the date paid in full, without regard to fault or other reason for the late payment.
(f)
Wherever an assessment of additional or omitted tax by the commissioner is found to be erroneous as a result of a final decision in an appeal taken pursuant to section 14-6, a refund shall be made to the taxpayer, consisting of the amount(s) erroneously assessed as well as all interest and any penalties charged and collected on the amount which was erroneously assessed. Interest shall be paid on such refund from the date of payment or due date, whichever is later, at the rate of eight (8) percent per annum. No interest shall be required to be paid on any such refund, if the amount of the refund is ten dollars ($10.00) or less.
(g)
Interest shall be paid on the refund of any tax from the date of payment or due date, whichever is later, whether attributable to an amended return or other reason; however, no interest shall accrue on an adjustment of estimated tax liability to actual liability at the conclusion of a base year, and no interest shall be paid on a refund or charged on a late payment, provided the refund or the late payment is made not more than thirty (30) days from the date of the payment that created the refund or the due date of the tax, whichever is later.
(h)
The provisions of this section relating to penalties and interest shall be applicable to assessments made on and after January 1, 1997, even if for an earlier license year.
(10-7-96, § 1; 11-3-97(2), § 1; 6-19-00(2)); 6-19-00(2); 9-16-02(1); 12-18-06(1), § 1)
(a)
Unless otherwise expressly provided in this chapter, all licenses shall be deemed to be issued for the current license year. No license issuance fee or license tax imposed by this chapter shall, upon issuance, be subject to proration for any portion of a license year, unless it be herein provided to the contrary.
(b)
The foregoing notwithstanding, for the 1997 license year only proration will be allowed for those persons who held a valid business license and paid taxes for such license for the tax year which began May 1, 1996. Those persons will be entitled to receive a .3333 or thirty-three and one-third (33 1/3 ) percent reduction in the amount owed in issuance fee and license tax for the twelve-month tax year beginning January 1, 1997. This transition provision is required on a one-time basis to avoid double taxation for the first four (4) months of 1997.
(c)
For the purpose of ascertaining the tax to be paid by every person beginning business whose license tax is based on sales, purchases, gross receipts or commissions, the license shall be based on the estimated amount of sales, purchases, gross receipts or commissions which will be made during the balance of the license year. Every underestimate or overestimate under this section shall be subject to correction by the commissioner of revenue, whose duty it shall be to review all estimated licenses and assess any additional licenses as may be found to be due after the close of the license year on the basis of true sales, purchases, gross receipts or commissions. Any taxpayer who has overestimated shall be entitled to a refund or credit of the amount so overestimated.
(d)
Licenses granted pursuant to this chapter shall be prorated only as follows:
(1)
Any business which has ceased permanently to do business within the city, the licensee shall be entitled to a refund, upon proper application, for the number of full months remaining in the license year after termination of operation. Businesses desiring such refunds, or their representatives, shall make application to the commissioner of revenue. The commissioner shall certify the amount of refund due to the treasurer and director of finance, who are authorized to pay such refunds from the current unappropriated balance of the general fund, without further appropriation by city council. No such refund shall be allowed unless application is made within two (2) years of the date the business ceased operation.
(2)
In the case of an annual issuance fee which is based on a flat rate rather than on gross receipts, such license shall, upon proper application, be prorated on a quarterly basis when the initial license for such business is being acquired with the applicant for such license being charged the fee for each unexpired quarter, or fractional part thereof, of the license year.
(10-7-96, § 1; 11-3-97(2), § 1)
(a)
Every person who is assessable with a local license issuance fee or license tax shall keep sufficient records to enable the commissioner to verify the correctness of the tax paid for the license years assessable and to enable the commissioner to ascertain the correct amount of tax that was assessable for each of those years. Those records shall include, but not be limited to, all invoices, records of all purchases and from whom made, records of all sales, records for all commissions, gross receipts, contracts and orders accepted and from whom received and with whom made, records of all sales, commissions, costs, receipts, contracts or orders accepted, and general books of account. All such records, books of accounts and other information shall be open to inspection and examination by the commissioner, license inspector and auditor, and deputy license inspector, to ascertain the correct amount of the tax that was assessable for each of those years and to make certain that all requirements of this chapter are met.
(b)
The commissioner shall provide the licensee with the option to conduct the audit in the taxpayer's local business office, if records are maintained there. In the event records are maintained outside the city, copies of the appropriate books and records shall be sent to the commissioner's office upon demand.
(c)
Whenever it comes to the knowledge of the commissioner that a person liable for a license issuance fee or license tax has not kept, or is not keeping and preserving the records herein provided for, the commissioner shall proceed to estimate the gross receipts of such person and assess such person with the license issuance fee or license tax provided by this chapter upon the business so estimated and, in addition, shall assess the penalty hereinafter provided for.
(d)
Every person who shall fail or refuse to keep the records required by this section shall pay a penalty of fifty dollars ($50.00). Any person who shall continue to violate the provisions of this section requiring such records to be kept, after written notice from the commissioner, shall be subject to a further penalty of fifty dollars ($50.00) for each month such violation shall continue after the giving of such notice.
(10-7-96, § 1; 11-3-97(2), § 1)
(a)
Except as otherwise provided herein, there shall be assessed and collected by the commissioner a license tax, at the rates and/or in the amounts specified herein following, with respect to each business for which a license is required by this chapter, except that no license tax shall be assessed and collected from any person whose gross receipts from a business subject to licensure are one hundred thousand dollars ($100,000.00) or less.
(b)
There shall be assessed and collected by the commissioner, with respect to each business for which a license is required, a thirty-five dollar ($35.00) issuance fee for businesses with gross receipts not exceeding fifty thousand dollars ($50,000.00), or a fifty dollar ($50.00) issuance fee for businesses with gross receipts more than fifty thousand dollars ($50,000.00) but not exceeding one hundred thousand dollars ($100,000.00), except that:
(1)
No license issuance fee shall be assessed and collected from any person whose gross receipts from a business subject to licensure are more than one hundred thousand dollars ($100,000.00), and
(2)
No license issuance fee shall be assessed and collected with respect to a business activity subject to a flat license tax (one not based upon gross receipts) pursuant to this chapter, and
(3)
No license issuance fee shall be assessed and collected from any person whose business is not assessable with such license fee pursuant to the provisions of § 58.1-3703(c) of the Virginia Code.
(10-7-96, § 1; 11-3-97(2), § 1; 3-20-17, § 1)
(a)
Any person engaging in any of the businesses hereinafter set forth on a contract basis or on such person's own account for sale is deemed a contractor or speculative builder and shall obtain a city business license for that activity. Such business activity is hereby classified as a Class I business for license tax purposes. The rate set forth shall be sixteen cents ($0.16) per one hundred dollars ($100.00) of gross receipts. For the purpose of license taxation the term "contractor" shall mean any person:
(1)
Accepting or offering to accept orders or contracts for doing any work on or in any building or structure requiring the use of paint, stone, brick, mortar, wood, cement, structural iron or steel, sheet iron, galvanized iron, metallic piping, tin, lead, other metals, or any other building material; and
(2)
Accepting or offering to accept contracts to do any paving, curbing or other work on sidewalks, streets, alleys, or highways, or public or private property, using asphalt, brick, stone, cement, concrete, wood or any composition; and
(3)
Accepting or offering to accept an order for or contract to excavate earth, rock or other material for foundation or any other purpose or for cutting of stone, brick, terra cotta or other material; and
(4)
Accepting or offering to accept an order or contract to construct any sewer of stone, brick, terra cotta or other material; and
(5)
Accepting or offering to accept orders or contracts for doing any work on or in any building or premises involving the erecting, installing, altering, repairing, servicing or maintaining electric wiring, devices or appliances permanently connected to such wiring, or the erecting, repairing or maintaining of lines for the transmission or distribution of electric light and power; and
(6)
Engaging in the business of plumbing and steam fitting.
The following types of businesses, among others, shall be considered part of this class: air conditioning, brick, stone and other masonry, building and carpentry, concrete and cement construction, dredging, electrical contracting, elevator installation, erecting and painting signs assessed as realty, floor sanding and finishing, foundation installation, grading, earth moving and excavation, housing moving, landscaping installation, painting and wallpapering, plastering and drywall installation, plumbing, heating and steamfitting, refrigeration, road, street or sidewalk paving and utility construction, roofing, sewer drilling and well digging, structural metal work, tile, glass, flooring and floor covering installation; and wrecking, demolition and removal.
(b)
No person engaged in business as a contractor who is also engaged in the business of speculative building, for which a license tax would be otherwise prescribed, shall be liable for a separate license. However, such persons shall include in gross receipts all of the costs of erecting the speculative buildings exclusive of the value of the land.
(c)
When a contractor's principal office is outside the city, and such contractor has no branch office within the city, and where such contractor has paid any local license tax required by the county, city or town in which his principal office and any branch office or offices may be located, no further license or license tax shall be required by the city; however, when the amount of business done by any such contractor in the city exceeds the sum of twenty-five thousand dollars ($25,000.00) in any license year, such contractor shall be required to obtain a city business license and to pay the business license tax imposed by the city. The amount of business done in the city may be deducted by the contractor from the gross revenue reported to the locality in which the principal office or any branch office of the contractor is located.
(1)
A contractor whose principal office is outside the city and who accepts contracts to be performed in the city, the completion of which would extend over a period of more than one (1) license year, shall be treated in the same manner as a beginner, and shall be required to file an estimate of the amount of gross receipts he will receive from such contracts during each year in which the contractor does business in the city. These estimates shall be subject to correction and adjustment at the end of each year by the commissioner of revenue in the same manner as adjustments are made for beginners' licenses under section 14-13.
(2)
Any contractor conducting business in the city for less than thirty (30) days, without a definite place of business in the city, shall be required to obtain a city business license and to pay the business license tax imposed by the city, if the amount of business done by the contractor in the city exceeds or will exceed the sum of twenty-five thousand dollars ($25,000.00) for the license year.
(d)
Every contractor who proposes to do work in the city, for which a permit must be obtained from the building official of the city, shall, upon making application for such permit, furnish that official and the commissioner of revenue a list of all his subcontractors. In the event any or all of such subcontracts have not been awarded at that time, the contractor shall furnish such list in writing to such officials immediately upon the awarding of such subcontracts, and shall not allow the work under any subcontract to proceed until the subcontractor shall have obtained the necessary city licenses for the then current year.
(e)
No business license shall be issued to any contractor who (i) has not obtained or is not maintaining workers' compensation coverage for his employees and (ii) at the time of application for the issuance or re-issuance of a business license is required to obtain or maintain such coverage pursuant to Chapter 8 (§ 65.2-800 et seq.) of Title 65.2 of the Code of Virginia (1950), as amended. At the time a contractor makes application for a business license he shall provide written certification that he is in compliance with the provisions of Chapter 8 of Title 65.2 and that he will remain in compliance with such provisions at all times during the effective period of any such business license. The contractor's signed certification will be forwarded to the Virginia Worker's Compensation Commission. Any person who knowingly presents or causes to be presented to the city a false certificate shall be guilty of a Class 3 misdemeanor.
(10-7-96, § 1; 11-3-97(2), § 1; 12-7-98(1); 11-1-99(1))
(a)
Generally. Any person defined as a "Retail merchant" in this chapter is classified as a Class II business for license tax purposes. Such persons shall pay an annual license tax at the rates hereinafter set forth.
(b)
Subclassification A. Retail merchants shall obtain a city business license and shall pay an annual license tax at the rate of twenty cents ($0.20) per hundred dollars ($100.00) of gross receipts. This subclassification shall include, but not be limited to:
(1)
General retailers, including short-term rental businesses, as defined in section 30-316 of this Code.
(2)
Junk dealers.
(3)
Opticians.
(4)
Restaurants.
The commissioner shall not issue a business license for a restaurant until the owner or operator has presented a valid permit from the health department, issued pursuant to Code of Virginia, Chapter 3 of Title 35.1.
(c)
Subclassification B. The following types of businesses shall obtain a city business license and shall pay an annual license tax at the rate of twenty cents ($0.20) per hundred dollars ($100.00) of gross receipts:
(1)
Bakeries.
(2)
Printers.
(3)
Motor vehicle dealers. A motor vehicle dealer may separately state the amount of tax applicable to each sale of a motor vehicle and add such tax to the sales price of the motor vehicle. It shall be unlawful for a motor vehicle dealer to collect an amount stated separately as such if such dealer knows the amount to be greater than the tax applicable to such sale. The failure of such merchant to recover the tax from the purchaser shall not relieve such merchant from the obligation to pay the tax to the city. The city may assess gross receipts taxes on a quarterly basis to such motor vehicle dealers during the year such receipts are earned. A motor vehicle dealer who collects excess business license tax shall exercise due diligence to refund such tax, in excess of one dollar ($1.00), to the purchaser within one hundred twenty (120) days of discovering such overpayment, and such dealer shall produce evidence of such refund to the commissioner of the revenue upon request. Any amounts that are not refunded to purchasers shall be remitted to the commissioner of the revenue. During a three-year period after receipt of such amounts by the commissioner of revenue, purchasers who produce documentation verifying such overpayments to the commissioner of the revenue and the treasurer, as the term is defined in Virginia Code § 58.1-3123, shall be entitled to a refund of such overpayment. At the expiration of this three-year period, the commissioner of the revenue shall consider these funds as additional business license tax. The city may recover from the motor vehicle dealer its costs of mailing, printing and other reasonably necessary administrative costs related to refunding such amounts to purchasers.
(d)
Subclassification C: Peddlers - Generally. Any person who carries from place to place any goods, wares or merchandise and offers to sell or barter or actually sells or barters and at the time of such sale, or exposure for sale delivers or offers to deliver the same to retail customers is a peddler. Any person who does not keep a regular place of business, with regular business hours, but at some vacant lot or other place offers to sell goods, wares and merchandise to retail customers, is a peddler. Any person who keeps a regular place of business, with regular business hours at the same place, who other than at that regular place of business, personally or through agents offers for sale or sells and, at the time of such offering for sale, delivers goods, wares and merchandise to retail customers, is a peddler.
Every peddler operating in the city shall obtain and maintain a current city business license and shall pay an annual license tax of one hundred twenty five dollars ($125.00).
Every vehicle used in peddling shall have conspicuously displayed thereon the name of the peddler, together with the street and number, city and state of his residence.
Any person selling or offering to sell as a peddler shall exhibit his license on demand of any citizen of this city; and upon his failure or refusal to do so, he shall be subject to the penalties for doing business without a license.
The word "peddler" or peddlers," as used in this section, shall be construed as including their bona fide employees.
This subsection shall not apply to wholesale merchants regularly licensed by the city and who shall at the same time sell and deliver merchandise to retail merchants.
Notwithstanding the foregoing, no city license shall be required of peddlers of wood, meat, milk, butter, eggs, poultry, fish, oysters, game, vegetables, fruit or other family supplies of a perishable nature grown or produced by them and not purchased by them for sale, or to the activities listed below in Section 14-20-(c).
All peddlers of family supplies of a perishable nature grown or produced by them and not purchased for sale shall annually file with the Commissioner of Revenue a certificate in duplicate under oath in which shall be given the name and post office address of the applicant, the location of the land on which the family supplies of a perishable nature are produced or are to be produced, whether the applicant is the owner thereof or renter, and in the latter case, the name of the landlord or owner and the time from which and to which the lease is to run.
Upon receipt of such certificate and such other evidence under oath as may be sufficient to establish the fact that the applicant is entitled to the certificate, the Commissioner shall endorse on one (1) copy of such certificate the fact and date of its filing and shall deliver such copy to the applicant. The applicant shall thereafter, at all times while engaged in peddling within this city, have such copy in his possession, and upon request by an officer of the city charged with enforcing of this chapter, exhibit such certificate. The Commissioner and his employees may administer the oaths required by this subsection.
Any peddler failing to exhibit such certificate in violation of this subsection, or making any false statement in the certificate or affidavit aforesaid, or by permitting the certificate to be used in the sale of any family supplies of a perishable nature not grown or produced by him shall be guilty of a Class 1 misdemeanor.
No city license shall be required of persons offering items for sale in the officially established city market created pursuant to Chapter 8 of this Code; provided, that such persons shall first obtain from the city's department of parks and recreation a producer's certificate pursuant to the provisions of this section for sale at the city market and at no other place. Such certificate may include farm produce, food stuffs, art work or handicrafts grown or produced by the seller, members of his family or farm laborers employed by the seller, and not purchased by the seller for resale. Such certificates shall be used by the producers themselves and shall in no case be transferable to any third parties. The Commissioner is authorized to delegate to the department of parks and recreation the authority to issue such certificates only for use at the city market.
(e)
Subclassification D: Itinerants. All persons, whether principal, agent or salesman, who engage in or transact any temporary or transient business in the city in one (1) or more places and who, for the purpose of carrying on such business, occupies any location for a period of less than a year, are itinerant merchants. All persons bringing to and exhibiting for sale to consumers at retail in the city, in trucks, in temporary places or fixed places of sale, goods or merchandise of any character as bankrupt, consignee, trustee, railroad wreck, fire, slaughter stock, leftover, exposition stock or stock of like nature are distressed merchandise vendors. Every itinerant merchant and distressed merchandise vendor shall obtain a city business license before doing business in the city. The annual tax on such license shall be one hundred twenty five dollars ($125.00).
(f)
Subclassification E: Show and sale. Any organization certified as exempt from taxation pursuant to the United States Internal Revenue Code § 501(c)(3) may sponsor a show and sale in the city, after taking out a city business license. The annual tax on such license shall be two hundred dollars ($200.00). A license issued under this section shall be in lieu of an itinerant merchant's license which would be otherwise required of any seller who participates in such show and sale under the sponsorship of such organization.
(g)
Subclassification F: Coin-operated retail.
(1)
Any person owning or placing in the city any machines of any description into which coins are inserted for the purpose of purchasing any article of merchandise shall obtain a city business license and shall pay an annual license tax on the gross receipts derived from all such machines located in the city, computed at the rate applicable to retail merchants, as set forth in subsection (a), above.
(2)
No part of this section shall be construed to apply to pay telephones or to machines used for the purpose of vending United States postage stamps.
(3)
Every person placing any machines required to be licensed hereunder in the city shall furnish to the Commissioner annually the location and the make of each machine owned. Every vending machine shall be plainly marked by the owner thereof with the name and address of such owner. Each license issued shall refer to the manufacturer's numbers of the machines whose gross receipts are included thereunder. If the machine has no such number, a facsimile or copy of such license shall be conspicuously posted on such machine.
(4)
Regularly licensed retail merchants paying a license tax on their sales at retail shall not be required to pay any separate vending machine license on such coin-operated machines which are located on the premises of their place of business, provided receipts from the machines are included in their reported gross receipts.
(10-7-96, § 1; 11-3-97(2), § 1; 11-1-99(1))
(a)
Generally. Persons engaged in the business of furnishing financial, real estate or professional services are classified as class III businesses for license tax purposes. Such persons shall obtain a city business license and shall pay an annual license tax at the rate specified for their particular subclassification as set forth in this section.
(b)
Subclassification A. The following types of businesses shall pay an annual license tax of fifty-eight cents ($0.58) per hundred dollars ($100.00) of gross receipts:
(1)
Chattel mortgage financing.
(2)
Consumer finance companies.
(3)
Installment financing.
(4)
Loan or mortgage companies.
(c)
Subclassification B. The following types of businesses having a main office within the city shall pay an annual license tax of twenty-five dollars ($25.00):
(1)
Savings and loan associations.
(2)
State chartered credit unions.
(d)
Subclassification C. The following types of businesses shall pay an annual license tax of fifty cents ($0.50) per hundred dollars ($100.00) of gross receipts:
(1)
Stockbrokers.
(2)
Dealers in securities or commodities.
(3)
Investment counselors and management services.
(4)
Any other financial service business not listed in another subclassification under this section.
(e)
Subclassification D. Persons engaged in the provision of real estate services shall pay an annual license tax of fifty-eight cents ($0.58) per hundred dollars ($100.00) of gross receipts.
Gross receipts of real estate brokers for business license tax purposes shall not include any amounts received by the broker which arise from real estate sales transactions to the extent that such amounts are paid to a real estate agent as a commission on any real estate sales transaction and the agent is subject to the business license tax on such receipts. The broker claiming this exclusion shall identify on its license application each agent to whom the excluded receipts have been paid, and the jurisdiction in which each agent is subject to business license taxes. In the event that a real estate agent receives the full commission from the broker less an adjustment for the business license tax paid by the broker on such commissions and the agent pays a desk fee to the broker, the desk fee and other overhead costs paid by the agent to a broker shall not be included in the broker's gross receipts. If the agent files separately, the agent must identify on its license application the broker to whom such excluded receipts have been paid and the amount of such receipts that were included in the broker's license application.
(f)
Subclassification E. Persons engaged in the provision of professional services shall pay an annual license tax of fifty-eight cents ($0.58) per hundred dollars ($100.00) of gross receipts. Professional services shall include but not be limited to:
(1)
Actuaries.
(2)
Architects.
(3)
Attorneys-at-Law.
(4)
Auditors and public accountants.
(5)
Dentists, orthodontists, endodontists and oral surgeons.
(6)
Engineers.
(7)
Land surveyors.
(8)
Optometrists, but not opticians.
(9)
Physicians, surgeons and practitioners of the healing arts, as defined in Virginia Code Section 54.1-2900.
(10)
Physical therapists.
(11)
Psychologists, social workers and marriage or family counselors.
(12)
Veterinarians.
(13)
Any other profession so classified by the Virginia Department of Taxation and/or by § 58.1-3700.1 of the Virginia Code.
(10-7-96, § 1; 11-3-97(2), § 1; 9-16-02(1))
(a)
Generally. Persons engaged in furnishing repair, personal or business services, not taxable under Classes I, II or III, are classified as Class IV businesses for license tax purposes. Such persons shall obtain a city business license and shall pay an annual license tax at the rate specified for their particular subclassification as set forth in this section.
(b)
Subclassification A. Persons engaged in the following types of businesses shall obtain a city business license and shall pay an annual license tax of thirty-six cents ($0.36) per hundred dollars ($100.00) of gross receipts:
(1)
Advertising agents.
(2)
Bondsmen.
(3)
Booking agents and concert promoters.
(4)
Business research services.
(5)
Claims adjusters.
(6)
Collection agencies.
(7)
Consultant services.
(8)
Drafting services.
(9)
Employment agencies and labor agents.
(10)
Engravers.
(11)
Graphic designers and commercial artists.
(12)
Interior decorators.
(13)
Landscape architects and designers.
(14)
Manufacturers' agents.
(15)
Merchandise brokers.
(16)
Piano tuners.
(17)
Public relations and promotional services.
(18)
Public stenographic services and court reporters.
(19)
Research and analytical laboratories.
(20)
Taxidermists.
(21)
Truckers' agents.
(22)
Tax return preparation and bookkeeping services.
(c)
Subclassification B. Persons engaged in the following types of businesses shall obtain a city business license and shall pay an annual license tax of thirty-six cents ($0.36) per hundred dollars ($100.00) of gross receipts:
(1)
Amusements and recreation services.
(2)
Billiard parlors and pool halls.
(3)
Bowling alleys.
(4)
Closed circuit television presentations.
(5)
Driving ranges, golf courses and miniature golf courses.
(6)
Motion picture theaters and drive-in theatres.
(7)
Schools of instruction, studios or tutors (operated for profit) in business skills, ceramics, art, music, dancing, sports or driver training; provided, that no tax shall be payable if more than fifty percent of the gross receipts of the school is derived from teaching children under the age of eighteen.
(8)
Skating rinks.
(9)
Theatrical performances (conducted for profit).
(d)
Subclassification C. Persons engaged in the following types of business shall obtain a city business license and shall pay an annual license tax of thirty cents ($0.30) per hundred dollars ($100.00) of gross receipts:
(1)
Airplane and helicopter rentals or charters and air taxi services.
(2)
Animal hospitals, boarding or grooming services, kennels or stables.
(3)
Automobile washing, waxing or cleaning services.
(4)
Armored car services.
(5)
Blacksmiths and wheelwrights.
(6)
Caterers.
(7)
Child care facilities, kindergartens, day nurseries and schools, conducted for profit and attended by ten or more students.
(8)
Coin operated amusements (in addition to the license required under section 14-55).
(9)
Computer service bureaus.
(10)
Furnishing of music to businesses and institutions.
(11)
Furniture repair, refinishing and upholstery.
(12)
Hauling on a contract basis of dirt, gravel or other materials.
(13)
Hospitals, nursing homes, rest homes, homes for the aged, mentally ill or retarded and similar facilities, if operated for profit.
(14)
Housecleaning and janitorial services, excluding domestic employees working solely on the premises of their employers.
(15)
Mailing and messenger services.
(16)
Moving, packing, crating, shipping or storage of household goods and chattels.
(17)
Outside agents, residing or maintaining an office within the state of Virginia, who sell to, offer to or take orders for goods from customers other than licensed merchants within the city.
(18)
Parcel delivery services.
(19)
Parking lots, garages and valet parking services, if operated for profit and if a charge is made to the customer.
(20)
Photographers, except transients who shall pay a tax of five dollars per week of operation in the city, and photographic services.
(21)
Picture framing and gilding.
(22)
Preparation of technical manuals.
(23)
Press clipping services.
(24)
Realty multiple listing services.
(25)
Rental or leasing of any item of tangible personal property or equipment.
(26)
Repairing motor vehicles, appliances, machinery, clocks and watches, or other personal property or equipment.
(27)
Reproduction services.
(28)
Septic tank maintenance and cleaning.
(29)
Shoemakers, shoe repairing and shoe shining.
(30)
Sign painters (unless taxable as contractors).
(31)
Swimming pool maintenance and cleaning.
(32)
Tabulation services.
(33)
Tailors.
(34)
Telephone answering services.
(35)
Travel agencies (taxable on gross commissions) and tour guides.
(36)
Tree surgeons, trimming and removal services.
(37)
Undertakers, embalmers and funeral services.
(38)
Welding, chrome plating and electroplating.
(39)
Towing or storage of motor vehicles.
(40)
Transient lodgings, including but not limited to, hotels, motels and tourist homes.
(41)
Yard and garden care and maintenance services.
(e)
Subclassification D. Persons engaged in the following types of businesses shall obtain a city business license and shall pay an annual license tax of twenty-five cents ($0.25) per hundred dollars ($100.00) of gross receipts:
(1)
Barbers and beauticians.
(2)
Exterminators.
(3)
Health clubs, gymnasiums, reducing salons, spas and sauna, steam or whirlpool baths.
(4)
Laundries (including coin-operated), dry cleaning, pressing and clothing storage, diaper, linen and uniform services, carpet and upholstery cleaners.
(5)
Machine shops.
(6)
Massage.
(7)
Rental of storage spaces of all types.
(f)
Subclassification E. Book publishers and binders shall obtain a city business license and shall pay an annual license tax of sixteen cents ($0.16) per hundred dollars ($100.00) of gross receipts on the first one hundred thousand dollars ($100,000.00), and five cents ($0.05) per hundred dollars ($100.00) of gross receipts in excess of one hundred thousand dollars ($100,000.00).
(g)
Subclassification F. Plumbers not licensable as contractors shall obtain a city business license and shall pay an annual license tax of sixteen cents ($0.16) per hundred dollars ($100.00) of gross receipts.
(h)
Subclassification G. Taxicabs, limousine services and private ambulances operated for profit shall pay an annual license tax of ten cents ($0.10) per one hundred dollars ($100.00) of gross receipts. This tax shall be in addition to any license or permit fee or franchise fee imposed pursuant to any other chapter of this Code.
(i)
Subclassification H. The following types of businesses shall obtain a city business license and shall pay an annual license tax of thirty-six cents ($0.36) per one hundred dollars ($100.00) of gross receipts:
(1)
Advertising distributors.
(2)
Auctioneers, excluding court appointed Commissioners or receivers and administrators, executors, guardians, trustees and other fiduciaries while acting in a fiduciary capacity.
(3)
Billboard rentals.
(4)
Book sales agents, coupon book sellers or agents, and other agents not included in any other classification under this article.
(5)
Commission merchants other than real estate.
(6)
Detectives and detective agencies, and security guards.
(7)
Livestock brokers.
(8)
Preparation and sale of city directories.
(9)
Raising and preparation of laboratory animals.
(10)
Vehicles with loudspeakers.
(11)
Pawnbrokers.
(12)
Any other repair, personal or business service not specifically included in any other subclassification under this section.
(10-7-96, § 1; 11-3-97(2), § 1)
(a)
Wholesale merchants are classified as Class V businesses for license tax purposes. Such persons shall obtain a city business license and shall pay an annual license tax as set forth in this section.
(b)
Every person engaged in the business of a wholesale merchant shall, for each separate place of business conducted in the city, pay a license tax on all purchases made of twenty-five cents ($0.25) per hundred dollars ($100.00) of gross receipts on the first fifty thousand dollars ($50,000.00), and sixteen cents ($0.16) per one hundred dollars ($100.00) in excess of $50,000.00 of gross receipts.
(c)
Notwithstanding the foregoing, a peddler at wholesale (meaning any person who sells or offers to sell goods, wares or merchandise to licensed dealers, other than at a definite place of business operated by the seller, and at the time of such sale, or exposure for sale, delivers or offers to deliver the goods, wares or merchandise to the buyer) shall pay an annual city license tax of $100.00 for each vehicle used in such business. For the purposes of this section, any delivery made on the day of sale shall be construed as a delivery at the time of sale. The license tax authorized by this subsection shall not apply to:
(1)
A licensed wholesale dealer who sells and, at the time of such sale, delivers merchandise to retail merchants;
(2)
A distributor of motor fuels and petroleum products;
(3)
A distributor or vendor of seafood who catches seafood and sells only the seafood caught by him;
(4)
A farmer or producer of agricultural products who sells only the farm or agricultural products produced or grown by him;
(5)
A farmer's cooperative association;
(6)
A manufacturer who is subject to Virginia tax on intangible personal property who peddles at wholesale only those goods, wares or merchandise manufactured by him at a plant, whose intangible personal property is taxed by the Commonwealth of Virginia.
(10-7-96, § 1; 11-3-97(2), § 1)
(a)
Generally. Water, heat, light and power companies (including, without limitation: electric service providers, gas utilities, and pipeline distribution companies), telephone, telegraph and cable television companies and other businesses owning or operating telegraph or telephone lines within the city, are classified as Class VI businesses for license tax purposes and each shall obtain a city business license and shall pay an annual license tax at the rates set forth in this section. Except as provided in paragraph 14-21(b), below, effective January 1, 2001, pursuant to Virginia Code § 58.1-3731, electric service suppliers, gas utilities and pipeline distribution companies shall not be required to obtain a city business license, or to pay the annual license tax required by this section with respect to sales of electricity and natural gas in the tax year commencing on January 1, 2001 or thereafter.
(b)
Subclassification A. Water, heat, light and power companies (including, without limitation: electric service providers, gas utilities, and pipeline distribution companies), telephone and telegraph companies and any other business that owns or operates any telegraph or telephone lines within the city, shall pay an annual license tax of one-half of one percent of gross receipts derived from sales to the ultimate consumer in the city. The taxable gross receipts of telephone companies shall exclude receipts for interstate toll charges, as well as charges for long distance telephone calls. Effective January 1, 2001, in accordance with Virginia Code § 58.1-3731, the license tax imposed by this paragraph shall not be imposed on electric service providers, gas utilities or pipeline distribution companies with respect to sales on or after January 1, 2001. However, on or before March 1, 2001, with respect to sales of electricity and natural gas in the tax year ending December 31, 2000, electric service suppliers, gas utilities, and pipeline distribution companies shall pay the business license tax required by this section.
(1)
With respect to sales of electricity and natural gas in the tax years beginning on and after January 1, 2001, electric service providers, gas utilities and pipeline distribution companies shall remit to the commissioner of revenue the local consumption taxes imposed by § 58.1-2900 and § 58.1-2904 of the Code of Virginia, as amended, as required by Virginia Code § 58.1-2901 and § 58.1-2905. Electric service providers, gas utilities and pipeline distribution companies shall commence monthly payments of these local consumption taxes on February 28, 2001. If any person required to remit such payments to the commissioner fails to do so, such person shall be guilty of a Class 1 misdemeanor. No conviction thereof shall relieve any such person from the payments required by law.
(2)
If the amount(s) owed pursuant to paragraph (b)(1), above are not paid by the appropriate due date, a penalty of ten (10) percent of the amount owed shall be imposed.
(c)
Subclassification B. Telegraph companies engaged in intrastate service shall pay an annual license tax of one hundred dollars ($100.00).
(d)
Subclassification C. Any person, firm, or corporation designated as the principal or prime contractor receiving identifiable federal appropriations for research and development services as defined in § 31.205-18(a) of the Federal Acquisition Regulations in the areas of (i) computer and electronic systems, (ii) computer software, (iii) applied sciences, (iv) economic and social sciences, and (v) electronic and physical sciences shall pay an annual license tax at the rate of three cents ($0.03) per one hundred dollars ($100.00) of gross receipts. If such person, firm or corporation satisfies the requirements of section 14-24(a) of this chapter, then the incentives provided by section 14-24(b) shall apply subject to all other requirements and provisions of section 14-24.
(e)
Subclassification D. Cable television companies furnishing video programming within the City shall pay an annual license tax of thirty-six cents ($0.36) per one hundred dollars ($100.00) of gross receipts.
(10-7-96, § 1; 11-3-97(2), § 1; 6-19-00(1), § 2; 6-19-00(2); 10-2-00)
(a)
Every person producing or handling for sale any alcoholic beverage, mixed beverage, beer and/or wine, as defined within the Code of Virginia, Chapter 1 § 4.1-100, shall obtain a city license therefor, in addition to the state license required by the Virginia Alcoholic Beverage Control Board, and shall pay an annual local license tax in the maximum amount(s) specified within § 4.1-233 of the Virginia Code with respect to each state license required of such person.
(b)
The above licenses shall be in addition to and not in lieu of retail merchants' licenses measured by purchases, local retail merchants' license taxes measured by sales, and local restaurant license taxes measured by sales. In calculating local taxes with respect to such licenses, purchases or sales of alcoholic beverages shall be included in the base for measuring such local license taxes, the same as if the alcoholic beverages were nonalcoholic, and local merchants' and local restaurant license taxes shall be in addition to the local alcoholic beverage license taxes authorized by this section. In ascertaining the liability of (i) a beer wholesaler to local merchants' license taxation under this ordinance, and in computing the local wholesale merchants' license tax on such beer wholesaler, purchases of beer shall be disregarded, up to an amount which would be necessary to produce a wholesale merchant's license tax equal to the wholesale beer license tax paid by such wholesaler, and (ii) a wholesale wine licensee to local merchants' license taxation under this ordinance, and in computing the local wholesale merchants' license tax on such wholesale wine licensee, purchases of wine shall be disregarded up to the amount which would be necessary to produce a wholesale merchants' license tax equal to the local wholesale wine licensee license tax paid by such wholesale wine licensee. These licenses are not transferable.
(10-7-96, § 1; 11-3-97(2), § 1; 11-15-04(1), § 2)
Persons engaged in the following special categories of businesses shall obtain city business licenses and shall pay license taxes as follows:
(1)
On every carnival, the annual license tax shall be five hundred and fifty dollars ($550.00) per day. Every person who exhibits or gives a performance or exhibition of any carnival without the required license shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense. A "carnival" shall mean an aggregation of shows, amusements, concessions, eating places and riding devices, or any of them operating together on one (1) lot or street, or on contiguous lots or streets, moving from place to place, whether or not the same are owned and actually operated by separate persons.
(2)
Every person practicing the art of divination, fortunetelling, palmistry, astrology or phrenology, who shall practice the same in this city, shall pay an annual license tax of one thousand dollars ($1,000.00) per year.
(3)
On a circus, menagerie, tent show or other such exhibition or performance within the city, whether combined or separate, the license tax shall be one hundred fifty dollars ($150.00) for the first performance or exhibition, and one hundred dollars ($100.00) for each additional performance or exhibition. On a side show attached to or exhibiting with any circus, menagerie, tent show or other such exhibition or performance within the city, the license tax shall be twenty-five dollars ($25.00) for each performance or exhibition. No license shall be issued to any circus, menagerie, tent show or other such exhibition or performance unless and until the price of admissions and of seats shall have been previously generally published.
(4)
On every amusement operator, as defined in Virginia Code § 58.1-3720, the annual license tax shall be one hundred fifty dollars ($150.00).
(10-7-96, § 1; 11-3-97(2), § 1)
(a)
A "qualified technology business" is a business which meets each of the following criteria:
(1)
The business must constitute a "technology business," as that term is defined within City Code Chapter 2, Article XIV;
(2)
The business must not be operating under a certificate of public convenience issued by the Virginia State Corporation Commission;
(3)
The business must not be engaged in the provision of a "utility service" as that term is defined within section 30-221 of the City Code;
(4)
The business must certify that it expects to be engaged in a technology business throughout the tax year for which a reduction is sought (or, for new technology businesses which had not commenced doing business as of January 1 of the tax year for which application is made, for the balance of the tax year); and
(5)
The business must have submitted an application for qualification to the commissioner of revenue, on or before March 1st of the tax year for which a reduction of taxes is sought under this section. A separate application shall be required for each tax year. A business seeking to obtain a reduction of taxes under this section shall have the burden of demonstrating, to the satisfaction of the commissioner, that it meets the definition of a technology business and that it meets all applicable criteria for a reduction.
(b)
The following incentives, in the form of reduction of taxes owed, shall be available to qualified technology businesses:
(1)
For a qualified technology business whose gross receipts from a technology business subject to licensure are one hundred thousand dollars ($100,000.00) or less, any license fee which would otherwise be required by this chapter shall be reduced by one hundred (100) percent for no more than seven (7) years.
(2)
A qualified technology business whose gross receipts from a technology business subject to licensure are more than one hundred thousand dollars ($100,000.00) shall receive a fifty (50) percent reduction of any taxes owed pursuant to this chapter for no more than seven (7) years.
Where a qualified technology business' license tax is determined pursuant to section 14-13(c) of this chapter, the commissioner shall determine the appropriate reduction based on the actual tax owed by the business for a tax year, as may be corrected by the commissioner.
(c)
Except as otherwise specifically provided, nothing set forth within this section shall affect a technology business's status or classification for tax purposes, its obligation to report gross receipts and to file tax returns, or to pay any license issuance fees or local taxes under this chapter. Nothing contained in this section shall relieve any technology business from its obligation to comply with the requirements of section 14-11, or any other section, of this chapter.
(d)
The tax incentives provided by this section shall be available to qualified technology businesses through the tax year ending on December 31, 2016. A qualified technology business shall receive the applicable tax reduction for no more than seven (7) tax years.
(6-19-00(1), § 3; 11-20-06(3); 11-21-11(1); 11-21-16; 3-20-17, § 1)
It is hereby declared to be the intent of this chapter that, in order to distribute the tax burden of the city, any business, employment or profession located or conducted in the city, and the persons, firms, associations and corporations engaged therein and the agents thereof, shall, except as otherwise specifically provided, be subject to an annual license issuance fee and license tax under this chapter.
There is hereby levied and there shall be assessed and collected those license taxes or license issuance fees described below, for each and every license year until otherwise changed, which shall be for the support of the city government, the payment of the city debts and interest thereon and for other municipal purposes.
(10-7-96, § 1; 11-3-97(2), § 1)
The following words and terms shall have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning:
Affiliated group shall mean:
(1)
One (1) or more chains of corporations subject to inclusion connected through stock ownership with a common parent corporation which is a corporation subject to inclusion if:
a.
Stock possessing at least eighty (80) percent of the voting power of all classes of stock and at least eighty (80) percent of each class of the nonvoting stock of each of the corporations subject to inclusion, except the common parent corporation, is owned directly by one (1) or more of the other corporations subject to inclusion; and
b.
The common parent corporation directly owns stock possessing at least eighty (80) percent of the voting power of all classes of stock and at least eighty (80) percent of each class of the nonvoting stock of at least one (1) of the other subject to inclusion corporations. As used in the subsection, the term "stock" does not include nonvoting stock which is limited and preferred as to dividends; the phrase "corporation subject to inclusion" means any corporation within the affiliated group irrespective of the state or country of its incorporation; and the term "receipts' includes gross receipts and gross income.
(2)
Two (2) or more corporations if five (5) or fewer persons who are individuals, estates or trusts own stock possessing at least eighty (80) percent of the total combined voting power of all classes of stock entitled to vote, or at least eighty (80) percent of the total value of shares of all classes of the stock of each corporation; and more than fifty (50) percent of the total combined voting power of all classes of stock entitled to vote, or more that fifty (50) percent of the total value of shares of all classes of stock of each corporation, taking into account the stock ownership of each such person only to the extent such stock ownership is identical with respect to each such corporation.
When one (1) or more of the corporations subject to inclusion, including the common parent corporation, is a nonstock corporation, the term "stock" as used in the subsection shall refer to the nonstock corporation membership or membership voting rights, as is appropriate to the context.
(3)
Two (2) or more entities, if such entities satisfy the requirements in subdivision (1) or (2) of this definition as if they were corporations and as if the ownership interests therein were stock.
Appealable event, for the purposes of this section, shall mean an increase in the assessment of a local license tax payable by a taxpayer, the denial of a refund, or the assessment of a local license tax where none previously was assessed, arising out of the local assessing official's (i) examination of records, financial statements, books of account or other information for the purpose of determining the correctness of an assessment, (ii) determination regarding the rate or classification applicable to the licensable business, (iii)assessment of a local license tax when no return has been filed by the taxpayer, or (iv) denial of an application for correction of erroneous assessment attendant to the filing of an amended application for a license.
Assessment shall mean a determination as to the proper rate of tax, the measure to which the tax rate is applied, and ultimately the amount of tax, including additional or omitted tax, that is due. An assessment shall include a written assessment made pursuant to notice by the assessing official or a self-assessment made by a taxpayer upon the filing of a return or otherwise not pursuant to notice. Assessments shall be deemed made by an assessing official when a written notice of assessment is delivered to the taxpayer by the assessing official or an employee of the assessing official, or mailed to the taxpayer at his last known address. Self-assessments shall be deemed made when a return is filed, or if no return is required, when the tax is paid. A return filed or tax paid before the last day prescribed by ordinance for the filing or payment thereof shall be deemed to be filed or paid on the last day specified for the filing of a return of the payment of tax, as the case may be.
Assessing official means the Commissioner of Revenue of the City of Charlottesville, and designated employees.
Base year shall mean the calendar year preceding the license year, except for contractors subject to the provisions of Virginia Code Section 58.1-3715, or unless otherwise expressly stated herein.
Bondsman shall mean any person who, for compensation, enters into any bond or bonds for others, whether as a principal or surety, including any persons engaged in activities as a bail bondsman property bail bondsman, or surety bail bondsman, as those terms are defined in § 9.1-185 of the Code of Virginia.
Business shall mean a course of dealing which requires the time, attention and labor of the person so engaged for the purpose of earning a livelihood or profit. It implies a continuous and regular course of dealing, rather than an irregular or isolated transaction. A person may be engaged in more than one (1) business. The following activities shall create a rebuttable presumption that a person is engaged in a business: (i) advertising or otherwise holding oneself out to the public as being engaged in a particular business or (ii) filing tax returns, schedules and documents that are required only of persons engaged in a trade or business.
Commissioner shall mean the Commissioner of the Revenue of the City of Charlottesville, and designated employees.
Contractor shall have the meaning prescribed in Virginia Code § 58.1-3714(D), whether such work is done or offered to be done by day labor, general contract or subcontract.
Definite place of business shall mean an office or a location at which occurs a regular and continuous course of dealing for thirty (30) consecutive days or more. A definite place of business for a person engaged in business may include a location leased or otherwise obtained from another person on a temporary or seasonal basis and real property leased to another. A person's residence shall be deemed to be a definite place of business if there is not a definite place of business maintained elsewhere and the person is not subject to licensure as a peddler or itinerant merchant.
Electric service provider shall mean the person that delivers electricity to a consumer.
Entity means a business organization, other than a sole proprietorship, that is a corporation, limited liability company, limited partnership, or limited liability partnership duly organized under the laws of the commonwealth or another state.
Erroneous assessment means any tax assessment that is incorrect due to an error made by the city's commissioner of revenue or other city official or employee charged with assessing, levying or calculating the amount of any business license tax due and owing by a taxpayer.
Financial services shall mean the buying, selling, handling, managing, investing, and providing of advice regarding money, credit, securities, or other investments.
Fuel sale or fuel sales shall mean retail sales of alternative fuel, blended fuel, diesel fuel, gasohol, or gasoline, as such terms are defined in Virginia Code § 58.1-2201.
Gas utility shall mean a person authorized to furnish natural gas service in Virginia.
Gross receipts shall mean the whole, entire, total receipts, without deduction. Gross receipts shall not include any amount not derived from the exercise of the licensed privilege to engage in a business or profession in the ordinary course of business. Gross receipts shall include all income from any business, profession, trade, occupation, vocation, calling or activity, including cash, credits, fees, commissions, brokerage charges and rentals, and property of any kind, nature or description, from either sales made or services rendered without any deductions therefrom on account of cost of the property sold, the cost of materials, labor or service or other costs, or any expense whatsoever; provided, the term "gross receipts" with respect to manufacturers and wholesale merchants manufacturing or dealing in articles upon which there is levied a direct excise tax by the United States shall not include such excise tax payments to the United States Government. The term "gross receipts" when used in connection with or in respect to, financial transactions involving the sale of notes, stocks, bonds or other securities, or the loan, collection or advance of money, or the discounting of notes, bills or other evidences of debt, shall be deemed to mean the gross interest, gross discount, gross commission or other gross receipts earned by means of, or resulting from, such financial transactions, but the term "gross receipts" shall not include amounts received as payment of debts.
The term "gross receipts" shall include the gross receipts from all sales made from a place of business within the city, both to persons within the city and to persons outside the city.
The following items are excluded from gross receipts:
(1)
Amounts received and paid to the United States, the Commonwealth or any county, city, or town for the Virginia Retail Sales or Use Tax, for any local sales tax or any local excise tax on cigarettes, for any federal or state excise taxes on motor fuels.
(2)
Any amount representing the liquidation of a debt or conversion of another asset to the extent that the amount is attributable to a transaction previously taxed (e.g., the factoring of accounts receivable created by sales which have been included in taxable receipts even though the creation of such debt and factoring are a regular part of its business).
(3)
Any amount representing returns and allowances granted by the business to its customers.
(4)
Receipts which are the proceeds of a loan transaction in which the licensee is the obligor.
(5)
Receipts representing the return of principal of a loan transaction in which the licensee is the creditor, or the return of principal or basis upon the sale of a capital asset.
(6)
Rebates and discounts taken or received on account of purchases by the licensee. A rebate or other incentive offered to induce the recipient to purchase certain goods or services from a person other that the offeror, and which the recipient assigns to the licensee in consideration of the sale goods and services shall not be considered a rebate or discount to the licensee, but shall be included in the licensee's gross receipts together with any handling or other fees related to the incentive.
(7)
Withdrawals from inventory for purposes other than sale or distribution and for which no consideration is received and the occasional sale or exchange of assets other than inventory whether or not a gain or loss is recognized for federal income tax purposes.
(8)
Investment income not directly related to the privilege exercised by a business subject to licensure not classified as rendering financial services. This exclusion shall apply to interest on bank accounts of the business, and to interest, dividends and other income derived from the investment of its own funds in securities and other types of investments unrelated to the licensed privilege. This exclusion shall not apply to interest, late fees and similar income attributable to an installment sale or other transaction that occurred in the regular course of business.
(9)
Any amount paid for computer hardware and software that are sold to a United States federal or state government entity provided that such property was purchased within two (2) years of the sale to said entity by the original purchaser who shall have been contractually obligated at the time of purchase to resell such property to a state or federal government entity. This deduction shall not occur until the time of resale and shall apply to only the original cost of the property and not to its resale price, and the deduction shall not apply to any of the tangible personal property which was the subject of the original resale contract if it is not resold to a state or federal government entity in accordance with the original contract obligation.
(10)
Any receipts attributable to business conducted in another state or foreign country in which the taxpayer (or its shareholders, partners or members, in lieu of the taxpayer) is liable for an income or other tax based upon income.
(11)
Amounts collected by any provider of funeral services on behalf of, and paid to, another person providing goods or services in connection with a funeral, if the goods or services were contracted for by the provider of funeral services to his customer. A provider of funeral services claiming the exclusion shall identify on its license application each person to whom the excluded receipts have been paid and the amount of the excluded receipts paid by the provider of funeral services to such person. As used in this paragraph, the term "provider of funeral services" shall mean any person engaged in the funeral service profession, operating a funeral service establishment, or acting as a funeral director or embalmer.
(12)
Employee benefits paid by a staffing firm to, or for the benefit of, any contract employee for the period of time that the contract employee is actually employed for the use of the client company pursuant to the terms of a professional employer organization (PEO) services contract or temporary help services contract. However, the taxable gross receipts of a staffing firm shall include any administrative fees received by such firm from a client company, whether on a fee-for-service basis or as a percentage of total receipts from the client company.
For the purpose of this paragraph:
Client company means a person, as defined in Virginia Code § 1-230 or § 1-231, as may be applicable, that enters into a contract with a staffing firm by which the staffing firm, for a fee, provides PEO services or temporary help services.
Contract employee means an employee performing services under a PEO services contract or temporary help services contract.
Employee benefits means wages, salaries, payroll taxes, payroll deductions, workers' compensation costs, benefits, and similar expenses.
PEO services or professional employer organization services means an arrangement whereby a staffing firm assumes employer responsibility for payroll, benefits, and other human resources functions with respect to employees of a client company with no restrictions or limitations on the duration of employment.
PEO services contract means a contract pursuant to which a staffing firm provides PEO services for a client company.
Staffing firm means a person, as defined in Virginia Code § 1-230 or § 1-231, as may be applicable that provides PEO services or temporary help services.
Temporary help services means an arrangement whereby a staffing firm temporarily assigns employees to support or supplement a client company's workforce.
Temporary help services contract means a contract pursuant to which a staffing firm provides temporary help services for a client company.
License year shall mean the calendar year for which a license is issued for the privilege of engaging in business.
Merchant shall mean any person whose business, or any part of it, consists of buying, or otherwise acquiring, and selling, leasing or otherwise disposing of goods, wares, merchandise, commodities, supplies, machinery, equipment or any other article of personal property.
Person shall mean any individual, corporation, partnership, association, company, business, trust, joint venture, or other legal entity.
Pipeline distribution company shall mean a person, other than a pipeline transmission company, that transmits natural gas, manufactured gas or crude petroleum, and the products or by-products thereof, by means of a pipeline, for sale to an ultimate consumer for purposes of furnishing heat or light.
Pipeline transmission company shall mean a person authorized to transmit natural gas, manufactured gas or crude petroleum and the products or by-products thereof in the public service by means of a pipeline or pipelines from one point to another when such gas or petroleum is not for sale to an ultimate consumer for purposes of furnishing heat or light.
Professional services shall mean services performed by architects, attorneys-at-law, certified public accountants, dentists, engineers, land surveyors, surgeons, veterinarians, and practitioners of the healing arts (the arts and sciences dealing with the prevention, diagnosis, treatment and cure or alleviation of human physical or mental ailments, conditions, diseases, pain or infirmities) and such occupations, and no others, as the Virginia Department of Taxation adds to the list in the BPOL guidelines promulgated pursuant to Virginia Code Section 58.1-3701. The word "profession" implies attainments in professional knowledge as distinguished from mere skill, and the application of knowledge to uses for others rather than for personal profit.
Purchases shall mean all goods, wares and merchandise received for sale at each definite place of business of a wholesale merchant. The term shall also include the cost of manufacture of all goods, wares and merchandise manufactured by any wholesale merchant and sold or offered for sale. A wholesale merchant may elect to report the gross receipts from the sale of manufactured goods, wares and merchandise if it cannot determine the cost of manufacture or chooses not to disclose the cost of manufacture.
Real estate services shall mean providing a service for compensation with respect to the purchase, sale, lease, rental or appraisal of property. Such services include, but are not limited to the following:
Appraisers of real estate
Escrow agents, real estate
Fiduciaries, real estate
Lessors of real property
Real estate agents, brokers and managers
Real estate selling agents
Rental agents for real estate
Refund resulting from an erroneous assessment means a refund made to a taxpayer, resulting from the overpayment of business license taxes, which refund results from (i) an application for correction of an erroneous assessment under sections 14-6 or 14-12 of this chapter, or (ii) an application made pursuant to the authority of sections 58.1-3703.1, 58.1-3980, 58.1-3981 or 58.1-3984 of the Code of Virginia (1950), as amended.
Retail merchant means any person making sales of goods, wares or merchandise for any purpose other than resale (but not including sales to institutional, commercial and industrial users, where the quantity, price or other circumstances of such sales indicate that such sales constitute sales at wholesale). Any person who shall manufacture and sell goods, wares or merchandise at retail at the place of manufacture is classified as a retail merchant for the purposes of this chapter, and shall be licensed as such. Any person engaged in a short-term rental business, as defined in City Code section 30-316, is classified as a retail merchant for the purposes of this chapter, and shall be licensed as such. Any person who shall cook, or otherwise furnish for compensation, diet, refreshments of any kind, for casual visitors at his house, for consumption therein, and who does not furnish lodging, and who is not the keeper of a hotel or lodging house, is classified as a retail merchant for the purposes of this chapter, and shall be licensed as such. Any person who shall sell soft drinks from a soda fountain is also classified as a retail merchant and shall be licensable as such, and for the purpose of measuring his license tax, his gross receipts shall be regarded as sales.
Services shall mean services purchased by a customer which do not have physical characteristics, or which are not goods, wares, or merchandise.
Treasurer shall mean the city treasurer.
Wholesaler or wholesale merchant shall mean any person or merchant who sells goods, wares or merchandise for resale by the purchaser, including sales when the goods, wares and merchandise will be incorporated into goods and services for sale. The term shall also include any person who sells goods, wares or merchandise to institutional, commercial, or industrial users; such sales generally are considered sales at wholesale, unless the quantity, price or other circumstances indicate that such sales constitute retail sales.
(10-7-96, § 1; 11-3-97(2), § 1; 12-7-98(1); 11-1-99(1); 6-19-00(2); 10-2-00; 9-16-02(1); 11-15-04(1), § 2; 12-18-06(1), § 1)
(a)
It shall be unlawful for any person to engage in any business, employment or profession within the city for which a license issuance fee or license tax is imposed by this chapter, without first obtaining a city business license and paying the required fee or tax.
(1)
Any corporate, partnership or limited liability company officer who willfully fails to pay, collect, or truthfully account for and pay over any license tax imposed by this chapter, or who willfully attempts in any manner to evade or defeat any such tax or the payment thereof, shall, in addition to other penalties provided by law, be liable for a penalty of the amount of the tax evaded or not paid, collected, or accumulated for and paid over, to be assessed and collected in the same manner as such taxes are assessed and collected.
(2)
The term "corporate, partnership or limited liability company officer" as used in this section means an officer or employee of a corporation, or a member, or employee of a partnership or member, manager or employee of a limited liability company who, as such officer, employee, member or manager, is under a duty to perform, on behalf of the corporation, partnership or limited liability company, the act in respect of which the violation occurs and who: (i) had actual knowledge of the failure or attempt as set forth herein, and (ii) had authority to prevent such failure or attempt.
(b)
No business license under this chapter shall be issued until the applicant has produced satisfactory evidence that all delinquent business license, personal property, meals, transient occupancy, severance and admissions taxes owed by the business to the city have been paid.
(1)
The city shall not deny a business license to any person, solely on the grounds that such person has failed to pay taxes, penalties and interest due to the city, as may be applicable, when and to the extent that such taxes, penalties and interest are the subject of a pending, bona fide: (i) application for correction of an assessment of taxes; (ii) appeal of a local tax, local business tax, or local license tax; or (iii) appeal by the city of a correction of assessment of local taxes.
(2)
Nothing in this subsection shall be construed to require the issuance by the city of any local vehicle license that has been withheld for non-payment of personal property taxes.
(c)
No business license under this chapter shall be issued to any property bail bondsman unless and until (i) prior to July 1, 2005, the applicant shall produce a certificate from the judge of the circuit court of the county or city in which he conducts the business of a property bail bondsman, or in which he desires to conduct such business (a license granted to a property bail bondsman in any such county or city shall authorize such person to enter into such bond(s) in any other county or city), or (ii) effective on or after July 1, 2005, the applicant shall produce a valid bail bondsman license issued by the department of criminal justice services; provided, however, that any bail bondsman who, prior to July 1, 2004 obtained the certificate referenced in (i), above, and such certificate and right to act as a property bail bondsman remains in full force and effect, such certificate shall be sufficient evidence of the state approval prerequisite to issuance of a city business license. No property bail bondsman or his agent shall enter into any bond or bonds within the city until he has obtained a city business license, as required by subsection (a), above, or unless he holds a valid business license issued by another city or county in which he engages in the business of property bail bonding. The failure of any property bail bondsman to comply with the requirements of this subsection shall constitute a Class 1 misdemeanor, and in addition to any criminal penalty to which it may be entitled, the city may revoke any business license issued by it to such person.
(d)
If any person shall commence to engage in any business, employment or profession licensable under this chapter without first obtaining such license, such person shall be guilty of a Class 1 misdemeanor. Such conviction thereof shall not relieve any such person from the payment of the license issuance fee or license tax prescribed by this chapter. Any person who commences to engage in any business, employment or professional licensable under this chapter, who fails to pay the required license issuance fee or license tax shall be subject to the penalties and interest specified in section 14-12 of this chapter, which shall be assessed and collected in the same manner as taxes are assessed and collected.
(e)
If the commissioner has knowledge of a violation of this section, it shall be his duty to cause the person in violation to be summoned before him to obtain the required license, or to cause such person to be summoned before the general district court to be tried for the violation, or both. The duty herein imposed on the commissioner shall not relieve the police force of the city from the general duty of enforcing the provisions of this chapter or any other ordinance of the city.
(10-7-96, § 1; 11-3-97(2), § 1; 11-1-99(1); 11-15-04(1), § 2)
(a)
No license issuance fee or license tax shall be imposed or levied:
(1)
On any public service corporation or any motor carrier, common carrier, or other carrier of passengers or property formerly certified by the Interstate Commerce Commission or presently registered for insurance purposes with the Surface Transportation Board of the United States Department of Transportation, Federal Highway Administration, except as provided in Section 58.1-3731, Code of Virginia (1950), as amended, or as permitted by other provisions of law;
(2)
For selling farm or domestic products or nursery products, ornamental or otherwise, or for the planting of nursery products, as an incident to the sale thereof, outside of the regular market houses and sheds of the city; provided that such products are grown or produced by the person offering such products for sale;
(3)
Upon the privilege or right of printing or publishing any newspaper, magazine, newsletter or other publication issued daily or regularly at average intervals not exceeding three (3) months, provided the publication's subscriptions sales are exempt from state sales tax, or for the privilege or right of operating or conducting any radio or television broadcasting station or service;
(4)
On a manufacturer for the privilege of manufacturing and selling goods, wares and merchandise at wholesale at the place of manufacture (without limiting or restricting the meaning of the term "manufacturing" as otherwise provided by law, "manufacturing" shall include the assembly of materials or components to produce a different product);
(5)
On a person engaged in the business of severing minerals from the earth for the privilege of selling the severed mineral at wholesale at the place of severance, except as provided in Virginia Code §§ 58.1-3712 and 58.1-3713;
(6)
Upon a wholesaler for the privilege of selling goods, wares and merchandise to other persons for resale unless such wholesaler has a definite place of business or store in the city; this subsection shall not be construed as prohibiting the city from imposing a local license issuance fee or license tax on a peddler at wholesale pursuant to Virginia Code § 58.1-3718.
(7)
Upon any person, firm or corporation for engaging in the business of renting, as the owner of such property, real property, other than hotels, motels, motor lodges, auto courts, tourist courts, travel trailer parks, lodging houses, rooming houses and boardinghouses; however, any county, city or town imposing such a license tax on January 1, 1974, shall not be precluded from the levy of such tax by the provisions of this subsection.
(8)
On total assessments paid by condominium unit owners for common expenses. "Common expenses" and "unit owner" shall have the same meanings as set forth within Virginia Code § 55-79.41.
(9)
On or measured by receipts for management, accounting, or administrative services provided on a group basis under a nonprofit cost-sharing agreement by a corporation which is an agricultural cooperative association under the provisions of § 13.1-312 et seq., Code of Virginia (1950), as amended, or a member or subsidiary or affiliated association thereof, or to other members of the same group; this exclusion shall not exempt any such corporation from such license or other tax measured by receipts from outside the group;
(10)
On or measured by receipts or purchases by an entity which is a member of an affiliated group of entities from other members of the same affiliated group; this exclusion shall not exempt affiliated entities from such license or other tax measured by receipts of purchases from outside the affiliated group; this exclusion also shall not preclude the city from levying a wholesale merchant's license issuance fee or license tax on an affiliated entity on those sales by the affiliated entity to a nonaffiliated entity, notwithstanding the fact that the wholesale merchant's license tax would be based upon purchases from an affiliated entity; such tax shall be based on the purchase price of the goods sold to the nonaffiliated entity. As used in this subsection the term "sales by the affiliated entity to a nonaffiliated entity" shall mean sales by the affiliated entity to a nonaffiliated entity where goods sold by the affiliated entity or its agent are manufactured or stored in the commonwealth prior to their delivery to the nonaffiliated entity.
(11)
On any insurance company subject to taxation under Virginia Code § 58.1-2500, et seq.
(12)
On any bank or trust company subject to taxation under Virginia Code § 58.1-1200, et seq., unless otherwise allowed by Virginia Code § 58.1-1200, et seq.
(13)
Upon a taxicab driver, if the city has imposed a license tax upon the taxicab company for which the taxicab driver operates.
(14)
On any blind person operating a vending stand or other business enterprise under the jurisdiction of the Virginia Department for the Visually Handicapped, or a nominee of the Department, as set forth in Virginia Code § 63.1-164.
(15)
[Reserved.]
(16)
On an accredited religious practitioner in the practice of the religious tenets of any church or religious denomination. "Accredited religious practitioner" shall be defined as one who is engaged solely in praying for others upon accreditation by such church or religious denomination.
(17)
On or measured by receipts of a charitable nonprofit organization except to the extent the organization has receipts from an unrelated trade or business, the income of which is taxable under Internal Revenue Code Section 511, et seq. For the purpose of this subsection, "charitable nonprofit organization" means an organization which is described in Internal Revenue Code Section 501(c)(3) and to which contributions are deductible by the contributor under Internal Revenue Code Section 170, except that educational institutions shall be limited to schools, colleges and other similar institutions of learning.
(18)
On or measured by gifts, contributions, and membership dues of a nonprofit organization. Activities conducted for consideration which are similar to activities conducted for consideration by for-profit businesses shall be presumed to be activities that are part of a business subject to licensure. For the purpose of this subsection, "nonprofit organization" means an organization exempt from federal income tax under Internal Revenue Code Section 501 other than charitable nonprofit organizations.
(19)
On any venture capital fund or other investment fund, except commissions and fees of such funds. However, gross receipts from the sale and rental of real estate and buildings remain taxable by the city provided the real estate is located in the city and provided the city is authorized to tax such business and rental of real estate.
(20)
On or measured by receipts of a qualifying transportation facility directly or indirectly owned or title to which is held by the Commonwealth or any political subdivision thereof or by the United States as described in Virginia Code § 58.1-3606.1 and developed and/or operated pursuant to a concession under the Public-Private Transportation Act of 1995 (§ 56-556 et seq.) or similar federal law.
(21)
In any case in which the Department of Mines, Minerals and Energy determines that the weekly U.S. Retail Gasoline price (regular grade) for the Petroleum Administration for Defense District—Lower Atlantic Region ("PADD 1C") has increased by twenty (20) percent or greater in any one-week period over the immediately preceding one-week period and does not fall below the increased rate for at least twenty-eight (28) consecutive days immediately following the week of such increase, then, notwithstanding any tax rate on retailers imposed by this chapter, the gross receipts taxes on fuel sales of a gas retailer made in the following license year shall not exceed one hundred ten (110) percent of the gross receipts taxes on fuel sales made by such retailer in the license year of such increase. The department of mines, minerals and energy shall determine annually if such increase has occurred and remained in effect for such twenty-eight-day period. For license years beginning on or after January 1, 2006, every gas retailer shall maintain separate records for fuel sales and nonfuel sales and shall make such records available upon request by the commissioner. The provisions of this subsection shall not apply to any person or entity (i) not conducting business as a gas retailer in the city for the entire license year immediately preceding the license year of such increase or (ii) that was subject to a license fee in the city for the license year immediately preceding the license year of such increase.
(10-7-96, § 1; 11-3-97(2), § 1; 6-19-00(2); 9-16-02(1); 12-18-06(1), § 1)
(a)
Where, before the expiration of the time prescribed for the assessment of any license tax imposed pursuant to this chapter, both the commissioner and the taxpayer have consented in writing to an extension allowing the assessment to be made after such time, the tax may be assessed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. This provision relating to agreements extending the period for assessing tax shall be effective for agreements entered into on and after July 1, 1996.
(b)
If the commissioner ascertains that any license issuance fee or license tax has not been assessed for the current license year or any of the three (3) preceding license years, or that the same has been assessed at less than the law requires, the commissioner shall assess the license issuance fee or license tax for such year or years at the rate or rates prescribed for that tax year or years, adding thereto penalty and interest. Interest may be computed upon the taxes and penalty from the first day following the due date in the year in which such taxes should have been paid and shall accrue thereon from such date until payment; provided, if such assessment was necessitated through no fault of the taxpayer, such penalty and interest shall accrue after thirty (30) days from such date of assessment until payment.
(c)
Notwithstanding Virginia Code § 58.1-3903, if the commissioner ascertains that because of a person's fraud or failure to apply for a license, any license issuance fee or license tax has not been assessed for the current license year or any of the six (6) preceding license years, or that the same has been assessed at less than the law requires, the commissioner shall assess the license issuance fee and license for such year or years at the rate or rates prescribed for that tax year or years. This subsection permitting a six-year reach back shall be construed to permit assessments of tax only for a license year beginning January 1, 1997, or thereafter.
(d)
Except as specified in instances of fraud or failure to apply in the preceding section, the period for collecting any local license issuance fee and license tax shall not expire: (i) prior to the period specified in Virginia Code § 58.1-3940, as amended, or (ii) two years after the final determination of an appeal for which collection has been stayed pursuant to section 19-32.1(b) or (d) of this chapter, or (iii) two years after the final decision in a court application pursuant to Virginia Code § 58.1-3984 or similar law for which collection has been stayed, whichever is later; or (iv) two years after the date of assessment if the period for assessment has been extended by agreement of the commissioner and the taxpayer.
(10-7-96, § 1; 11-3-97(2), § 1; 12-18-06(1), § 1)
(a)
Definitions. For purposes of this section:
Amount in dispute, when used with respect to taxes due or assessed, means the amount specifically identified in the administrative appeal or application for judicial review as disputed by the party filing such appeal or application.
Appealable event means an increase in the assessment of a local license tax payable by a taxpayer, the denial of a refund, or the assessment of a local license tax where none previously was assessed, arising out of the local assessing official's (i) examination of records, financial statements, books of account, or other information for the purpose of determining the correctness of an assessment; (ii) determination regarding the rate or classification applicable to the licensable business; (iii) assessment of a local license tax when no return has been filed by the taxpayer; or (iv) denial of an application for correction of erroneous assessment attendant to the filing of an amended application for license.
Frivolous means a finding, based on specific facts, that the party asserting the appeal is unlikely to prevail upon the merits because the appeal is (i) not well grounded in fact; (ii) not warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; (iii) interposed for an improper purpose, such as to harass, to cause unnecessary delay in the payment of tax or a refund, or to create needless cost from the litigation; or (iv) otherwise frivolous.
Jeopardize by delay means a finding, based on specific facts, that a taxpayer desires to (i) depart quickly from the locality; (ii) remove his property therefrom; (iii) conceal himself or his property; or (iv) do any other act tending to prejudice, or to render wholly or partially ineffectual, proceedings to collect the tax for the period in question.
(b)
Filing and contents of administrative appeal. Any person assessed with a local license tax as a result of an appealable event as defined in this section may file an administrative appeal of the assessment within one (1) year from the last day of the tax year for which such assessment is made, or within one (1) year from the date of the appealable event, whichever is later, with the commissioner of the revenue. The appeal must be filed in good faith and sufficiently identify the taxpayer, the tax periods covered by the challenged assessments, the amount in dispute, the remedy sought, each alleged error in the assessment, the grounds upon which the taxpayer relies, and any other facts relevant to the taxpayer's contention. The commissioner of revenue may hold a conference with the taxpayer if requested by the taxpayer, or require submission of additional information and documents, an audit or further audit, or other evidence deemed necessary for a proper and equitable determination of the appeal. The assessment placed at issue in the appeal shall be deemed prima facie correct. The commissioner of revenue shall undertake a full review of the taxpayer's claims and issue a written determination to the taxpayer setting forth the facts and arguments in support of his decision.
(c)
Notice of right of appeal and procedures. Every assessment made by a commissioner of the revenue pursuant to an appealable event shall include or be accompanied by a written explanation of the taxpayer's right to file an administrative appeal and the specific procedures to be followed in the jurisdiction, the name and address to which the appeal should be directed, an explanation of the required content of the appeal, and the deadline for filing the appeal.
(d)
Suspension of collection activity during appeal. Provided a timely and complete administrative appeal is filed, collection activity with respect to the amount in dispute shall be suspended until a final determination is issued by the commissioner of the revenue, unless the treasurer (i) determines that collection would be jeopardized by delay as defined in this section; (ii) is advised by the commissioner of the revenue that the taxpayer has not responded to a request for relevant information after a reasonable time; or (iii) is advised by the commissioner of the revenue that the appeal is frivolous as defined in this section. Interest shall accrue in accordance with the provisions of City Code section 14-12, but no further penalty shall be imposed while collection action is suspended.
(e)
Procedure in event of nondecision. Any taxpayer whose administrative appeal to the commissioner of the revenue has been pending for more than one (1) year without the issuance of a final determination may, upon not less than thirty (30) days' written notice to the commissioner of the revenue, elect to treat the appeal as denied and appeal the assessment to the tax commissioner. The tax commissioner shall not consider an appeal filed pursuant to the provisions of this subsection if he finds that the absence of a final determination on the part of the commissioner of the revenue was caused by the willful failure or refusal of the taxpayer to provide information requested and reasonably needed by the commissioner of revenue to make his determination.
(f)
Administrative appeal to the tax commissioner.
(1)
Any person assessed with a local license tax as a result of a determination, upon an administrative appeal to the commissioner of the revenue pursuant to this subsection, that is adverse to the position asserted by the taxpayer in such appeal, may appeal such assessment to the tax commissioner within ninety (90) days of the date of the determination by the commissioner of the revenue. The appeal shall be in such form as the tax commissioner may prescribe and the taxpayer shall serve a copy of the appeal upon the commissioner of the revenue. The tax commissioner shall permit the commissioner of the revenue to participate in the proceedings, and shall issue a determination to the taxpayer within ninety (90) days of receipt of the taxpayer's application, unless the taxpayer and the commissioner of revenue are notified that a longer period will be required. The appeal shall proceed in the same manner as an application pursuant to Virginia Code § 58.1-1821, and the Tax Commissioner may issue an order correcting such assessment pursuant to Virginia Code § 58.1-1822.
(2)
Suspension of collection activity during appeal. On receipt of a notice of intent to file an appeal to the tax commissioner, collection activity with respect to the amount in dispute shall be suspended until a final determination is issued by the tax commissioner, unless the treasurer (i) determines that collection would be jeopardized by delay as defined in this section; (ii) is advised by the commissioner of the revenue or the tax commissioner that the taxpayer has not responded to a request for relevant information after a reasonable time; or (iii) is advised by the commissioner of the revenue that the appeal is frivolous as defined in this section. Interest shall accrue in accordance with the provisions of City Code section 14-12, but no further penalty shall be imposed while collection action is suspended. The requirement that collection activity be suspended shall cease unless a judicial appeal is filed and served on the necessary parties within thirty (30) days of the service of notice of intent to file such appeal.
(3)
Implementation of determination of tax commissioner. Promptly upon receipt of the final determination of the tax commissioner, the commissioner of the revenue shall take those steps necessary to calculate the amount of tax owed by or refund due to the taxpayer consistent with the tax commissioner's determination and shall provide that information to the taxpayer and to the treasurer or other official responsible for collection in accordance with the provisions of this subdivision. If the determination of the tax commissioner sets forth a specific amount of tax due, the commissioner of the revenue shall certify the amount to the treasurer or other official responsible for collection, and the treasurer or other official responsible for collection shall issue a bill to the taxpayer for such amount due, together with interest accrued and penalty, if any is authorized, within thirty (30) days of the date of the determination of the tax commissioner. If the determination of the tax commissioner sets forth a specific amount of refund due, the commissioner of the revenue shall certify the amount to the treasurer or other official responsible for collection, and the treasurer or other official responsible for collection shall issue a payment to the taxpayer for such amount due, together with accrued interest, within thirty (30) days of the date of the determination of the tax commissioner. If the determination of the tax commissioner does not set forth a specific amount of tax due, or otherwise requires the commissioner of the revenue to undertake a new or revised assessment that will result in an obligation to pay a tax that has not previously been paid in full, the commissioner of the revenue shall promptly commence the steps necessary to undertake such new or revised assessment, and provide the same to the taxpayer within sixty (60) days of the date of the determination of the tax commissioner, or within sixty (60) days after receipt from the taxpayer of any additional information requested or reasonably required under the determination of the tax commissioner, whichever is later. The commissioner of the revenue shall certify the new assessment to the treasurer or other official responsible for collection, and the treasurer or other official responsible for collection shall issue a bill to the taxpayer for the amount due, together with interest accrued and penalty, if any is authorized, within thirty (30) days of the date of the new assessment. If the determination of the tax commissioner does not set forth a specific amount of refund due, or otherwise requires the commissioner of the revenue to undertake a new or revised assessment that will result in an obligation on the part of the locality to make a refund of taxes previously paid, the commissioner of the revenue shall promptly commence the steps necessary to undertake such new or revised assessment, and provide the same to the taxpayer within sixty (60) days of the date of the determination of the tax commissioner, or within sixty (60) days after receipt from the taxpayer of any additional information requested or reasonably required under the determination of the tax commissioner, whichever is later. The commissioner of the revenue shall certify the new assessment to the treasurer or other official responsible for collection, and the treasurer or other official responsible for collection shall issue a refund to the taxpayer for the amount of tax due, together with accrued interest, within thirty (30) days of the date of the new assessment.
(g)
Review of determination of tax commissioner.
(1)
Judicial review. Following the issuance of a final determination of the tax commissioner, the taxpayer or commissioner of the revenue apply to the city's circuit court for judicial review of the determination, or any part thereof, pursuant to Virginia Code § 58.1-3984. In any such proceeding for judicial review of a determination of the tax commissioner, the burden shall be on the party challenging the determination of the tax commissioner, or any part thereof, to show that the ruling of the tax commissioner is erroneous with respect to the part challenged. Neither the tax commissioner nor the department of taxation shall be made a party to an application to correct an assessment merely because the tax commissioner has ruled on it.
(2)
Suspension of payment of disputed amount of tax due upon taxpayer's notice of intent to initiate judicial review. Upon receipt of a notice of intent to file an application for judicial review of a determination of the tax commissioner, and upon payment of the amount of the tax that is not in dispute together with any penalty and interest then due with respect to such undisputed portion of the tax, the treasurer or other collection official shall further suspend collection activity while the court retains jurisdiction unless the court, upon appropriate motion after notice and an opportunity to be heard, determines that (i) the taxpayer's application for judicial review is frivolous, as defined in this section; (ii) collection would be jeopardized by delay, as defined in this section; or (iii) suspension of collection would cause substantial economic hardship to the locality. For purposes of determining whether substantial economic hardship to the locality would arise from a suspension of collection activity, the court shall consider the cumulative effect of then-pending appeals filed within the locality by different taxpayers that allege common claims or theories of relief. Upon a determination that the appeal is frivolous, that collection may be jeopardized by delay, or that suspension of collection would result in substantial economic hardship to the locality, the court may require the taxpayer to pay the amount in dispute or a portion thereof, or to provide surety for payment of the amount in dispute in a form acceptable to the court. No suspension of collection activity shall be required if the application for judicial review fails to identify with particularity the amount in dispute. The requirement that collection activity be suspended shall cease unless an application for judicial review is filed and served on the necessary parties within thirty (30) days of the service of the notice of intent to file such application. The suspension of collection activity authorized by this subdivision shall not be applicable to any appeal of a local license tax that is initiated by the direct filing of an action pursuant to Virginia Code § 58.1-3984 without prior exhaustion of administrative appeals provided by this section.
(3)
Suspension of payment of disputed amount of refund due upon locality's notice of intent to initiate judicial review. Payment of any refund determined to be due pursuant to the determination of the tax commissioner shall be suspended if the locality assessing the tax serves upon the taxpayer, within sixty (60) days of the date of the determination of the tax commissioner, a notice of intent to file an application for judicial review of the tax commissioner's determination pursuant to Virginia Code § 58.1-3984 and pays the amount of the refund not in dispute, including tax and accrued interest. Payment of such refund shall remain suspended while the court retains jurisdiction unless the court, upon appropriate motion after notice and an opportunity to be heard, determines that the locality's application for judicial review is frivolous, as defined in this section. No suspension of refund activity shall be permitted if the locality's application for judicial review fails to identify with particularity the amount in dispute. The suspension of the obligation to make a refund shall cease unless an application for judicial review pursuant to Virginia Code § 58.1-3984 is filed and served on the necessary parties within thirty (30) days of the service of the notice of intent to file such application. Interest shall accrue in accordance with the provisions of City Code section 14-12, but no further penalty shall be imposed while collection action is suspended.
(h)
Rulings. Any taxpayer or authorized representative of a taxpayer may request a written ruling regarding the application of a local license tax to a specific situation from the commissioner of the revenue. Any person requesting such a ruling must provide all facts relevant to the situation placed at issue and may present a rationale for the basis of an interpretation of the law most favorable to the taxpayer. Any misrepresentation or change in the applicable law or the factual situation as presented in the ruling request shall invalidate any such ruling issued. A written ruling may be revoked or amended prospectively if (i) there is a change in the law, a court decision, or the guidelines issued by the department of taxation upon which the ruling was based or (ii) the commissioner of revenue notifies the taxpayer of a change in the policy or interpretation upon which the ruling was based. However, any person who acts on a written ruling which later becomes invalid shall be deemed to have acted in good faith during the period in which such ruling was in effect.
(i)
Record-keeping and audits. Every person who is assessable with a local license tax shall keep sufficient records to enable the assessor to verify the correctness of the tax paid for the license years assessable and to enable the commissioner of revenue to ascertain what is the correct amount of tax that was assessable for each of those years. All such records, books of accounts and other information shall be open to inspection and examination by the commissioner of revenue in order to allow the commissioner to establish whether a particular receipt is directly attributable to the taxable privilege exercised within this jurisdiction. The commissioner of revenue shall provide the taxpayer with the option to conduct the audit in the taxpayer's local business office, if the records are maintained there. In the event the records are maintained outside this jurisdiction, copies of the appropriate books and records shall be sent to the commissioner's office upon demand.
(10-7-96, § 1; 11-3-97(2), § 1; 6-19-00(2); 9-16-02(1); 1-5-04(1), § 1; 11-15-04(1), § 2; 11-7-05(1), § 1)
(a)
Whenever the tax imposed by this chapter is measured by gross receipts, the gross receipts included in the taxable measure shall be only those gross receipts attributed to the exercise of a privilege subject to license at a definite place of business within the city. In the case of activities conducted outside of a definite place of business, such as during a visit to a customer location, the gross receipts shall be attributed to the definite place of business from which such activities are initiated, directed or controlled. The situs of gross receipts for different classifications of business shall be attributed to one (1) or more definite places of business or offices as follows:
(1)
The gross receipts of a contractor shall be attributed to the definite place of business at which his services are performed, or if his services are not performed at any definite place of business, then the definite place of business from which his services are directed or controlled, unless the contractor is subject to the provisions of Virginia Code Section 58.1-3715, as amended;
(2)
The gross receipts of a retailer or wholesaler shall be attributed to the definite place of business at which sales solicitation activities occur, or if sales solicitation activities do not occur at any definite place of business, then the definite place of business from which sales solicitation activities are directed or controlled; however, a wholesaler or distribution house subject to a license tax measured by purchases shall determine the situs of its purchases by the definite place of business at which or from which deliveries of the purchased goods, wares and merchandise are made to customers. Any wholesaler who is subject to license tax in the city and in another locality or other localities and who is subject to multiple taxation because the localities use different measures, may apply to the Virginia Department of Taxation for a determination as to the proper measure of purchases and gross receipts subject to license tax in each locality.
(3)
The gross receipts of a business renting tangible personal property shall be attributed to the definite place of business from which the tangible personal property is rented or if the property is not rented from any definite place of business, then to the definite place of business at which the rental of such property is managed; and
(4)
The gross receipts from the performance of services shall be attributed to the definite place of business at which the services are performed or, if not performed at any definite place of business, then to the definite place of business from which the services are directed or controlled.
(10-7-96, § 1; 11-3-97(2), § 1)
(a)
If a licensee has more than one (1) definite place of business and it is impractical or impossible to determine to which definite place of business gross receipts should be attributed under the general rule, the gross receipts of the business shall be apportioned between the definite places of businesses on the basis of payroll. Gross receipts shall not be apportioned to a definite place of business unless some activities under the application general rule occurred at, or were controlled from, such definite place of business. Gross receipts attributable to a definite place of business outside of the city shall not be attributed to the city solely because the other jurisdiction does not impose a tax on the gross receipts attributable to the definite place of business in such other jurisdiction.
(b)
The commissioner may enter into agreements with any other political subdivision of Virginia concerning the manner in which gross receipts shall be apportioned among definite places of business. However, the sum of the gross receipts apportioned by the agreement shall not exceed the total gross receipts attributable to all of the definite places of business affected by the agreement. Upon being notified by a taxpayer that its method of attributing gross receipts is fundamentally inconsistent with the method of one (1) or more political subdivisions in which the taxpayer is licensed to engage in business and that the difference has, or is likely to, result in taxes on more than one hundred (100) percent of its gross receipts from all locations in the affected jurisdictions, the commissioner shall make a good faith effort to reach an apportionment agreement with the other political subdivisions involved. If an agreement cannot be reached, either the Commissioner or taxpayer may seek an advisory opinion from the Virginia Department of Taxation pursuant to Virginia Code § 58.1-3701. Notice of the request shall be given to the other party. Notwithstanding the provisions of Virginia Code § 58.1-3993, when a taxpayer has demonstrated to a court that two (2) or more political subdivisions of Virginia have assessed taxes on gross receipts that may create a double assessment within the meaning of Virginia Code § 58.1-3986, the court shall enter such orders pending resolution of the litigation as may be necessary to ensure that the taxpayer is not required to pay multiple assessments even though it is not then known which assessment is correct and which is erroneous.
(10-7-96, § 1; 11-3-97(2), § 1)
(a)
The commissioner of the revenue shall designate some person in his office to act as license inspector of the city, and may designate such other persons in his office to act as deputy license inspectors as he may deem necessary and proper. The license inspector and all deputy license inspectors shall at all times be under the supervision and control of the commissioner of revenue.
(b)
The license inspector and deputy license inspectors shall ascertain the name of each person engaged in conducting any business, occupation, profession or other activity in the city without having obtained a license therefor pursuant to this chapter.
(c)
The license inspector and deputy license inspectors shall have the power and right, at all reasonable times, to examine the books and records of any taxpayer liable for taxes assessable under this chapter, with respect to the possible liability of any person using the facilities of such taxpayer, as well as with respect to the liability of the taxpayer whose books and records are so examined.
(d)
The license inspector is authorized and empowered to summons any person before him, in the office of the commissioner, and require the production of any or all of such persons' records, books and papers relevant to the matter under investigation. The license inspector is authorized and empowered to make other investigations and audits of the records, books and papers of such person, as the license inspector shall deem proper in order to accurately determine the proper return to be made by such person. If it shall appear that purchases, sales, amount of business or other matters pertinent to the assessment have been incorrectly reported or returned or underestimated, the license inspector and auditor shall make a report to the commissioner who, if he is satisfied that such person has made an incorrect report or return or an underestimate, shall assess such person with the proper city license tax and with such penalty as may be provided for in this chapter.
(e)
Any person who refuses to (i) furnish to the commissioner of revenue or his designated inspector access to books of account or other papers and records, (ii) furnish information to the commissioner of revenue or his designated inspector relating to the assessment of taxes, (iii) answer under oath questions touching any person's tax liability, or (iv) exhibit to the commissioner of revenue or his designated inspector any subject of taxation liable to assessment by the commissioner of revenue, shall be deemed guilty of a Class 3 misdemeanor. Each day's refusal to furnish such access or information shall constitute a separate offense. No person other than the taxpayer shall be convicted hereunder, unless such person has willfully failed to comply with a summons properly issued under Virginia Code § 58.1-3110.
(10-7-96, § 1; 9-16-02(1))
(a)
A separate license shall be required for each definite place of business and for each business. A person engaged in two (2) or more businesses or professions carried on at the same place of business may elect to obtain one (1) license for all such businesses and professions if all of the following criteria are satisfied:
(1)
Each business or profession is subject to licensure at the location and has satisfied any requirements imposed by state law or other provisions of the Code of the City of Charlottesville;
(2)
All of the businesses or professions are subject to the same tax rate, or, if subject to different tax rates, the licensee agrees to be taxed on all businesses and professions at the highest rate; and
(3)
The licensee agrees to supply such information as the commissioner may require concerning the nature of the several businesses and their gross receipts.
(10-7-96, § 1; 11-3-97(2), § 1)
(a)
Every person shall apply for a license for each business or profession when engaging in a business in the city if (i) the person has a definite place of business in the city; (ii) there is no definite place of business anywhere and the person resides in the city; (iii) there is no definite place of business in the city but the person operates amusement machines or is classified as an itinerant merchant, peddler, carnival, or circus, a contractor subject to Virginia Code § 58.1-3715, as amended, or a public service corporation; or (iv) when any person shall, by use of signs, circulars, cards or use of city newspapers or local radio or televisions stations, advertise any business, it shall be considered prima facie evidence of his liability under this chapter, and he shall be required to take out a license for such business.
(b)
Such application shall be written and delivered to the commissioner and shall state the residence of the applicant, the nature and proposed location of the business or profession. Such application shall be upon such form as may be prescribed by the commissioner of revenue. The commissioner shall keep such application on file in his office. Every underestimate or overestimate under this section shall be subject to correction by the commissioner, whose duty it shall be to review all estimated license taxes or issuance fees and assess any additional license taxes or fees as may be found to be due after the close of the license year on the basis of true sales, purchases, gross receipts or commissions. Any taxpayer who has overestimated shall be entitled to a refund of the amount overestimated.
(c)
The commissioner of revenue shall not knowingly issue a license for conducting any business, profession, trade or occupation at a location where the conduct of such business, profession, trade or occupation is prohibited by Chapter 34 of this Code.
(d)
Any person who is both a wholesale merchant and a retail merchant is hereby required to obtain both classes of licenses; provided, however, that any retail merchant who desires to do a wholesale business also may elect to do such wholesale business under his retailer's license, by paying license taxes under such articles as a retailer on both his retail business and his wholesale business: but this proviso shall not apply to any retail merchant the greater part of whose business at the licensed place during the next preceding year was wholesale, nor to a beginner the greater part of whose business is estimated will be wholesale for the period covered by the license.
(e)
Every person liable for a license issuance fee or license tax which, under this chapter, is based upon the amount of his actual or probable purchases, sales or commissions, or of the gross receipts from his business or profession, or graded in any other way shall, before he is granted such license, be required to make oath in writing before some notary public, not himself a state or city officer or directly or indirectly employed by such officer, or before the commissioner of revenue, upon forms furnished, showing the amount of his actual or probable purchases, sales or commissions, or of the gross receipts from his business or profession, or of the fair value of articles manufactured, processed or produced, or any other matter that may be pertinent to the assessment of the tax on such license. In the case of a corporation, such oath shall be made by the chief officer or agent resident in the city or in charge of the business, and in the case of an unincorporated firm, by any member thereof. The form of such oath shall be such that the application and oath shall be separately made and signed.
(f)
No license issued under this chapter shall be transferred from any person to another person, except for the continuation of the same business at the same location for which the license was originally issued. The fee for such transfer shall be five dollars ($5.00).
(g)
If any person shall make any false statement in any application or affidavit required by this section, he shall be guilty of a violation of this chapter.
(10-7-96, § 1; 11-3-97(2), § 1)
(a)
Each person subject to a license issuance fee or license tax shall apply for a license prior to beginning business if he was not subject to licensure in the city on or before January 1 of the license year, or no later than March 1 of the license year if he had been issued a license for the preceding year. The application shall be on forms prescribed by the commissioner.
(b)
The commissioner may grant an extension of time in which to file an application for a license, for reasonable cause not to exceed ninety (90) days. Any such extension shall be conditioned upon the timely payment of a reasonable estimate of the appropriate issuance fee and tax. The amount paid is then subject to adjustment at the end of the extension, together with interest from the due date until the date paid and, if the estimate submitted with the extension is found to be unreasonable under the circumstances, with a penalty of ten (10) percent of the portion paid after the due date.
(c)
All license issuance fees and license taxes imposed by this chapter shall be due and payable on or before March 1st of each license year, unless otherwise expressly provided. The tax shall be paid with the application in the case of any license not based on gross receipts. If the tax is measured by the gross receipts of the business, the tax shall be paid on or before March 1 or thirty (30) days after beginning business.
(d)
If the amount owed is not paid by the appropriate due date as set forth above, a penalty of ten (10) percent of the amount owed shall be imposed. In the case of an assessment of additional tax made by the commissioner, if the application, and if applicable the return, were made in good faith and the understatement of the tax was not due to any fraud, reckless or intentional disregard of the law by the taxpayer, there shall be no late payment penalty assessed with the additional tax. If any assessment of issuance fee or tax by the commissioner is not paid within thirty (30) days, the commissioner of revenue shall impose a ten (10) percent late payment penalty. If the failure to file and pay was not the fault of the taxpayer, the penalty shall not be imposed, or if imposed, shall be abated by the commissioner. In order to demonstrate lack of fault, the taxpayer must show that he acted responsibly and that the failure was due to events beyond his control. Only the late filing penalty shall be imposed by the commissioner if both the application and payment are late; however, both penalties may be assessed if the commissioner determines that the taxpayer has a history of noncompliance.
(e)
Interest at the rate of eight (8) percent per annum shall be charged on the late payment of the license issuance fee and license tax, commencing the first day following the day such taxes are due until the date paid in full, without regard to fault or other reason for the late payment.
(f)
Wherever an assessment of additional or omitted tax by the commissioner is found to be erroneous as a result of a final decision in an appeal taken pursuant to section 14-6, a refund shall be made to the taxpayer, consisting of the amount(s) erroneously assessed as well as all interest and any penalties charged and collected on the amount which was erroneously assessed. Interest shall be paid on such refund from the date of payment or due date, whichever is later, at the rate of eight (8) percent per annum. No interest shall be required to be paid on any such refund, if the amount of the refund is ten dollars ($10.00) or less.
(g)
Interest shall be paid on the refund of any tax from the date of payment or due date, whichever is later, whether attributable to an amended return or other reason; however, no interest shall accrue on an adjustment of estimated tax liability to actual liability at the conclusion of a base year, and no interest shall be paid on a refund or charged on a late payment, provided the refund or the late payment is made not more than thirty (30) days from the date of the payment that created the refund or the due date of the tax, whichever is later.
(h)
The provisions of this section relating to penalties and interest shall be applicable to assessments made on and after January 1, 1997, even if for an earlier license year.
(10-7-96, § 1; 11-3-97(2), § 1; 6-19-00(2)); 6-19-00(2); 9-16-02(1); 12-18-06(1), § 1)
(a)
Unless otherwise expressly provided in this chapter, all licenses shall be deemed to be issued for the current license year. No license issuance fee or license tax imposed by this chapter shall, upon issuance, be subject to proration for any portion of a license year, unless it be herein provided to the contrary.
(b)
The foregoing notwithstanding, for the 1997 license year only proration will be allowed for those persons who held a valid business license and paid taxes for such license for the tax year which began May 1, 1996. Those persons will be entitled to receive a .3333 or thirty-three and one-third (33 1/3 ) percent reduction in the amount owed in issuance fee and license tax for the twelve-month tax year beginning January 1, 1997. This transition provision is required on a one-time basis to avoid double taxation for the first four (4) months of 1997.
(c)
For the purpose of ascertaining the tax to be paid by every person beginning business whose license tax is based on sales, purchases, gross receipts or commissions, the license shall be based on the estimated amount of sales, purchases, gross receipts or commissions which will be made during the balance of the license year. Every underestimate or overestimate under this section shall be subject to correction by the commissioner of revenue, whose duty it shall be to review all estimated licenses and assess any additional licenses as may be found to be due after the close of the license year on the basis of true sales, purchases, gross receipts or commissions. Any taxpayer who has overestimated shall be entitled to a refund or credit of the amount so overestimated.
(d)
Licenses granted pursuant to this chapter shall be prorated only as follows:
(1)
Any business which has ceased permanently to do business within the city, the licensee shall be entitled to a refund, upon proper application, for the number of full months remaining in the license year after termination of operation. Businesses desiring such refunds, or their representatives, shall make application to the commissioner of revenue. The commissioner shall certify the amount of refund due to the treasurer and director of finance, who are authorized to pay such refunds from the current unappropriated balance of the general fund, without further appropriation by city council. No such refund shall be allowed unless application is made within two (2) years of the date the business ceased operation.
(2)
In the case of an annual issuance fee which is based on a flat rate rather than on gross receipts, such license shall, upon proper application, be prorated on a quarterly basis when the initial license for such business is being acquired with the applicant for such license being charged the fee for each unexpired quarter, or fractional part thereof, of the license year.
(10-7-96, § 1; 11-3-97(2), § 1)
(a)
Every person who is assessable with a local license issuance fee or license tax shall keep sufficient records to enable the commissioner to verify the correctness of the tax paid for the license years assessable and to enable the commissioner to ascertain the correct amount of tax that was assessable for each of those years. Those records shall include, but not be limited to, all invoices, records of all purchases and from whom made, records of all sales, records for all commissions, gross receipts, contracts and orders accepted and from whom received and with whom made, records of all sales, commissions, costs, receipts, contracts or orders accepted, and general books of account. All such records, books of accounts and other information shall be open to inspection and examination by the commissioner, license inspector and auditor, and deputy license inspector, to ascertain the correct amount of the tax that was assessable for each of those years and to make certain that all requirements of this chapter are met.
(b)
The commissioner shall provide the licensee with the option to conduct the audit in the taxpayer's local business office, if records are maintained there. In the event records are maintained outside the city, copies of the appropriate books and records shall be sent to the commissioner's office upon demand.
(c)
Whenever it comes to the knowledge of the commissioner that a person liable for a license issuance fee or license tax has not kept, or is not keeping and preserving the records herein provided for, the commissioner shall proceed to estimate the gross receipts of such person and assess such person with the license issuance fee or license tax provided by this chapter upon the business so estimated and, in addition, shall assess the penalty hereinafter provided for.
(d)
Every person who shall fail or refuse to keep the records required by this section shall pay a penalty of fifty dollars ($50.00). Any person who shall continue to violate the provisions of this section requiring such records to be kept, after written notice from the commissioner, shall be subject to a further penalty of fifty dollars ($50.00) for each month such violation shall continue after the giving of such notice.
(10-7-96, § 1; 11-3-97(2), § 1)
(a)
Except as otherwise provided herein, there shall be assessed and collected by the commissioner a license tax, at the rates and/or in the amounts specified herein following, with respect to each business for which a license is required by this chapter, except that no license tax shall be assessed and collected from any person whose gross receipts from a business subject to licensure are one hundred thousand dollars ($100,000.00) or less.
(b)
There shall be assessed and collected by the commissioner, with respect to each business for which a license is required, a thirty-five dollar ($35.00) issuance fee for businesses with gross receipts not exceeding fifty thousand dollars ($50,000.00), or a fifty dollar ($50.00) issuance fee for businesses with gross receipts more than fifty thousand dollars ($50,000.00) but not exceeding one hundred thousand dollars ($100,000.00), except that:
(1)
No license issuance fee shall be assessed and collected from any person whose gross receipts from a business subject to licensure are more than one hundred thousand dollars ($100,000.00), and
(2)
No license issuance fee shall be assessed and collected with respect to a business activity subject to a flat license tax (one not based upon gross receipts) pursuant to this chapter, and
(3)
No license issuance fee shall be assessed and collected from any person whose business is not assessable with such license fee pursuant to the provisions of § 58.1-3703(c) of the Virginia Code.
(10-7-96, § 1; 11-3-97(2), § 1; 3-20-17, § 1)
(a)
Any person engaging in any of the businesses hereinafter set forth on a contract basis or on such person's own account for sale is deemed a contractor or speculative builder and shall obtain a city business license for that activity. Such business activity is hereby classified as a Class I business for license tax purposes. The rate set forth shall be sixteen cents ($0.16) per one hundred dollars ($100.00) of gross receipts. For the purpose of license taxation the term "contractor" shall mean any person:
(1)
Accepting or offering to accept orders or contracts for doing any work on or in any building or structure requiring the use of paint, stone, brick, mortar, wood, cement, structural iron or steel, sheet iron, galvanized iron, metallic piping, tin, lead, other metals, or any other building material; and
(2)
Accepting or offering to accept contracts to do any paving, curbing or other work on sidewalks, streets, alleys, or highways, or public or private property, using asphalt, brick, stone, cement, concrete, wood or any composition; and
(3)
Accepting or offering to accept an order for or contract to excavate earth, rock or other material for foundation or any other purpose or for cutting of stone, brick, terra cotta or other material; and
(4)
Accepting or offering to accept an order or contract to construct any sewer of stone, brick, terra cotta or other material; and
(5)
Accepting or offering to accept orders or contracts for doing any work on or in any building or premises involving the erecting, installing, altering, repairing, servicing or maintaining electric wiring, devices or appliances permanently connected to such wiring, or the erecting, repairing or maintaining of lines for the transmission or distribution of electric light and power; and
(6)
Engaging in the business of plumbing and steam fitting.
The following types of businesses, among others, shall be considered part of this class: air conditioning, brick, stone and other masonry, building and carpentry, concrete and cement construction, dredging, electrical contracting, elevator installation, erecting and painting signs assessed as realty, floor sanding and finishing, foundation installation, grading, earth moving and excavation, housing moving, landscaping installation, painting and wallpapering, plastering and drywall installation, plumbing, heating and steamfitting, refrigeration, road, street or sidewalk paving and utility construction, roofing, sewer drilling and well digging, structural metal work, tile, glass, flooring and floor covering installation; and wrecking, demolition and removal.
(b)
No person engaged in business as a contractor who is also engaged in the business of speculative building, for which a license tax would be otherwise prescribed, shall be liable for a separate license. However, such persons shall include in gross receipts all of the costs of erecting the speculative buildings exclusive of the value of the land.
(c)
When a contractor's principal office is outside the city, and such contractor has no branch office within the city, and where such contractor has paid any local license tax required by the county, city or town in which his principal office and any branch office or offices may be located, no further license or license tax shall be required by the city; however, when the amount of business done by any such contractor in the city exceeds the sum of twenty-five thousand dollars ($25,000.00) in any license year, such contractor shall be required to obtain a city business license and to pay the business license tax imposed by the city. The amount of business done in the city may be deducted by the contractor from the gross revenue reported to the locality in which the principal office or any branch office of the contractor is located.
(1)
A contractor whose principal office is outside the city and who accepts contracts to be performed in the city, the completion of which would extend over a period of more than one (1) license year, shall be treated in the same manner as a beginner, and shall be required to file an estimate of the amount of gross receipts he will receive from such contracts during each year in which the contractor does business in the city. These estimates shall be subject to correction and adjustment at the end of each year by the commissioner of revenue in the same manner as adjustments are made for beginners' licenses under section 14-13.
(2)
Any contractor conducting business in the city for less than thirty (30) days, without a definite place of business in the city, shall be required to obtain a city business license and to pay the business license tax imposed by the city, if the amount of business done by the contractor in the city exceeds or will exceed the sum of twenty-five thousand dollars ($25,000.00) for the license year.
(d)
Every contractor who proposes to do work in the city, for which a permit must be obtained from the building official of the city, shall, upon making application for such permit, furnish that official and the commissioner of revenue a list of all his subcontractors. In the event any or all of such subcontracts have not been awarded at that time, the contractor shall furnish such list in writing to such officials immediately upon the awarding of such subcontracts, and shall not allow the work under any subcontract to proceed until the subcontractor shall have obtained the necessary city licenses for the then current year.
(e)
No business license shall be issued to any contractor who (i) has not obtained or is not maintaining workers' compensation coverage for his employees and (ii) at the time of application for the issuance or re-issuance of a business license is required to obtain or maintain such coverage pursuant to Chapter 8 (§ 65.2-800 et seq.) of Title 65.2 of the Code of Virginia (1950), as amended. At the time a contractor makes application for a business license he shall provide written certification that he is in compliance with the provisions of Chapter 8 of Title 65.2 and that he will remain in compliance with such provisions at all times during the effective period of any such business license. The contractor's signed certification will be forwarded to the Virginia Worker's Compensation Commission. Any person who knowingly presents or causes to be presented to the city a false certificate shall be guilty of a Class 3 misdemeanor.
(10-7-96, § 1; 11-3-97(2), § 1; 12-7-98(1); 11-1-99(1))
(a)
Generally. Any person defined as a "Retail merchant" in this chapter is classified as a Class II business for license tax purposes. Such persons shall pay an annual license tax at the rates hereinafter set forth.
(b)
Subclassification A. Retail merchants shall obtain a city business license and shall pay an annual license tax at the rate of twenty cents ($0.20) per hundred dollars ($100.00) of gross receipts. This subclassification shall include, but not be limited to:
(1)
General retailers, including short-term rental businesses, as defined in section 30-316 of this Code.
(2)
Junk dealers.
(3)
Opticians.
(4)
Restaurants.
The commissioner shall not issue a business license for a restaurant until the owner or operator has presented a valid permit from the health department, issued pursuant to Code of Virginia, Chapter 3 of Title 35.1.
(c)
Subclassification B. The following types of businesses shall obtain a city business license and shall pay an annual license tax at the rate of twenty cents ($0.20) per hundred dollars ($100.00) of gross receipts:
(1)
Bakeries.
(2)
Printers.
(3)
Motor vehicle dealers. A motor vehicle dealer may separately state the amount of tax applicable to each sale of a motor vehicle and add such tax to the sales price of the motor vehicle. It shall be unlawful for a motor vehicle dealer to collect an amount stated separately as such if such dealer knows the amount to be greater than the tax applicable to such sale. The failure of such merchant to recover the tax from the purchaser shall not relieve such merchant from the obligation to pay the tax to the city. The city may assess gross receipts taxes on a quarterly basis to such motor vehicle dealers during the year such receipts are earned. A motor vehicle dealer who collects excess business license tax shall exercise due diligence to refund such tax, in excess of one dollar ($1.00), to the purchaser within one hundred twenty (120) days of discovering such overpayment, and such dealer shall produce evidence of such refund to the commissioner of the revenue upon request. Any amounts that are not refunded to purchasers shall be remitted to the commissioner of the revenue. During a three-year period after receipt of such amounts by the commissioner of revenue, purchasers who produce documentation verifying such overpayments to the commissioner of the revenue and the treasurer, as the term is defined in Virginia Code § 58.1-3123, shall be entitled to a refund of such overpayment. At the expiration of this three-year period, the commissioner of the revenue shall consider these funds as additional business license tax. The city may recover from the motor vehicle dealer its costs of mailing, printing and other reasonably necessary administrative costs related to refunding such amounts to purchasers.
(d)
Subclassification C: Peddlers - Generally. Any person who carries from place to place any goods, wares or merchandise and offers to sell or barter or actually sells or barters and at the time of such sale, or exposure for sale delivers or offers to deliver the same to retail customers is a peddler. Any person who does not keep a regular place of business, with regular business hours, but at some vacant lot or other place offers to sell goods, wares and merchandise to retail customers, is a peddler. Any person who keeps a regular place of business, with regular business hours at the same place, who other than at that regular place of business, personally or through agents offers for sale or sells and, at the time of such offering for sale, delivers goods, wares and merchandise to retail customers, is a peddler.
Every peddler operating in the city shall obtain and maintain a current city business license and shall pay an annual license tax of one hundred twenty five dollars ($125.00).
Every vehicle used in peddling shall have conspicuously displayed thereon the name of the peddler, together with the street and number, city and state of his residence.
Any person selling or offering to sell as a peddler shall exhibit his license on demand of any citizen of this city; and upon his failure or refusal to do so, he shall be subject to the penalties for doing business without a license.
The word "peddler" or peddlers," as used in this section, shall be construed as including their bona fide employees.
This subsection shall not apply to wholesale merchants regularly licensed by the city and who shall at the same time sell and deliver merchandise to retail merchants.
Notwithstanding the foregoing, no city license shall be required of peddlers of wood, meat, milk, butter, eggs, poultry, fish, oysters, game, vegetables, fruit or other family supplies of a perishable nature grown or produced by them and not purchased by them for sale, or to the activities listed below in Section 14-20-(c).
All peddlers of family supplies of a perishable nature grown or produced by them and not purchased for sale shall annually file with the Commissioner of Revenue a certificate in duplicate under oath in which shall be given the name and post office address of the applicant, the location of the land on which the family supplies of a perishable nature are produced or are to be produced, whether the applicant is the owner thereof or renter, and in the latter case, the name of the landlord or owner and the time from which and to which the lease is to run.
Upon receipt of such certificate and such other evidence under oath as may be sufficient to establish the fact that the applicant is entitled to the certificate, the Commissioner shall endorse on one (1) copy of such certificate the fact and date of its filing and shall deliver such copy to the applicant. The applicant shall thereafter, at all times while engaged in peddling within this city, have such copy in his possession, and upon request by an officer of the city charged with enforcing of this chapter, exhibit such certificate. The Commissioner and his employees may administer the oaths required by this subsection.
Any peddler failing to exhibit such certificate in violation of this subsection, or making any false statement in the certificate or affidavit aforesaid, or by permitting the certificate to be used in the sale of any family supplies of a perishable nature not grown or produced by him shall be guilty of a Class 1 misdemeanor.
No city license shall be required of persons offering items for sale in the officially established city market created pursuant to Chapter 8 of this Code; provided, that such persons shall first obtain from the city's department of parks and recreation a producer's certificate pursuant to the provisions of this section for sale at the city market and at no other place. Such certificate may include farm produce, food stuffs, art work or handicrafts grown or produced by the seller, members of his family or farm laborers employed by the seller, and not purchased by the seller for resale. Such certificates shall be used by the producers themselves and shall in no case be transferable to any third parties. The Commissioner is authorized to delegate to the department of parks and recreation the authority to issue such certificates only for use at the city market.
(e)
Subclassification D: Itinerants. All persons, whether principal, agent or salesman, who engage in or transact any temporary or transient business in the city in one (1) or more places and who, for the purpose of carrying on such business, occupies any location for a period of less than a year, are itinerant merchants. All persons bringing to and exhibiting for sale to consumers at retail in the city, in trucks, in temporary places or fixed places of sale, goods or merchandise of any character as bankrupt, consignee, trustee, railroad wreck, fire, slaughter stock, leftover, exposition stock or stock of like nature are distressed merchandise vendors. Every itinerant merchant and distressed merchandise vendor shall obtain a city business license before doing business in the city. The annual tax on such license shall be one hundred twenty five dollars ($125.00).
(f)
Subclassification E: Show and sale. Any organization certified as exempt from taxation pursuant to the United States Internal Revenue Code § 501(c)(3) may sponsor a show and sale in the city, after taking out a city business license. The annual tax on such license shall be two hundred dollars ($200.00). A license issued under this section shall be in lieu of an itinerant merchant's license which would be otherwise required of any seller who participates in such show and sale under the sponsorship of such organization.
(g)
Subclassification F: Coin-operated retail.
(1)
Any person owning or placing in the city any machines of any description into which coins are inserted for the purpose of purchasing any article of merchandise shall obtain a city business license and shall pay an annual license tax on the gross receipts derived from all such machines located in the city, computed at the rate applicable to retail merchants, as set forth in subsection (a), above.
(2)
No part of this section shall be construed to apply to pay telephones or to machines used for the purpose of vending United States postage stamps.
(3)
Every person placing any machines required to be licensed hereunder in the city shall furnish to the Commissioner annually the location and the make of each machine owned. Every vending machine shall be plainly marked by the owner thereof with the name and address of such owner. Each license issued shall refer to the manufacturer's numbers of the machines whose gross receipts are included thereunder. If the machine has no such number, a facsimile or copy of such license shall be conspicuously posted on such machine.
(4)
Regularly licensed retail merchants paying a license tax on their sales at retail shall not be required to pay any separate vending machine license on such coin-operated machines which are located on the premises of their place of business, provided receipts from the machines are included in their reported gross receipts.
(10-7-96, § 1; 11-3-97(2), § 1; 11-1-99(1))
(a)
Generally. Persons engaged in the business of furnishing financial, real estate or professional services are classified as class III businesses for license tax purposes. Such persons shall obtain a city business license and shall pay an annual license tax at the rate specified for their particular subclassification as set forth in this section.
(b)
Subclassification A. The following types of businesses shall pay an annual license tax of fifty-eight cents ($0.58) per hundred dollars ($100.00) of gross receipts:
(1)
Chattel mortgage financing.
(2)
Consumer finance companies.
(3)
Installment financing.
(4)
Loan or mortgage companies.
(c)
Subclassification B. The following types of businesses having a main office within the city shall pay an annual license tax of twenty-five dollars ($25.00):
(1)
Savings and loan associations.
(2)
State chartered credit unions.
(d)
Subclassification C. The following types of businesses shall pay an annual license tax of fifty cents ($0.50) per hundred dollars ($100.00) of gross receipts:
(1)
Stockbrokers.
(2)
Dealers in securities or commodities.
(3)
Investment counselors and management services.
(4)
Any other financial service business not listed in another subclassification under this section.
(e)
Subclassification D. Persons engaged in the provision of real estate services shall pay an annual license tax of fifty-eight cents ($0.58) per hundred dollars ($100.00) of gross receipts.
Gross receipts of real estate brokers for business license tax purposes shall not include any amounts received by the broker which arise from real estate sales transactions to the extent that such amounts are paid to a real estate agent as a commission on any real estate sales transaction and the agent is subject to the business license tax on such receipts. The broker claiming this exclusion shall identify on its license application each agent to whom the excluded receipts have been paid, and the jurisdiction in which each agent is subject to business license taxes. In the event that a real estate agent receives the full commission from the broker less an adjustment for the business license tax paid by the broker on such commissions and the agent pays a desk fee to the broker, the desk fee and other overhead costs paid by the agent to a broker shall not be included in the broker's gross receipts. If the agent files separately, the agent must identify on its license application the broker to whom such excluded receipts have been paid and the amount of such receipts that were included in the broker's license application.
(f)
Subclassification E. Persons engaged in the provision of professional services shall pay an annual license tax of fifty-eight cents ($0.58) per hundred dollars ($100.00) of gross receipts. Professional services shall include but not be limited to:
(1)
Actuaries.
(2)
Architects.
(3)
Attorneys-at-Law.
(4)
Auditors and public accountants.
(5)
Dentists, orthodontists, endodontists and oral surgeons.
(6)
Engineers.
(7)
Land surveyors.
(8)
Optometrists, but not opticians.
(9)
Physicians, surgeons and practitioners of the healing arts, as defined in Virginia Code Section 54.1-2900.
(10)
Physical therapists.
(11)
Psychologists, social workers and marriage or family counselors.
(12)
Veterinarians.
(13)
Any other profession so classified by the Virginia Department of Taxation and/or by § 58.1-3700.1 of the Virginia Code.
(10-7-96, § 1; 11-3-97(2), § 1; 9-16-02(1))
(a)
Generally. Persons engaged in furnishing repair, personal or business services, not taxable under Classes I, II or III, are classified as Class IV businesses for license tax purposes. Such persons shall obtain a city business license and shall pay an annual license tax at the rate specified for their particular subclassification as set forth in this section.
(b)
Subclassification A. Persons engaged in the following types of businesses shall obtain a city business license and shall pay an annual license tax of thirty-six cents ($0.36) per hundred dollars ($100.00) of gross receipts:
(1)
Advertising agents.
(2)
Bondsmen.
(3)
Booking agents and concert promoters.
(4)
Business research services.
(5)
Claims adjusters.
(6)
Collection agencies.
(7)
Consultant services.
(8)
Drafting services.
(9)
Employment agencies and labor agents.
(10)
Engravers.
(11)
Graphic designers and commercial artists.
(12)
Interior decorators.
(13)
Landscape architects and designers.
(14)
Manufacturers' agents.
(15)
Merchandise brokers.
(16)
Piano tuners.
(17)
Public relations and promotional services.
(18)
Public stenographic services and court reporters.
(19)
Research and analytical laboratories.
(20)
Taxidermists.
(21)
Truckers' agents.
(22)
Tax return preparation and bookkeeping services.
(c)
Subclassification B. Persons engaged in the following types of businesses shall obtain a city business license and shall pay an annual license tax of thirty-six cents ($0.36) per hundred dollars ($100.00) of gross receipts:
(1)
Amusements and recreation services.
(2)
Billiard parlors and pool halls.
(3)
Bowling alleys.
(4)
Closed circuit television presentations.
(5)
Driving ranges, golf courses and miniature golf courses.
(6)
Motion picture theaters and drive-in theatres.
(7)
Schools of instruction, studios or tutors (operated for profit) in business skills, ceramics, art, music, dancing, sports or driver training; provided, that no tax shall be payable if more than fifty percent of the gross receipts of the school is derived from teaching children under the age of eighteen.
(8)
Skating rinks.
(9)
Theatrical performances (conducted for profit).
(d)
Subclassification C. Persons engaged in the following types of business shall obtain a city business license and shall pay an annual license tax of thirty cents ($0.30) per hundred dollars ($100.00) of gross receipts:
(1)
Airplane and helicopter rentals or charters and air taxi services.
(2)
Animal hospitals, boarding or grooming services, kennels or stables.
(3)
Automobile washing, waxing or cleaning services.
(4)
Armored car services.
(5)
Blacksmiths and wheelwrights.
(6)
Caterers.
(7)
Child care facilities, kindergartens, day nurseries and schools, conducted for profit and attended by ten or more students.
(8)
Coin operated amusements (in addition to the license required under section 14-55).
(9)
Computer service bureaus.
(10)
Furnishing of music to businesses and institutions.
(11)
Furniture repair, refinishing and upholstery.
(12)
Hauling on a contract basis of dirt, gravel or other materials.
(13)
Hospitals, nursing homes, rest homes, homes for the aged, mentally ill or retarded and similar facilities, if operated for profit.
(14)
Housecleaning and janitorial services, excluding domestic employees working solely on the premises of their employers.
(15)
Mailing and messenger services.
(16)
Moving, packing, crating, shipping or storage of household goods and chattels.
(17)
Outside agents, residing or maintaining an office within the state of Virginia, who sell to, offer to or take orders for goods from customers other than licensed merchants within the city.
(18)
Parcel delivery services.
(19)
Parking lots, garages and valet parking services, if operated for profit and if a charge is made to the customer.
(20)
Photographers, except transients who shall pay a tax of five dollars per week of operation in the city, and photographic services.
(21)
Picture framing and gilding.
(22)
Preparation of technical manuals.
(23)
Press clipping services.
(24)
Realty multiple listing services.
(25)
Rental or leasing of any item of tangible personal property or equipment.
(26)
Repairing motor vehicles, appliances, machinery, clocks and watches, or other personal property or equipment.
(27)
Reproduction services.
(28)
Septic tank maintenance and cleaning.
(29)
Shoemakers, shoe repairing and shoe shining.
(30)
Sign painters (unless taxable as contractors).
(31)
Swimming pool maintenance and cleaning.
(32)
Tabulation services.
(33)
Tailors.
(34)
Telephone answering services.
(35)
Travel agencies (taxable on gross commissions) and tour guides.
(36)
Tree surgeons, trimming and removal services.
(37)
Undertakers, embalmers and funeral services.
(38)
Welding, chrome plating and electroplating.
(39)
Towing or storage of motor vehicles.
(40)
Transient lodgings, including but not limited to, hotels, motels and tourist homes.
(41)
Yard and garden care and maintenance services.
(e)
Subclassification D. Persons engaged in the following types of businesses shall obtain a city business license and shall pay an annual license tax of twenty-five cents ($0.25) per hundred dollars ($100.00) of gross receipts:
(1)
Barbers and beauticians.
(2)
Exterminators.
(3)
Health clubs, gymnasiums, reducing salons, spas and sauna, steam or whirlpool baths.
(4)
Laundries (including coin-operated), dry cleaning, pressing and clothing storage, diaper, linen and uniform services, carpet and upholstery cleaners.
(5)
Machine shops.
(6)
Massage.
(7)
Rental of storage spaces of all types.
(f)
Subclassification E. Book publishers and binders shall obtain a city business license and shall pay an annual license tax of sixteen cents ($0.16) per hundred dollars ($100.00) of gross receipts on the first one hundred thousand dollars ($100,000.00), and five cents ($0.05) per hundred dollars ($100.00) of gross receipts in excess of one hundred thousand dollars ($100,000.00).
(g)
Subclassification F. Plumbers not licensable as contractors shall obtain a city business license and shall pay an annual license tax of sixteen cents ($0.16) per hundred dollars ($100.00) of gross receipts.
(h)
Subclassification G. Taxicabs, limousine services and private ambulances operated for profit shall pay an annual license tax of ten cents ($0.10) per one hundred dollars ($100.00) of gross receipts. This tax shall be in addition to any license or permit fee or franchise fee imposed pursuant to any other chapter of this Code.
(i)
Subclassification H. The following types of businesses shall obtain a city business license and shall pay an annual license tax of thirty-six cents ($0.36) per one hundred dollars ($100.00) of gross receipts:
(1)
Advertising distributors.
(2)
Auctioneers, excluding court appointed Commissioners or receivers and administrators, executors, guardians, trustees and other fiduciaries while acting in a fiduciary capacity.
(3)
Billboard rentals.
(4)
Book sales agents, coupon book sellers or agents, and other agents not included in any other classification under this article.
(5)
Commission merchants other than real estate.
(6)
Detectives and detective agencies, and security guards.
(7)
Livestock brokers.
(8)
Preparation and sale of city directories.
(9)
Raising and preparation of laboratory animals.
(10)
Vehicles with loudspeakers.
(11)
Pawnbrokers.
(12)
Any other repair, personal or business service not specifically included in any other subclassification under this section.
(10-7-96, § 1; 11-3-97(2), § 1)
(a)
Wholesale merchants are classified as Class V businesses for license tax purposes. Such persons shall obtain a city business license and shall pay an annual license tax as set forth in this section.
(b)
Every person engaged in the business of a wholesale merchant shall, for each separate place of business conducted in the city, pay a license tax on all purchases made of twenty-five cents ($0.25) per hundred dollars ($100.00) of gross receipts on the first fifty thousand dollars ($50,000.00), and sixteen cents ($0.16) per one hundred dollars ($100.00) in excess of $50,000.00 of gross receipts.
(c)
Notwithstanding the foregoing, a peddler at wholesale (meaning any person who sells or offers to sell goods, wares or merchandise to licensed dealers, other than at a definite place of business operated by the seller, and at the time of such sale, or exposure for sale, delivers or offers to deliver the goods, wares or merchandise to the buyer) shall pay an annual city license tax of $100.00 for each vehicle used in such business. For the purposes of this section, any delivery made on the day of sale shall be construed as a delivery at the time of sale. The license tax authorized by this subsection shall not apply to:
(1)
A licensed wholesale dealer who sells and, at the time of such sale, delivers merchandise to retail merchants;
(2)
A distributor of motor fuels and petroleum products;
(3)
A distributor or vendor of seafood who catches seafood and sells only the seafood caught by him;
(4)
A farmer or producer of agricultural products who sells only the farm or agricultural products produced or grown by him;
(5)
A farmer's cooperative association;
(6)
A manufacturer who is subject to Virginia tax on intangible personal property who peddles at wholesale only those goods, wares or merchandise manufactured by him at a plant, whose intangible personal property is taxed by the Commonwealth of Virginia.
(10-7-96, § 1; 11-3-97(2), § 1)
(a)
Generally. Water, heat, light and power companies (including, without limitation: electric service providers, gas utilities, and pipeline distribution companies), telephone, telegraph and cable television companies and other businesses owning or operating telegraph or telephone lines within the city, are classified as Class VI businesses for license tax purposes and each shall obtain a city business license and shall pay an annual license tax at the rates set forth in this section. Except as provided in paragraph 14-21(b), below, effective January 1, 2001, pursuant to Virginia Code § 58.1-3731, electric service suppliers, gas utilities and pipeline distribution companies shall not be required to obtain a city business license, or to pay the annual license tax required by this section with respect to sales of electricity and natural gas in the tax year commencing on January 1, 2001 or thereafter.
(b)
Subclassification A. Water, heat, light and power companies (including, without limitation: electric service providers, gas utilities, and pipeline distribution companies), telephone and telegraph companies and any other business that owns or operates any telegraph or telephone lines within the city, shall pay an annual license tax of one-half of one percent of gross receipts derived from sales to the ultimate consumer in the city. The taxable gross receipts of telephone companies shall exclude receipts for interstate toll charges, as well as charges for long distance telephone calls. Effective January 1, 2001, in accordance with Virginia Code § 58.1-3731, the license tax imposed by this paragraph shall not be imposed on electric service providers, gas utilities or pipeline distribution companies with respect to sales on or after January 1, 2001. However, on or before March 1, 2001, with respect to sales of electricity and natural gas in the tax year ending December 31, 2000, electric service suppliers, gas utilities, and pipeline distribution companies shall pay the business license tax required by this section.
(1)
With respect to sales of electricity and natural gas in the tax years beginning on and after January 1, 2001, electric service providers, gas utilities and pipeline distribution companies shall remit to the commissioner of revenue the local consumption taxes imposed by § 58.1-2900 and § 58.1-2904 of the Code of Virginia, as amended, as required by Virginia Code § 58.1-2901 and § 58.1-2905. Electric service providers, gas utilities and pipeline distribution companies shall commence monthly payments of these local consumption taxes on February 28, 2001. If any person required to remit such payments to the commissioner fails to do so, such person shall be guilty of a Class 1 misdemeanor. No conviction thereof shall relieve any such person from the payments required by law.
(2)
If the amount(s) owed pursuant to paragraph (b)(1), above are not paid by the appropriate due date, a penalty of ten (10) percent of the amount owed shall be imposed.
(c)
Subclassification B. Telegraph companies engaged in intrastate service shall pay an annual license tax of one hundred dollars ($100.00).
(d)
Subclassification C. Any person, firm, or corporation designated as the principal or prime contractor receiving identifiable federal appropriations for research and development services as defined in § 31.205-18(a) of the Federal Acquisition Regulations in the areas of (i) computer and electronic systems, (ii) computer software, (iii) applied sciences, (iv) economic and social sciences, and (v) electronic and physical sciences shall pay an annual license tax at the rate of three cents ($0.03) per one hundred dollars ($100.00) of gross receipts. If such person, firm or corporation satisfies the requirements of section 14-24(a) of this chapter, then the incentives provided by section 14-24(b) shall apply subject to all other requirements and provisions of section 14-24.
(e)
Subclassification D. Cable television companies furnishing video programming within the City shall pay an annual license tax of thirty-six cents ($0.36) per one hundred dollars ($100.00) of gross receipts.
(10-7-96, § 1; 11-3-97(2), § 1; 6-19-00(1), § 2; 6-19-00(2); 10-2-00)
(a)
Every person producing or handling for sale any alcoholic beverage, mixed beverage, beer and/or wine, as defined within the Code of Virginia, Chapter 1 § 4.1-100, shall obtain a city license therefor, in addition to the state license required by the Virginia Alcoholic Beverage Control Board, and shall pay an annual local license tax in the maximum amount(s) specified within § 4.1-233 of the Virginia Code with respect to each state license required of such person.
(b)
The above licenses shall be in addition to and not in lieu of retail merchants' licenses measured by purchases, local retail merchants' license taxes measured by sales, and local restaurant license taxes measured by sales. In calculating local taxes with respect to such licenses, purchases or sales of alcoholic beverages shall be included in the base for measuring such local license taxes, the same as if the alcoholic beverages were nonalcoholic, and local merchants' and local restaurant license taxes shall be in addition to the local alcoholic beverage license taxes authorized by this section. In ascertaining the liability of (i) a beer wholesaler to local merchants' license taxation under this ordinance, and in computing the local wholesale merchants' license tax on such beer wholesaler, purchases of beer shall be disregarded, up to an amount which would be necessary to produce a wholesale merchant's license tax equal to the wholesale beer license tax paid by such wholesaler, and (ii) a wholesale wine licensee to local merchants' license taxation under this ordinance, and in computing the local wholesale merchants' license tax on such wholesale wine licensee, purchases of wine shall be disregarded up to the amount which would be necessary to produce a wholesale merchants' license tax equal to the local wholesale wine licensee license tax paid by such wholesale wine licensee. These licenses are not transferable.
(10-7-96, § 1; 11-3-97(2), § 1; 11-15-04(1), § 2)
Persons engaged in the following special categories of businesses shall obtain city business licenses and shall pay license taxes as follows:
(1)
On every carnival, the annual license tax shall be five hundred and fifty dollars ($550.00) per day. Every person who exhibits or gives a performance or exhibition of any carnival without the required license shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense. A "carnival" shall mean an aggregation of shows, amusements, concessions, eating places and riding devices, or any of them operating together on one (1) lot or street, or on contiguous lots or streets, moving from place to place, whether or not the same are owned and actually operated by separate persons.
(2)
Every person practicing the art of divination, fortunetelling, palmistry, astrology or phrenology, who shall practice the same in this city, shall pay an annual license tax of one thousand dollars ($1,000.00) per year.
(3)
On a circus, menagerie, tent show or other such exhibition or performance within the city, whether combined or separate, the license tax shall be one hundred fifty dollars ($150.00) for the first performance or exhibition, and one hundred dollars ($100.00) for each additional performance or exhibition. On a side show attached to or exhibiting with any circus, menagerie, tent show or other such exhibition or performance within the city, the license tax shall be twenty-five dollars ($25.00) for each performance or exhibition. No license shall be issued to any circus, menagerie, tent show or other such exhibition or performance unless and until the price of admissions and of seats shall have been previously generally published.
(4)
On every amusement operator, as defined in Virginia Code § 58.1-3720, the annual license tax shall be one hundred fifty dollars ($150.00).
(10-7-96, § 1; 11-3-97(2), § 1)
(a)
A "qualified technology business" is a business which meets each of the following criteria:
(1)
The business must constitute a "technology business," as that term is defined within City Code Chapter 2, Article XIV;
(2)
The business must not be operating under a certificate of public convenience issued by the Virginia State Corporation Commission;
(3)
The business must not be engaged in the provision of a "utility service" as that term is defined within section 30-221 of the City Code;
(4)
The business must certify that it expects to be engaged in a technology business throughout the tax year for which a reduction is sought (or, for new technology businesses which had not commenced doing business as of January 1 of the tax year for which application is made, for the balance of the tax year); and
(5)
The business must have submitted an application for qualification to the commissioner of revenue, on or before March 1st of the tax year for which a reduction of taxes is sought under this section. A separate application shall be required for each tax year. A business seeking to obtain a reduction of taxes under this section shall have the burden of demonstrating, to the satisfaction of the commissioner, that it meets the definition of a technology business and that it meets all applicable criteria for a reduction.
(b)
The following incentives, in the form of reduction of taxes owed, shall be available to qualified technology businesses:
(1)
For a qualified technology business whose gross receipts from a technology business subject to licensure are one hundred thousand dollars ($100,000.00) or less, any license fee which would otherwise be required by this chapter shall be reduced by one hundred (100) percent for no more than seven (7) years.
(2)
A qualified technology business whose gross receipts from a technology business subject to licensure are more than one hundred thousand dollars ($100,000.00) shall receive a fifty (50) percent reduction of any taxes owed pursuant to this chapter for no more than seven (7) years.
Where a qualified technology business' license tax is determined pursuant to section 14-13(c) of this chapter, the commissioner shall determine the appropriate reduction based on the actual tax owed by the business for a tax year, as may be corrected by the commissioner.
(c)
Except as otherwise specifically provided, nothing set forth within this section shall affect a technology business's status or classification for tax purposes, its obligation to report gross receipts and to file tax returns, or to pay any license issuance fees or local taxes under this chapter. Nothing contained in this section shall relieve any technology business from its obligation to comply with the requirements of section 14-11, or any other section, of this chapter.
(d)
The tax incentives provided by this section shall be available to qualified technology businesses through the tax year ending on December 31, 2016. A qualified technology business shall receive the applicable tax reduction for no more than seven (7) tax years.
(6-19-00(1), § 3; 11-20-06(3); 11-21-11(1); 11-21-16; 3-20-17, § 1)
(a)
The words, terms and phrases used in this chapter shall have the meanings ascribed to them in the state law adopted by section 15-3, except where the context clearly indicates a different meaning.
(b)
Throughout this chapter, the terms "street," "city street" and "alley," whether used alone or in combination, shall each mean and refer to the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel within the City of Charlottesville, and shall be synonymous with the term "highway" defined within section 15-3, below.
(9-20-04(2))
Cross reference— Definitions and rules of construction generally, § 1-2.
It shall be unlawful for any person to violate any provision of this chapter or any rule or regulation promulgated pursuant to this chapter, including any provisions of state law incorporated into this chapter by reference as set forth within section 15-3, below. Unless otherwise provided, each such violation shall constitute a traffic infraction punishable by a fine of not more than that provided for a Class 4 misdemeanor under Virginia Code § 18.2-11, plus any additional monetary penalty that may be allowed by law for serious traffic offenses.
(Code 1976, § 16-15; 1-4-93; 9-20-04(2))
State Law reference— Similar provisions, Code of Virginia, § 46.2-113.
(a)
Pursuant to the authority of Code of Virginia, sections 46.2-1300 and 46.2-1313, all of the provisions and requirements of the state set forth within the following provisions of the Code of Virginia, are hereby adopted, mutatis mutandis, and incorporated by reference, as if set forth herein verbatim, except those provisions and requirements which, by their very nature, can have no application to or within the city:
(1)
Title 46.2, in its entirety;
(2)
Title 18.2, Chapter 7, Article 2 (§ 18.2-266 et seq.), in its entirety; and
(3)
Title 16.1, Chapter 11, Article 9 (§ 16.1-278 et seq.), in its entirety.
The above-referenced provisions refer to those in effect on the effective date of this ordinance and to any future amendments to those provisions, and to successor titles, chapters, articles and sections as they may become effective.
(b)
Any references to "highway" or to "highways of the state" contained in any of the above-referenced state code provisions shall be deemed to refer to the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel within the City of Charlottesville.
(Code 1976, § 16-1; 8-7-89, § 1; 9-20-04(2))
(a)
The city traffic engineer, subject to direction and approval by the city manager, shall have general supervision and control of the operation and parking of vehicles in the interest of public safety, comfort and convenience, consistent with the provisions of this chapter and state law.
(b)
The traffic engineer, subject to direction and approval by the city manager, shall have power to regulate traffic by means of traffic officers or traffic lights or other signaling devices on any portion of the street where traffic is heavy or continuous, or where in his judgment conditions may require, and may regulate the use of the streets by processions or assemblages.
(c)
The traffic engineer shall also have the authority, subject to direction and approval by the city manager, to:
(1)
Erect and maintain upon the sidewalks and streets of the city such signs, signals and other devices for controlling traffic, and for regulation of parking, as he may deem necessary, including, without limitation signs designating spaces for loading zones, bus stops, taxicab stands and other places in which no parking will be permitted other than by the type of vehicle indicated on such sign. Nothing contained within this section 15-4 shall authorize the traffic engineer to establish any loading zone on the Downtown Pedestrian Mall, as that term is defined within City Code section 28-2.
(2)
Require all vehicles to come to a full stop or to yield the right-of-way at any street intersection other than vehicles on a street which has been designated as a part of the primary system of state highways.
(3)
Designate by appropriate signs or markers one-way streets and truck routes.
(4)
Enact and enforce additional regulations, and to repeal, amend or modify any regulations, for controlling traffic on city streets, designating the time, place and manner in which vehicles may be allowed to park, stop or stand on city streets (including the installation and maintenance of parking meters and establishment of parking meter zones), and prescribing the rates and time limits for parking meters in various locations, all as he shall deem necessary and consistent with applicable provisions of the City Code.
(5)
Reduce, for a temporary period not to exceed sixty (60) days, without an engineering and traffic investigation, the speed limit on any portion of any city street on which work is being done or where the street is under construction or repair.
(6)
Decisions of the traffic engineer, and regulations enacted by him, shall be set forth in writing.
(7)
It shall be unlawful for any person to violate regulations adopted by the traffic engineer pursuant to the authority granted within this section. No regulations adopted shall be deemed to be violated if, at the time of an alleged violation, any sign or designation required under the terms of this chapter was missing, effaced, obscured by brush or trees, mutilated or defaced, so that an ordinarily observant person, under the same circumstances, would not be aware of the existence of such regulation.
(d)
Any proposal of the traffic engineer to regulate parking pursuant to this section, when such regulation would be or remain effective for thirty (30) days or more, shall be set forth in writing and advertised for a period of at least fourteen (14) days ("public comment period") prior to taking effect. Notice of the proposed regulation (i) shall be posted on the city's website, (ii) shall be provided in writing to affected city agencies, and (iii) shall be posted along any street(s), or portions thereof, that are the subject of the decision. The traffic engineer may provide such additional notice of a proposed regulation as they deem reasonable and necessary. Following the required public comment period, the traffic engineer may make any changes he deems appropriate and shall prepare a final, written decision, which shall take effect on the date on which such decision is signed by the traffic engineer.
(e)
Any city resident, and any person who owns a business located within the city, may submit a petition to the city manager, seeking (i) to establish or eliminate any on-street parking regulation that is or would be effective for a period of longer than thirty (30) days, or (ii) to appeal a final decision of the traffic engineer rendered pursuant to paragraph (d), above, of this section. The petition shall be made in writing. Petitions to establish or eliminate a regulation shall be signed by no fewer than three (3) city residents or business owners, and the names and city addresses of those persons shall be legibly printed on the face of the petition. The written petition shall state the purpose(s) of the request and shall identify the specific location(s) at which changes are requested or, when an appeal is taken, a statement of the basis of the appeal.
(1)
With respect to any petition that proposes to establish or eliminate a parking regulation that is or would be effective for a period of longer than thirty (30) days, the city manager shall refer the petition to the traffic engineer for review. The traffic engineer shall prepare a proposed ruling upon the petition and his proposed ruling shall be subject to public comment following the procedures set forth in paragraph (d) of this section. Following the required public comment period, the traffic engineer may make any changes he deems appropriate and shall prepare a final written decision on the petition, which shall take effect on the date on which such decision is signed by the traffic engineer, which date shall be no later than six (6) weeks from the date the petition was received by the city manager.
(2)
With respect to any petition that seeks to appeal a final decision rendered pursuant to paragraph (d), or paragraph (e)(1), above, the city manager shall refer the petition to the traffic engineer for review and comment. The city manager shall render a final decision on such petition within ten (10) days of receiving it, and the city manager's decision shall not be subject to any further administrative appeal(s) under this section.
(f)
No vehicles shall be authorized to drive or park on the Downtown Pedestrian Mall (as that term is defined within City Code section 28-2), except as permitted pursuant to City Code section 15-151 or pursuant to a permit issued by the city manager or city traffic engineer pursuant to City Code section 28-5.
(g)
It shall be unlawful for any person to violate any regulation, sign, signal or other device for controlling parking or traffic which has been established by the city traffic engineer as authorized by this section 15-4.
(h)
Subject to the requirements of subparagraph (d), above, the city manager may exercise any authority granted to the city traffic engineer within this section.
(i)
It shall be the duty of the city manager and director of neighborhood development services to insure the maintenance of records reflecting decisions, actions and regulations made by the city manager and traffic engineer pursuant to this section. Any regulations enacted pursuant to this section shall be prepared in a form approved by the city attorney's office.
(Code 1976, §§ 16-2, 16-3; Ord. of 2-5-01, § 1; 4-21-03(1); 9-20-04(2); 11-15-04(2), § 1)
Persons using the sidewalks and streets of the city shall comply at all times and places with any direction by voice, hand, whistle, sign or signal from any member of the police force as to the starting, stopping, slowing, parking, loading or unloading of vehicles or the discharge of passengers.
(Code 1976, § 16-4)
Officers of the fire department may direct or assist the police in directing traffic at or in the immediate vicinity of a fire, and while so acting, shall have all the authority of peace officers.
(Code 1976, § 16-6)
(a)
The city manager and the traffic engineer shall have the authority to regulate the operation of vehicles on the highways in the city in the event of snow, sleet, hail, freezing rain, ice, water, flood, high wind or storm or the threat thereof. In addition to the general powers granted by this section, the city manager and the traffic engineer may:
(1)
Prohibit parking or operating vehicles on designated streets.
(2)
Authorize the designation and posting of streets as snow routes. It shall be unlawful for any person to obstruct or impede traffic on a street designated and posted as a snow route by reason of his failure to have the vehicle operated by him equipped with snow tires or chains.
(3)
Prohibit the abandoning of vehicles on designated streets.
(4)
Authorize the removal of vehicles that are stalled, stuck, parked or abandoned on designated streets.
(5)
Authorize the storing of removed vehicles and the imposition of reasonable charges for removal and storage.
(6)
Authorize the designation of certain streets, or portions thereof, as play areas for sledding and similar recreational activities. The city shall not be liable in any civil action or proceeding for damages resulting from any injury to the person or property of any person caused by an act or omission constituting simple or ordinary negligence on the part of any officer or agent of the city in the designation or operation of any such play area. The city may be liable in damages for the gross or wanton negligence of any of its officers or agents in the operation of any such play area.
(b)
In addition to the removal, storage and charges therefore for vehicles violating the rules and regulations adopted pursuant to this section, any person guilty of a violation of rules and regulations adopted pursuant to this section shall be fined not more than fifty dollars ($50.00) for each such offense.
(Code 1976, § 16-7; 9-20-04(2))
State Law reference— Authority for above section, Code of Virginia, § 46.2-1302.
It shall be unlawful for any person to operate, or for the owner thereof to permit the operation of, upon a street of the city any motor vehicle, trailer or semitrailer without having displayed thereon the license plates and license decals assigned thereto by the state department of motor vehicles for the current registration period, whenever such license plates and decals are required by state law.
(Code 1976, § 16-12)
State Law reference— Similar provisions, Code of Virginia, § 46.2-613.
(a)
The driver of a vehicle involved in an accident shall file with the police department a report of the accident or a copy of any report required by law to be filed with the state department of motor vehicles. All such reports shall be for the confidential use of the police department, and shall be subject to the provisions of Code of Virginia, chapter 3, article 11 (§ 46.2-371 et seq.), of title 46.2.
(b)
The police department shall make accident reports available for inspection, and shall furnish copies of the motor vehicle accident report and photographs, only to the following persons: any person involved or injured in the accident or his attorney, or any authorized representative of any insurance carrier reasonably anticipating exposure to civil liability as a consequence of the accident. The police department shall charge a fee for copies of the reports and photographs, in the amount of fifteen dollars ($15.00), and shall not furnish such copies to the requesting person until such fee is paid.
(Code 1976, § 16-11; 4-13-04(3), § 1; 9-20-04(2))
State Law reference— Authority of city to require accident reports, Code of Virginia, § 46.2-381.
(a)
Subject vehicles. For each and every calendar year, every person who owns or leases any motor vehicle, trailer or semitrailer that is normally garaged, stored or parked within the city for all or a portion of that year shall obtain a city license for such motor vehicle, trailer or semitrailer. If persons administering the provisions of this ordinance cannot determine where such motor vehicle is normally garaged, stored or parked, then such person shall be required to obtain a city license for the motor vehicle, trailer or semitrailer if he is a domiciliary of the City of Charlottesville.
(b)
Grace period. The owner of the subject motor vehicle, trailer or semitrailer shall contact the commissioner of the revenue, in order to register for the license(s) required by this section within thirty (30) days of (i) purchasing a state license plate for such motor vehicle, trailer or semitrailer, or (ii) becoming a resident of the city.
(c)
Application. Submission of the personal property tax return referenced within section 30-35 of the City Code shall constitute application for the license required by this section.
(d)
Approval. The license(s) required by this section shall be deemed granted upon (i) the city's receipt of the return required by section 30-35 of the City Code and payment of the license fee(s) required by section 15-37, below, and (ii) the city's receipt of payment in full of all personal property taxes which have been assessed with respect to the motor vehicle, trailer or semitrailer to be licensed. No motor vehicle, trailer or semitrailer shall be deemed licensed by the city until its owner has produced satisfactory evidence that all personal property taxes on such motor vehicle, trailer or semitrailer to be licensed have been paid, as well as satisfactory evidence that any delinquent personal property taxes owing have been paid.
(10-17-05, § 2; 12-4-06)
Note— The provisions of section 15-36(a) and (b) shall become effective January 1, 2007.
(a)
Fee established. The license fee(s) required by this section shall be in addition to any personal property or other taxes applicable to the subject motor vehicle, trailer or semitrailer.
(b)
The annual fee for the licenses required by section 15-36 shall be as set forth below:
|
License Type
|
Situs Date Jan. 15—Mar. 31 Amount ($) |
Situs Date April 1—June 30 Amount ($) |
Situs Date July 1—Sept. 30 Amount ($) |
Situs Date Oct. 1—Dec. 15 Amount ($) |
| Passenger car, 4,000 pounds or less | $28.50 | $21.35 | $14.25 | $7.10 |
| Passenger car, more than 4,000 pounds, and trucks | 33.50 | 25.10 | 16.75 | 8.35 |
|
Motor vehicles operated or used for rent or hire, up to 13,000 pounds:
|
||||
| 5,499 or less | 22.70 | 17.00 | 11.35 | 5.65 |
| 5,500—10,000 | 29.35 | 22.00 | 14.65 | 7.30 |
| 10,001—10,499 | 30.70 | 23.00 | 15.35 | 7.65 |
| 10,500—11,000 | 32.40 | 24.30 | 16.20 | 8.10 |
| 11,001—11,499 | 33.90 | 25.40 | 16.95 | 8.45 |
| 11,500—12,000 | 35.75 | 26.80 | 17.85 | 8.90 |
| 12,001—12,499 | 37.35 | 28.00 | 18.65 | 9.30 |
| 12,500—13,000 | 39.40 | 29.55 | 19.70 | 9.85 |
| Motor vehicles operated or used for rent or hire, more than 13,000 pounds | 69.40 | 52.05 | 34.70 | 17.35 |
| Motorcycles | 8.50 | 6.35 | 4.25 | 2.10 |
|
Trailers and semitrailers:
|
||||
| Registered gross weight (pounds) 1,500 or less | 10.00 | 7.50 | 5.00 | 2.50 |
| Registered Gross Weight (pounds) 1,501—4,000 | 20.50 | 15.35 | 10.25 | 5.10 |
| More than 4,000 | 25.50 | 19.10 | 12.75 | 6.35 |
(c)
When fee dues and payable. License fees for all vehicles shall be due and payable on the same due date as that of the first tax bill for each license year. If any license fee owed pursuant to this article is not paid on or before its due date, then the treasurer may add the cost of any fee incurred by the city pursuant to § 46.2-752(J), to the license fee due and owing to the city.
(d)
Proration. The annual license fee required for a motor vehicle or trailer that acquires a situs within the city during the license year shall be as set forth in the table in section 15-37(b), above. When any motor vehicle or trailer loses its situs in the city or changes ownership after January 15 and before October 1 of the license year, any vehicle license fee assessed on such vehicle shall be relieved, and any amount of the vehicle license fee already paid shall be refunded, on a prorated basis as set forth in the table in section 15-37(b), above, for the remaining portion of the license year; provided, however, that in the case of a change in situs, a refund shall be made only if a similar license fee for the same period has been assessed on the motor vehicle or trailer in another jurisdiction and proof is received of payment of said assessment.
(e)
Conflict with state law. Nothing in this section shall be construed as imposing a license fee on any such vehicle in excess of the amount authorized by state law.
(f)
Collection. The city treasurer shall, after the due date of any license fee required by this section, collect such license fee in accordance with the provisions of § 58.1-3919 of the Virginia Code and any other applicable state law. Additionally, the treasurer shall have the authority to take action any authorized by § 46.2-752(J) of the Virginia Code.
(10-17-05, § 2; 12-4-06)
Note— The provisions of this section 15-37 shall become effective January 1, 2007.
(a)
The following shall be exempt from the annual license and license fee required by this article:
(1)
One (1) motor vehicle owned by any member in good standing of the volunteer organizations known and designated as the Charlottesville Fire Company and the Charlottesville-Albemarle Rescue Squad, and every member in good standing of an Albemarle County Volunteer Fire Company who resides within the corporate limits of the city. In determining the availability of this exemption with respect to a particular motor vehicle, the treasurer shall utilize the membership list provided to the commissioner of revenue pursuant to section 30-39 of the City Code. Any person who ceases to be a member in good standing of any such organization shall pay the appropriate license tax on such vehicle for the balance of the license year, prorated on the same basis as provided in section 15-37(d), above.
(2)
Any motor vehicle, trailer or semitrailer owned by the Charlottesville Fire Company and the Charlottesville-Albemarle Rescue Squad.
(3)
Any motor vehicle referenced within § 46.2-755 of the Virginia Code;
(b)
The exemption authorized by this section shall be denied to an otherwise qualified person, if such person has failed to timely pay personal property taxes due and owing with respect to any motor vehicle owned by such person.
(10-17-05, § 2)
(a)
On or after August 1, 2005, it shall be unlawful for the city-resident owner of any moped, electric personal-assistive mobility device, or electric power-assisted bicycle to operate such vehicle or device, or permit its operation, unless the vehicle or device is currently licensed pursuant to the provisions of this section. For the purposes of this section the terms moped, electric personal assistive mobility device, and electric power-assisted bicycle shall mean and refer to the vehicles defined by those terms within § 46.2-100 of the Virginia Code. Any such vehicles operated or parked on any city street and not displaying a current, valid license plate, sticker or decal issued by the city shall be reputably presumed to be operated in violation of this section. This licensing requirement shall not apply to any vehicles or devices owned by the city and operated by a public safety officer.
(b)
Application for the required license shall be made by the owner to the city treasurer. The application shall contain information identifying the owner, his city address, and a serial number and description of the vehicle or device for which a license is sought (including the make and model). Upon receipt of a proper application, the treasurer shall issue the license and a license plate, sticker or decal to be attached to the vehicle or device for which the license is issued. The fee for the license required by this section shall be twenty-five dollars ($25.00). When a license plate, sticker or decal is lost, stolen, mutilated or otherwise becomes illegible, a duplicate may be furnished by the city treasurer upon payment of two dollars ($2.00) to the city treasurer. An owner shall be allowed to purchase only one (1) duplicate at two dollars ($2.00) per license year; additional duplicates within the same license year must be purchased at the fee for a new license.
(c)
Licenses shall be issued on a license-year basis. A new license year shall begin on August 1 of each calendar year. In the event ownership of the vehicle or device is transferred to a different person during the license year, the new owner shall update the license to reflect the new ownership and address information, by making application to the city treasurer and submitting payment of a fee of two dollars ($2.00).
(d)
It shall be unlawful for the person to whom any license plate, tag or decal is issued under this section to affix such to any vehicle or device other than that for which it is issued.
(e)
It shall be unlawful for the owner to display on any vehicle or device subject to the requirements of this section any license plate, tag or decal after its expiration date.
(9-20-04(3), § 1; 10-17-05, § 2)
Note— Formerly § 15-52.
(a)
No vehicle shall be driven or moved on any highway unless the vehicle is constructed or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. However, sand or any substance for increasing traction during times of snow and ice may be dropped for the purpose of securing traction, or water or other substances may be sprinkled on a roadway in cleaning or maintaining the roadway by the commonwealth or a local government agency having that responsibility.
(b)
Any person operating a vehicle from which any glass or objects have fallen or escaped which could constitute an obstruction or damage a vehicle or otherwise endanger travel upon a public highway shall immediately cause the highway to be cleaned of all glass or objects and shall pay any costs therefor.
(c)
A violation of this section shall constitute a Class 1 misdemeanor.
Cross reference— Penalty for Class 1 misdemeanor, § 1-11; littering, § 26-1.
State Law reference— Similar provisions, Code of Virginia, § 10.1-1424.
No person shall back a vehicle to the sidewalk, except for the purpose of loading or unloading. Each hour a vehicle shall remain backed up to a sidewalk over and above such time as may be necessary for such purpose shall constitute a separate offense. No person shall obstruct the streets while loading or unloading such vehicle, when instructed by a police officer to move out of the way.
(Code 1976, § 25-13)
(a)
Tractor trucks (defined as any motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the load and weight of the vehicle attached thereto) and any other trucks of more than two (2) axles, with the exceptions described in subsection (b) of this section, are prohibited from using the following city streets:
(1)
Jefferson Park Avenue from its intersection with Fontaine Avenue and Maury Avenue to its intersection with Harris Road.
(2)
Harris Road from its intersection with Fifth Street, S.E. to its intersection with Jefferson Park Avenue and Camellia Drive.
(3)
Park Street from the 250 Bypass to the northern city limits.
(4)
North Avenue from Park Street to Sheridan Avenue.
(5)
Calhoun Street from Sheridan Avenue to St. Clair Avenue.
(6)
Locust Avenue.
(7)
St. Clair Avenue from the 250 Bypass to Peartree Lane.
(8)
Belleview Avenue from River Road to St. Clair Avenue.
(9)
Watson Avenue from the westbound Locus Avenue ramp to Park Street.
(10)
Brandywine Drive from Hydraulic Road to its intersection with Greenbrier Drive.
(11)
Greenbrier Drive from Brandywine Drive to its intersection with Rio Road.
(12)
Old Lynchburg Road from its intersection with Jefferson Park Avenue to the southern City limits.
(13)
Altavista Avenue from its intersection with Monticello Avenue to Sixth Street.
(14)
Shamrock Road from Cherry Avenue to Jefferson Park Avenue.
(15)
Franklin Street.
(b)
The streets listed in subsection (a) of this section may be used by tractor trucks and other trucks with more than two (2) axles only for the purpose of making deliveries or pick-ups of goods or passengers on that street, or when use of such street is the only safe means of access to another nearby street. The above-described portion of Park Street may also be used by trucks otherwise prohibited when those trucks are making deliveries or pick-ups on Rio Road between its intersection with the city limits and its intersection with Greenbrier Drive.
(c)
This section shall have no application to pickup trucks, which are defined as "any motor vehicle designed for the transportation of property with a registered gross weight of seven thousand five hundred (7,500) pounds or less".
(Code 1976, § 10-9.1; 10-2-89; 12-20-93; 1-19-99(1); 8-18-08; 8-16-10(1); 11-17-14)
State Law reference— Authority for above section, Code of Virginia, § 46.2-1304.
It shall be unlawful for any person to drive, ride or operate a motorized vehicle in those por tions of the cemeteries, parks or on public school property in the city or any property appurtenant thereto which is not part of a public road, without authorization from the appropriate cemetery, park or school officials. For the purposes of this section, "motorized vehicle" shall have its ordinary meaning and shall include, but shall not necessarily be limited to, mopeds, motorcycles, three-wheel and four-wheel recreational vehicles, cars and trucks.
(Code 1976, § 16-10)
The driver of any vehicle on the streets of this city shall yield the right-of-way to a pedestrian crossing such street within any clearly marked crosswalk whether at mid-block or at the end of any block, or at any unmarked regular pedestrian crossing at the end of a block, except at intersections where the movement of traffic is being regulated by traffic officers or traffic direction devices.
(Code 1976, § 16-14)
State Law reference— Similar provisions, Code of Virginia, § 46.2-924.
No person shall drive any vehicle upon a street of this city at a speed in excess of:
(1)
Twenty-five (25) miles per hour in a business or residential district unless otherwise prescribed by the proper authorities of the city pursuant to the provisions of Code of Virginia, section 46.2-1300.
(2)
Thirty-five (35) miles per hour, except in business or residential districts and except as otherwise provided in this article or unless otherwise prescribed by the proper authorities of the city pursuant to the provisions of Code of Virginia, section 46.2-1300.
(Code 1976, § 16-9; 11-18-02(1))
State Law reference— Similar provisions, Code of Virginia, §§ 46.2-874, 46.2-875.
Except as otherwise provided in this article, no person shall drive a vehicle at a speed in excess of thirty-five (35) miles per hour on any highway other than an interstate highway, if the vehicle is being used as a school bus carrying children, and forty-five (45) miles per hour on interstate highways; provided, that for any such vehicle which neither takes on nor discharges children between its point of origin and point of destination, the speed limit shall be forty-five (45) miles per hour.
(Code 1976, § 16-9)
State Law reference— Similar provisions, Code of Virginia, § 46.2-871.
The maximum speed limit shall be twenty-five (25) miles per hour between portable signs, tilt-over signs or fixed blinking signs placed in or along any street and bearing the word "School" or the words "School Crossing". In the school crossing zones surrounding Clark Elementary School, Greenbrier Elementary School, Jackson-Via Elementary School and Venable Elementary School, the maximum speed limit shall be fifteen (15) miles per hour between portable signs, tilt-over signs or fixed blinking signs placed in or along any street and bearing the word "School" or the words "School Crossing". Any signs erected under this section shall be placed not more than six hundred (600) feet from the limits of the school property or crossing in the vicinity of the school which is used by children going to and from the school; provided, that such crossings are not more than five hundred (500) yards from the limits of the school property and the city council approves such crossing for such signs. Such portable signs shall be furnished and delivered by the city. It shall be the duty of the principal or chief administrative officer of each school or some responsible person designated by the school board, preferably not a classroom teacher, to place such portable signs in the street at a point not more than six hundred (600) feet from the limits of the school property and remove such signs when their presence is no longer required by this section. Such portable signs shall be placed in position plainly visible to vehicular traffic approaching from either direction, but shall not be placed so as to obstruct the street. Such portable signs, tilt-over signs or blinking signals shall be in a position or be turned on for thirty (30) minutes preceding regular school hours and for thirty (30) minutes thereafter and during such other times as the presence of children are in such school property or going to and from school reasonably requires a special warning to motorists.
(Code 1976, § 16-9; 4-5-10(2))
State Law reference— Similar provisions, Code of Virginia, § 46.2-873.
_____
Pursuant to a traffic engineering and traffic survey as required by Code of Virginia, section 46.2-1300, the following speed limits are imposed as hereinafter set forth and no person shall drive a vehicle at a speed in excess of such limits:
| Street |
From
|
To
|
Speed Limit (MPH) |
| Alderman Road | Ivy Road | Corporate limits (Univ. of Va.) | 25 |
| Angus Road | Emmet Street | Corporate limits | 25 |
| Avon Street | Levy Avenue | Druid Avenue | 25 |
| Avon Street | Druid Avenue | South corporate limits | 35 |
| Barracks Road | Corporate limits | Millmont Street | 35 |
| Barracks Road | Millmont Street | Rugby Road | 25 |
| Brandywine Drive | Hydraulic Road | Greenbrier Drive | 25 |
| Carlton Road | Monticello Road | Meade Avenue | 25 |
| Cedar Hill Road | Hydraulic Road | Angus Road | 25 |
| Cherry Avenue | Cleveland Avenue | 1st Street | 35 |
| Cleveland Avenue | Cherry Avenue | Jefferson Park Avenue | 25 |
| Elliott Avenue | 1st Street | Ware Street | 35 |
| Elliott Avenue | Ware Street | Monticello Avenue | 25 |
| Emmet Street | Jefferson Park Avenue | Ivy Road | 25 |
| Emmet Street | Ivy Road | Arlington Boulevard | 35 |
| Emmet Street | Arlington Boulevard | Hydraulic Road | 40 |
| Fontaine Avenue | Corporate limits | Jefferson Park Avenue | 35 |
| Grady Avenue | Preston Avenue | Rugby Road | 25 |
| Greenbrier Drive | Brandywine Drive | Rio Road | 25 |
| Harris Road | Jefferson Park Avenue | 5th Street Extended | 25 |
| High Street | Long Street (Rt. 250) | 9th Street | 25 |
| High Street | 9th Street | Preston Avenue | 25 |
| Hydraulic Road | Emmet Street (Rt. 29) | Route 250 By-Pass | 25 |
| India Road | Route 29 | Dead end | 25 |
| Ivy Road | Corporate limits | Emmet Street | 35 |
| Jefferson Park Avenue | Harris Road | Cleveland Avenue | 25 |
| Jefferson Park Avenue | Cleveland Avenue | Fontaine Avenue | 30 |
| Jefferson Park Avenue | Fontaine Avenue | Emmet Street | 35 |
| Jefferson Park Avenue | Emmet Street | West Main Street | 25 |
| Line Drive | India Road | Zan Road | 25 |
| Locust Avenue | High Street | Locust Lane | 25 |
| Madison Avenue, N.W. | Two hundred fifty feet north of Grady Avenue | Preston Avenue | 25 |
| Main Street | E. 9th Street | W. 14th Street | 25 |
| Market Street | Corporate limits | Preston Avenue | 25 |
| Maury Avenue | Jefferson Park Avenue | Stadium Road | 25 |
| Meade Avenue | Market Street | High Street | 25 |
| Meadowbrook Heights Road | Route 250 By-Pass | Yorktown Drive | 25 |
| McIntire Road | Preston Avenue | Route 250 By-Pass | 35 |
| Monticello Avenue | South corporate limits | Blenheim Avenue | 35 |
| Monticello Avenue | Blenheim Avenue | Avon Street | 25 |
| Monticello Avenue | Avon Street | Ridge Street | 25 |
| Monticello Road | Monticello Avenue | 9th Street Bridge | 25 |
| Old Lynchburg Road | Corporate limits | Jefferson Park Avenue | 25 |
| Park Street | North corporate limits | High Street | 25 |
| Preston Avenue | Rugby Road | 10th Street | 25 |
| Preston Avenue | 10th Street | Market Street | 35 |
| Ridge Street | Main Street | End of maintenance | 25 |
| Rose Hill Drive | Preston Avenue | Rugby Avenue | 35 |
| Rugby Road | University Avenue | Preston Avenue | 25 |
| Rugby Road | Preston Avenue | Barracks Road | 25 |
| Seminole Court | Route 29 | Dead end | 25 |
| Shamrock Road | Jefferson Park Avenue | Cherry Avenue | 25 |
| Stadium Road | Emmet Street | Corporate limits | 25 |
| University Avenue | 14th Street | Emmet Street | 25 |
| Water Street | Main Street | 9th Street | 25 |
| Yorktown Drive | Meadowbrook Heights Road | Brandywine Road | 25 |
| Zan Road | Route 29 | Seminole Court | 25 |
| 4th Street, N.W. | West Main Street | Preston Avenue | 25 |
| 5th Street, S.W. | Cherry Avenue | South corporate limits | 45 |
| 9th Street, E. | Levy Avenue | High Street | 25 |
| 9th Street, S.W. | Cherry Avenue | Main Street | 25 |
| 10th Street, N.W. | Main Street | Preston Avenue | 25 |
| 14th Street, N.W. | West Main Street | Two hundred fifty feet north of Grady Avenue | 25 |
| Route 250 By-Pass (Westbound) | East corporate limits | Westernmost McIntire Park Entrance | 35 |
| Route 250 By-Pass (Westbound) | Westernmost McIntire Park Entrance | West corporate limits | 45 |
| Route 250 By-Pass (Eastbound) | West corporate limits | Four hundred feet west of Emmet Street southbound ramp | 55 |
| Route 250 By-Pass (Eastbound) | Four hundred feet west of Emmet Street southbound ramp | Westernmost McIntire Park Entrance | 45 |
| Route 250 By-Pass (Eastbound) | Westernmost McIntire Park Entrance | East corporate limits | 35 |
(Code 1976, § 16-9; 1-19-99(1); 11-18-02(1); 5-7-12; 5-20-13(2); 10-21-13; 8-17-15(2); 8-17-15(3))
(a)
No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.
(b)
Whenever the city manager determines on the basis of a traffic engineering and traffic investigation that slow speeds on any part of a street consistently impede the normal and reasonable movement of traffic, the city manager may determine and declare a minimum speed limit to be set forth on signs posted on such street below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law.
(Code 1976, § 16-9)
State Law reference— Similar provisions, Code of Virginia, § 46.2-877.
(a)
Pursuant to § 46.2-878.2 of the Code of Virginia any person who operates a motor vehicle in excess of the maximum posted speed limit established for any portion of the streets or highways listed in paragraph (c) below, on or after the effective date, shall be guilty of a traffic infraction punishable by a pre-payable fine of two hundred dollars ($200.00), in addition to other penalties provided by law. The maximum speed limit and the penalty for speeding violations shall be displayed on appropriately placed signs on the designated streets. No portion of the fine shall be suspended unless the court orders twenty (20) hours of community service.
(b)
The criteria for the designation of streets that will be subject to the increased penalty for speeding shall include the following:
(1)
The street or highway is located in a residence district as defined in § 46.2-100 of the Code of Virginia;
(2)
The street or highway has a functional classification of minor arterial, collector or local street;
(3)
The portion of the street or highway subject to the penalty has a length of not less than three hundred (300) feet;
(4)
At the time of designation pursuant to this ordinance, the city traffic engineer, or her designee, has determined that a speeding problem exists on the street or highway, as documented by data demonstrating that motorists regularly exceed the posted speed limit by at least ten (10) miles per hour.
(c)
The following streets or highways, having been found to satisfy the criteria of paragraph (b), are hereby subject to the fine imposed by paragraph (a) herein:
(1)
Old Lynchburg Road from the City of Charlottesville corporate limits to the intersection with Jefferson Park Avenue;
(2)
Avon Street from the City of Charlottesville corporate limits to the intersection with Monticello Avenue;
(3)
Altavista Avenue from Monticello Avenue to Avon Street;
(4)
Elliott Avenue from Monticello Avenue to Ridge Street;
(5)
Brandywine Drive from Hydraulic Road to Yorktown Drive;
(6)
Franklin Street from Nassau Street to Market Street; and
(7)
Locust Avenue from Hazel Street to the 250 bypass.
The city council may, at any time, designate by ordinance additional streets or highways for an increased penalty where those streets meet the requirements of section (b) herein.
(Ord. of 7-2-07(2); 6-16-08(1); 10-5-09; 6-1-15(4), § 1, eff. 7-1-15)
Editor's note— It should be noted that § 2 of Ord. of 6-1-15(4) reads "On or before June 1, 2016 City Council will reexamine the enhanced penalties for speeding on Locust Avenue from Hazel Street to the 250 Bypass, by considering any alternative measures that would be more effective in reducing vehicle speeds on that street, including any recommendations or findings in the "Streets That Work" report."
The provisions of this article and regulations adopted pursuant hereto prohibiting the stopping, standing or parking of a vehicle shall apply at all times or at those times herein specified or as indicated on official signs, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device.
(Code 1976, § 16-24)
The provisions of this article and regulations adopted pursuant hereto imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times.
(Code 1976, § 16-25)
Editor's note— An ordinance adopted Nov. 15, 2004, § 2, repealed § 15-128, which pertained to authority of traffic engineer to regulate parking. See also the Code Comparative Table.
No person shall park a vehicle or permit it to stand, whether attended or unattended, upon a street in front of a private driveway, or within fifteen (15) feet in either direction of a fire hydrant or the entrance to a fire station, or within fifteen (15) feet of the entrance to a building housing rescue squad equipment or ambulances, provided such building is plainly designated, or within twenty (20) feet from the intersection of curb lines or, if none, within fifteen (15) feet of the intersection of property lines at an intersection of streets.
(Code 1976, § 16-28)
State Law reference— Similar provisions, Code of Virginia, § 46.2-1239.
All parking regulations contained in this article or promulgated by the traffic engineer, pursuant to section 15-128, shall be applicable to the roads, streets or alleys of the University of Virginia that lie within or adjoin the city limits. All parking regulations for those streets, which are not city streets, grounds or other areas of the university which lie within the city limits, shall be promulgated by the appropriate official of the University of Virginia. This section may be enforced by the city police or by persons appointed under the provisions of Code of Virginia, section 19.2-13. Any person prosecuted for a parking violation pursuant to this section shall be subject to a fine of not exceeding twenty dollars ($20.00).
(Code 1976, § 16-32)
State Law reference— Authority for above section, Code of Virginia, § 15.1-516.
(a)
Every member in good standing of the volunteer organizations known and designated as the Charlottesville Fire Company and the Charlottesville-Albemarle Rescue Squad, and every member in good standing of an Albemarle County volunteer fire company who resides within the corporate limits of the city shall be eligible for a special license tag or decal issued by the treasurer. Notwithstanding any other provision of this article, members of the city volunteer fire company or volunteer rescue squad who have been issued a special tag or decal by the city treasurer shall be permitted to park their vehicles displaying such special tags or decals in disregard of the provisions of sections 15-140 and 15-174(a), but shall comply with all other provisions of this article in the same manner as any other persons are required to comply therewith.
(b)
In determining whether to issue the license tag or decal referenced in paragraph (a), above, the treasurer shall utilize the membership list provided to the commissioner of revenue pursuant to section 30-39 of the City Code. Upon confirmation of eligibility, the treasurer shall issue to each such member a special license tag or decal which such member shall display on such vehicle as designated by the treasurer. Any person having been issued such special tag or decal who ceases to be a member in good standing of any such organization shall immediately surrender such special tag or decal to the treasurer and shall pay the appropriate license tax on such vehicle for the balance of the license year.
(Code 1976, § 16-55.1; 10-17-05, § 2)
(a)
The disabled person, vehicle owner or volunteer for an institution or organization to which disabled license plates or removable windshield placards have been issued pursuant to Code of Virginia, §§ 46.2-731, 46.2-739(B), or 46.2-1241 shall be permitted to park a vehicle properly displaying such license plate or placard for up to four (4) hours in disregard of the provisions of sections 15-140. It shall be unlawful for any such person to exceed the time limit specified in this paragraph.
(b)
The disabled person, vehicle owner, or volunteer for an institution or organization to which disabled parking license plates or removable windshield placards have been issued pursuant to Va. Code § 46.2-731, 46.2-739(B) or § 46.2-1241 shall be allowed to park the vehicle on which such license plates or placards are properly displayed for up to four (4) hours in metered parking spaces restricted as to length of parking time, in disregard of the provisions of section 15-174(a) and shall be exempted from paying parking meter fees for such meters. It shall be unlawful for any such person to exceed the time limit specified in this paragraph.
(c)
Except as provided in this section, disabled persons, vehicle owners, or volunteers for an institution or organization to which disabled license plates or removable windshield placards have been issued pursuant to Va. Code § 46.2-731, 46.2-739(B) or § 46.2-1241 shall be required to comply with all other provisions of this article.
(d)
For the purposes of this section, and for the purposes of section 15-133, the terms " disabled person" and " person with a disability" shall each have the same meaning as the term " person with a disability that limits or impairs his ability to walk " as set forth within Va. Code § 46.2-1240.
(e)
In any prosecution charging a violation of this section, proof that the vehicle described in the summons or parking ticket was parked in violation of this section, together with proof that the defendant was at the time the registered owner of the vehicle, shall constitute prima facie evidence that the registered owner of the vehicle was the person who committed the violation.
(Code 1976, § 16-43.2; 10-2-89; 9-20-04(2))
(a)
The city manager and traffic engineer may designate spaces on city streets (subject to the process set forth within City Code section 15-4) and within public parking lots of the city, and the owners or persons in control of parking areas of privately owned shopping centers and business offices open to the public, may designate spaces in such areas to be reserved for the exclusive use of persons with disabilities. Such designated spaces shall be identified by above-grade signs erected and maintained in accordance with the requirements of the Code of Virginia § 36-99.11; however, no violation of this section or of section 15-132 shall be dismissed for a property owner's failure to comply strictly with any requirements for disabled parking signs set forth in Va. Code § 36-99.11, provided that the applicable parking space is clearly distinguishable as a parking space reserved for persons with disabilities.
(b)
Any vehicle properly displaying a disabled parking license plate or removable windshield placard issued pursuant to Va. Code § 46.2-731, § 46.2-739(b) or § 46.2-1241 may be parked in a parking space reserved for persons with disabilities for up to twenty-four (24) hours, subject to the restrictions set forth in subsection (c) herein. It shall be unlawful for a vehicle not displaying disabled parking license plates or removable windshield placards issued pursuant to Va. Code § 46.2-731, § 46.2-739(b) or § 46.2-1241 to be parked in any space reserved for persons with disabilities.
(c)
It shall be unlawful for a person who is not disabled to park a vehicle in a parking space reserved for persons with disabilities, unless the vehicle is being used to transport a disabled person and is properly displaying a disabled parking license plate or removable windshield placard issued pursuant to Va. Code § 46.2-731, It shall be unlawful for a person who is not disabled to park a vehicle in a parking space reserved for persons with disabilities, unless the vehicle is being used to transport a disabled person and is properly displaying a disabled parking license plate or removable windshield placard issued pursuant to Va. Code § 46.2-731, § 46.2-739(B) or § 46.2-1241.
(d)
Any police officer or other uniformed personnel employed by the city, and any volunteer serving in a unit established by the chief of police to enforce violations of this section, may issue a summons or parking ticket for any violation of this section, and the owner of a private parking area shall not be required to obtain a warrant for or in connection with any such violation.
(e)
In any prosecution charging a violation of this section, proof that the vehicle described in the summons or parking ticket was parked in violation of this section, together with proof that the defendant was at the time the registered owner of the vehicle, shall constitute prima facie evidence that the registered owner of the vehicle was the person who committed the violation.
(Code 1976, § 16-43.2; 10-2-89; 9-20-04(2); 11-15-04(2), § 2; 9-8-09)
State Law reference— Authority for above section, Code of Virginia, § 46.2-1237.
Editor's note— Ord. of 10-17-05, § 1, repealed § 15-134, which pertained to parking vehicle not displaying current city license plate, sticker or decal. See also the Code Comparative Table.
It shall be unlawful for any person to park a vehicle next to a curb painted yellow.
(Code 1976, § 16-27)
(a)
It shall be unlawful for any person to park a vehicle with the left side of such vehicle next to the curb in such a manner as to have such vehicle facing the flow of traffic in the lane of traffic nearest to the curb at which such vehicle is parked.
(b)
It shall be unlawful for any person to park a vehicle next to a curb painted yellow.
(c)
In the absence of lines marked on a street to designate the limits of a parking space, it shall be unlawful for any person to park a vehicle further than twelve (12) inches from the curb or, where there is no curb, from the edge of the street pavement. The specified distance shall be measured to the curb-side tire positioned furthest from the curb or edge of pavement, except that for motorcycles the distance shall be measured to the tire nearest to the curb or edge of pavement.
(Code 1976, § 16-30; 9-15-03(2))
It shall be unlawful for any person to park a vehicle abreast of another vehicle parked on a street.
(Code 1976, § 16-31)
(a)
When signs are erected giving notice thereof, no person shall park a vehicle at any time upon any of the streets or parts of streets so signed.
(b)
No person shall park, stop or stand a vehicle at any time in any portion of a public park or cemetery, or any property appurtenant thereto, which is not part of a public street or road. This prohibition shall not apply to the following:
(1)
Vehicles owned by the city (or by a city contractor) being used for the clearing of debris, snow and ice, or for property maintenance activities;
(2)
Vehicles parked pursuant to specific authorization of a park or cemetery official, where such authorization is evidenced by a permit displayed on the vehicle or by a posted sign allowing the temporary parking of vehicles, or where such parking occurs in connection with a funeral taking place within the cemetery.
(3)
Emergency vehicles, such as police, fire and rescue vehicles, and ambulances.
(Code 1976, § 16-33; 4-21-03(2))
When any sign is erected in a block on a public street giving notice that parking is prohibited between certain specified hours, no person shall stop, stand or park a vehicle between the hours specified.
(Code 1976, § 16-34; 2-7-00(2))
When any sign is erected on a public street or public parking lot giving notice thereof, no person shall stop, stand or park a vehicle for longer than the time designated by such signs. For the purposes of this section, "public parking lot" shall mean any parking lot operated by the city.
(Code 1976, § 16-35; 2-7-00(2))
All vehicles, whether parked on a city street or in any public parking lot, shall be parked in accordance with any city signs, signals, street or parking lot markings and other devices for handling traffic or regulating parking. No part of any parked vehicle shall occupy any part of an adjoining parking space. For the purposes of this section "public parking lot" shall mean any parking lot operated by the city.
(Code 1976, § 16-36; 2-7-00(2); 9-15-03(2))
(a)
It shall be unlawful for any person to park or place any automobile, truck, trailer or other vehicle upon or in any street, alley or parkway for the purpose of selling or offering the same for sale or rent.
(b)
It shall be unlawful for any person to stop a vehicle at any time upon a street for the purpose of advertising any article of any kind, or to display thereupon advertisements of any article or advertisement for the sale of the vehicle itself.
(Code 1976, § 16-37)
No vehicle shall be parked on the following streets in the city between the hours of 3:00 a.m. and 5:30 a.m.:
(1)
Main Street, between Ridge Street and 10½ Street, West.
(2)
Water Street, between Fifth Street, East, and Main Street at Vinegar Hill.
(3)
Market Street, between Seventh Street, East, and High Street (Beck's Hill).
(4)
Second Street, West.
(5)
First Street.
(6)
Second Street, East.
(7)
Third Street, East.
(8)
Fourth Street, East.
(9)
Fifth Street, East, between Market Street and Water Street.
(Code 1976, § 16-38)
No bus or van designed to carry more than twelve (12) passengers and no truck, van, trailer, semitrailer or recreational vehicle with more than two (2) wheels per axle shall be parked on any of the streets of the city between the hours of 12:00 midnight and 6:00 a.m. following of any day.
(Code 1976, § 16-39)
The city manager may post "No Parking" signs on any of the city streets when necessary to facilitate the moving of traffic or the removal of snow, ice, leaves or other debris from such streets. It shall be unlawful for any person to park within the prohibited area after signs have been posted and prior to their removal, or to fail to remove a vehicle from any city street on which such "No Parking" signs have been erected within two (2) hours after such signs have been posted.
(Code 1976, § 16-40)
No lights need be displayed upon any vehicle parked within the city when such vehicle is parked in accordance with the provisions of this chapter.
(Code 1976, § 16-41)
State Law reference— Similar provisions, Code of Virginia, § 46.2-1037.
Editor's note— An ordinance adopted Nov. 15, 2004, § 2, repealed § 15-147, which pertained to designation of loading zones, bus stops, etc. See also the Code Comparative Table.
Every person convicted of parking or permitting a vehicle owned by such person to be parked in violation of this article shall be guilty of a traffic infraction punishable as prescribed in section 15-2.
(Code 1976, § 16-58)
(a)
A summons or parking ticket for violation of the city's parking regulations within this article may be issued by city police officers, other uniformed city employees authorized by the chief of police to enforce the provisions of this article, or by uniformed personnel serving under contract with the city. Any such summons or ticket shall be posted on the windshield of each vehicle found illegally parked on city streets or city operated parking lots. Such summons or parking ticket shall state that the recipient of the summons or ticket may elect to waive his or her right to appear and be tried for the offense indicated in the summons or ticket.
(b)
A person desiring to waive trial for a parking violation may do so by voluntarily remitting to the city treasurer's office the amount of the fine stipulated for each violation marked on the notice given pursuant to subsection (a) of this section. Such fine shall be levied in accordance with the schedule set forth in subsection (e) of this section. If the required amount is not received in the city treasurer's office, placed in the "courtesy box" located in the lobby of the police department or mailed and postmarked within ninety-six (96) hours after the notice of violation is issued, the amount of the applicable fine shall be doubled. Whenever a fine is paid by mail the responsibility for receipt of the payment by the treasurer's office shall lie with the registered owner of the vehicle involved. Payment may be made by personal check; provided, that if such check is returned for insufficient funds, the vehicle owner shall remain liable for the parking violation and shall likewise be subject to the service charge prescribed in section 11-8 of this Code for processing the returned check. Where the date on which a payment is due falls on a Saturday, Sunday, legal holiday or any other day on which the treasurer's office is closed, the payment shall be made on the next day that is not a Saturday, Sunday, legal holiday, or day on which the treasurer's office is closed.
(c)
Any recipient of a notice of a parking violation desiring to contest the charges cited in the notice shall, on forms provided by the treasurer, file a written request for review of the charges.
(1)
The facts of the request shall be reviewed by a representative of the traffic division of the police department, who shall determine whether the request should be approved or denied. If the request is approved the violation will be dismissed.
(2)
The recipient of a parking violation notice shall indicate on the request for review whether a hearing in court is requested in the event administrative review does not resolve the violation. If a court hearing is requested, and administrative review does not result in a dismissal of the violation, then the recipient of the violation will be notified to appear in court on a specific date. If the recipient declined to request a court hearing, and the request for review was made within ninety-six (96) hours of the violation, then the recipient of the violation notice shall have an additional ninety-six (96) hours after the administrative denial of his request to remit the fine to the treasurer before the amount thereof is doubled.
(d)
In the event that the recipient of a parking violation notice fails either (i) to timely pay the fine as specified in paragraphs (b) or (c)(2), above, or (ii) to request a court hearing as part of his request for review, then the unpaid ticket will be kept on file in the city treasurer's office until paid. Any vehicle for which there are three (3) or more unsettled parking violations shall be subject to towing or immobilization as provided in City Code section 15-301 and section 15-302.
(e)
The schedule of fines which may be paid under this section shall be as follows:
| Fine | After 96 Hours | |
| Meter violation | $15.00 | $30.00 |
| Overtime parking | 20.00 | 40.00 |
| Bus stop | 15.00 | 30.00 |
| Loading zone | 15.00 | 30.00 |
| Curb violation | 15.00 | 30.00 |
| Double parking | 20.00 | 40.00 |
| Fire lane | 25.00 | 50.00 |
| Blocking driveway | 20.00 | 40.00 |
| Parking permit area | 25.00 | 50.00 |
| Corner | 15.00 | 30.00 |
| No parking | 25.00 | 50.00 |
| Sign/marking violation | 15.00 | 30.00 |
| Handicapped | 180.00 | 360.00 |
| Snow emergency | 30.00 | 60.00 |
| Obstructing traffic | 30.00 | 60.00 |
| Sidewalks | 70.00 | 140.00 |
(Code 1976, § 16-59; 12-7-92; Ord. of 2-5-01; Ord. of 3-5-01(1), § 1; 3-5-01, § 1; Ord. of 5-21-01(3), § 1; 3-3-03(1); 9-15-03(2) ; 10-17-05, § 2; 11-6-06(1), § 1; 6-17-13; 7-17-17)
State Law reference— Code of Virginia, § 46.2-1220.
In any prosecution charging a violation of any provisions of this article regulating parking, proof that the vehicle described in the complaint, summons, parking violation notice or warrant was parked in violation of this article, together with proof that the defendant was, at the time, the registered owner of the vehicle, shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person who committed the violation.
(Code 1976, § 16-26.1)
State Law reference— Similar provisions, Code of Virginia, § 46.2-1220.
No person shall, except on such pavement and at such places as are provided for in section 28-20, drive or ride a vehicle upon a sidewalk, nor shall any person park, or allow any vehicle to park or stand on a sidewalk or upon a street crossing. Any person violating the provisions of this section shall be fined as set forth within section 15-149 (i.e., initial fine of seventy dollars ($70.00). If the required amount is not received in the city treasurer's office, placed in the "courtesy box" located in the lobby of the city police department or mailed and postmarked within forty-eight (48) hours after the notice of violation is issued, the amount of the applicable fine shall be doubled. For the purposes of this section, the term "sidewalk" shall include the Downtown Pedestrian Mall (as defined within section 28-2 of the City Code); however, no person shall commit a violation of this section when engaged in driving, riding, parking or standing of the following vehicles:
(1)
Vehicles owned by the city (or by a city contractor) being used for the clearing of debris, snow and ice, or for maintenance or repair of any sidewalk,
(2)
Vehicles displaying a permit issued by the city manager (or his designee) of the city engineer, to authorize certain construction-related activities, when being used for the purpose for which the permit has been issued. Such a permit may be issued to authorize the presence of vehicles that are essential to perform construction activities with respect to a building having frontage along the downtown pedestrian mall, or which are essential to the installation or removal of heavy equipment or fixtures to or from such a building; however, no such permit may be used to allow motor vehicles on the downtown pedestrian mall where such vehicles are merely used to transport or deliver persons or light tools to any such building.
(3)
Emergency vehicles, such as police, fire and rescue vehicles, and ambulances.
(12-7-92; 3-3-03(1); 4-21-03(1))
(a)
Idling the engine for a bus for more than fifteen (15) minutes when the bus is parked, left unattended, or is stopped for any reason other than traffic, maintenance, or loading or unloading a disabled passenger, is prohibited. This section shall not apply to school buses or public transit buses.
(b)
Each violation of this section shall be subject to a civil penalty of fifty dollars ($50.00).
(11-3-08(1))
The traffic engineer, with the approval of the city manager, is hereby authorized to establish and change from time to time parking meter zones on streets or parts of streets, and in municipally operated parking lots, where the parking of vehicles shall be regulated by parking meters. The traffic engineer shall follow the procedure set forth within City Code section 15-4.
(7-17-17)
(a)
Parking meters shall be installed in parking meter zones in reasonable proximity to each restricted parking space. Each meter shall allow payment for parking during a period of time for which parking is lawfully permitted in the applicable parking meter zone.
(b)
Each parking meter shall be so designed, constructed, installed and set that it will indicate at the time of payment the time period for which parking has been paid.
(c)
Each parking meter shall bear thereon a legend indicating the hours when the requirement for paid parking shall apply, the value and method of the required payment, and the limited period of time for which parking is lawfully permitted in the parking meter zone in which the meter is located.
(Code 1976, § 16-47; 7-17-17)
Within parking meter zones, each parking meter shall be placed in reasonable proximity to marked parking space(s) for which the meter is to be used.
(Code 1976, § 16-48; 7-17-17)
(a)
When a parking meter is erected giving notice thereof, no person shall stop, stand or park a vehicle in any metered parking space for a period of time longer than designated by the meter.
(b)
Every vehicle shall be parked wholly within a marked parking space with the front end of such vehicle facing in the direction of traffic.
(c)
No person shall park a vehicle in any designated parking meter space during the restricted and regulated time applicable to the parking meter zone in which the meter is located so that any part of the vehicle occupies more than one (1) such space, except that a vehicle which is of a size too large to be parked within a single designated meter space shall be permitted to occupy two (2) adjoining meter spaces when payment has been made for each space so occupied, whether occupied in whole or in part.
(Code 1976, §§ 16-45, 16-48; 7-17-17)
It shall be unlawful for any person to park any vehicle within the area designated as a parking meter zone, or within any municipally operated parking lot, for the purpose of making sales of any property to persons in the street or in such parking lot. This section shall not apply to the selling or delivery of goods sold within the buildings abutting on such streets or parking lots or to the city market.
(Code 1976, § 16-52; 7-17-17)
(a)
No person shall park a vehicle in any parking space within a metered parking zone, or within a municipally operated metered parking lot, unless payment for such parking has been made as required by this division.
(b)
No person shall permit a vehicle operated by him or under his control or registered in his name to be or remain parked in any metered parking space after the paid time in such space has expired. This provision shall not apply to the act of parking or the necessary time which is required to deposit payment in such meter.
(c)
No person shall park a vehicle on the same block in a parking meter zone for a consecutive period of time longer than that limited period of time for which parking is lawfully permitted in any single space on that block.
(d)
The provisions of this section shall apply to parking only on the days, and during such hours as are restricted within the applicable parking meter zone.
(e)
The provisions of this section shall not relieve any person from the duty to observe other and more restrictive provisions of this chapter and the state statutes prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times.
(7-17-17)
Editor's note— An ordinance adopted July 17, 2017, amended § 15-176 as set out herein. The former § 15-176 pertained to deposit of coins required; overtime parking and derived from Code 1976, §§ 16-49, 16-55.
Editor's note— An ordinance adopted July 17, 2017, repealed § 15-177, which pertained to purpose of required deposits and derived from Code 1976, § 16-53.
(a)
Commercial vehicles may be parked without payment, within metered spaces which are designated as loading and unloading zones; provided, that commercial vehicles may only occupy such spaces during the time necessary to complete actual operations of delivering or picking up merchandise.
(b)
Commercial vehicles which require only one (1) regular parking space may be parked anywhere in a meter zone at any time and for any purpose, if the required payment is made in the meter and if all other parking and meter regulations are complied with.
(c)
No commercial vehicle which requires more than one (1) regular parking space may be parked on University Avenue between 14th Street, West, and Chancellor Street, during the hours from 10:00 a.m. to 6:00 p.m. on any day.
(d)
No person shall stop, stand or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pick-up and loading of property in any place marked as a loading zone during hours when the provisions applicable to such zones are in effect. In no case shall the stop for loading and unloading of property exceed thirty (30) minutes.
(e)
The driver of a vehicle may stop temporarily at a loading zone for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any vehicle which is waiting to enter or about to enter such zone to load or unload property.
(f)
The driver of a passenger or commercial vehicle may use, without deposit of payment, a metered space for the purpose of promptly receiving or discharging any passenger.
(Code 1976, § 16-54; 7-17-17)
(a)
No person shall deposit or attempt to deposit in any parking meter any slug, button or other device or substance, other than a card or device identified on the meter as being an accepted form of payment.
(b)
Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.
(Code 1976, § 16-50; 7-17-17)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11; deposit of slugs in change machine, § 17-21.
(a)
No person shall deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter.
(b)
Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor, for a first offense. Subsequent violations of this section shall be punishable as set forth within Code of Virginia, § 18.2-152.
(Code 1976, § 16-51; 7-17-17)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11; damaging property generally, § 17-22 et seq.
State Law reference— Stealing from or tampering with meters, Code of Virginia, § 18.2-152.
The city council hereby finds and declares that this division and its related regulations are and should be enacted to allow imposition of on-street parking restrictions in certain designated areas of the city through the creation of residential parking zones and restricted parking blocks. Such restrictions are needed in order to reduce or prevent congestion and hazardous traffic conditions in residential areas, to protect those areas from polluted air, excessive noise and other adverse environmental impacts of automobile commuting, to protect the residents of these areas from unreasonable burdens in gaining access to their property and to preserve the residential character of such areas and the property values therein.
(5-21-01(1))
For the purposes of this division, the following words and phrases shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates a different meaning:
Affected household shall mean: (i) a single-family dwelling having an address on a public street within an existing or proposed restricted parking area, (ii) where lawful, a two-family dwelling having an address on a public street within an existing or proposed restricted parking area, and (iii) a multi-family dwelling (a structure arranged or designed to be occupied by three (3) or more families) having an address on a public street within an existing or proposed restricted parking area, but only if, in the determination of the city's traffic engineer, such multifamily dwelling does not have sufficient off street parking spaces to meet the city's minimum off street parking requirements for new construction. Where any dwelling referenced within (i)—(iii) is situated on a corner lot having street frontage along an existing or proposed restricted parking area, it will be deemed to have an address on such block; however, under no circumstances shall any corner-lot dwelling be eligible to receive parking permit(s) for more than one (1) restricted parking block. A rental unit without a full kitchen, such as a room and bath, shall not qualify as an individual dwelling unit for purposes of determining whether a dwelling is a single-, two- or multi-family dwelling.
Block means: (i) that portion of a city street between two intersecting streets. With respect to a standard city block the distance between two intersecting streets will typically be about four hundred (400) feet; however, when a portion of a city street between two intersecting streets is eight hundred (800) feet or more, a block shall be deemed to be each four hundred-foot increment along such street, beginning at the intersecting street designated by the traffic engineer; or, (ii) in the case of a dead end or cul-de-sac street, that portion of a city street between the end of the dead end or cul-de-sac and an intersecting street, measured in four hundred-foot increments beginning at the intersecting street.
Commercial vehicle means a vehicle used in a business and clearly marked with the name of the business permanently affixed to the vehicle.
Commuter vehicles means those motor vehicles registered to persons who do not live in existing or proposed restricted parking blocks at the time a traffic engineering survey is being conducted.
Decal shall, for the purposes of this division, have the same meaning as the term permit, and the terms may be used interchangeably.
Director of neighborhood development services means the head of the department of neighborhood development services or his designee.
Family, for the purposes of this division, shall have the meaning set forth within section 34-4 of the City Code.
Guest means a person who for a short period of time visits the residents of an affected household and who solely by reason of that visit needs a temporary place to park (including, without limitation a person who is employed and actually at work within such household). The term guest does not mean or include a person who resides, in any capacity, within an affected household. A guest may not use or attempt to use a guest permit to park in a residential parking zone while he or she attends school, college classes or work in or near such zone.
Permit means a decal, or "sticker" issued by the city treasurer or her designee(s) in accordance with this division, or, when used as part of the term "guest permit" a tag suitable for hanging from the center (interior) rear view mirror of a vehicle.
Permit parking zone means a residential area of the city described in section 15-204 of the city code as being eligible to have blocks within its boundaries restricted as to on-street parking.
Residential area shall mean that side of a city street or road: (i) adjacent to property used exclusively as a residence, or (ii) adjacent to property situated within one of the following residential zoning districts: R-1, R-1A, R-2, or R-3.
Restricted parking area means one or more blocks within a designated permit parking zone (or within a proposed permit parking zone if that proposed zone has been recommended by the city's traffic engineer and approved by the city manager for council's consideration) which has or have been restricted by city council for on-street parking.
Vehicle shall, for the purposes of this division, mean a motor vehicle (i.e., a vehicle which is self-propelled or designed for self-propulsion), on or by which a person or property is or may be transported on a highway. For the purposes of this division, no trailer or semitrailer, as those terms are defined within Virginia Code section 46.2-100, shall be considered a vehicle for which any permit may be issued, nor shall any trailer or semitrailer be considered a part of any motor vehicle.
(5-21-01(1); 9-4-01(1); 5-20-02(1), § 1)
Editor's note— It should be noted that the provisions of Ord. of 5-20-02(1) become effective August 31, 2002.
Restricted parking areas may be established by city council in accordance with the following procedure:
(a)
Once per year the city council will consider proposed restricted parking areas. The director of neighborhood development services shall, during the period from March 1 through April 30 each calendar year, cause an on-street parking survey to be conducted for a proposed restricted parking area: (i) upon the recommendation of the city's traffic engineer, with the concurrence of the city manager, or (ii) upon receipt of a petition, on a form supplied by the city, which petition is signed by one representative (an owner or resident) of at least seventy-five (75) percent of the affected households within the proposed restricted parking area.
(1)
Each year petitions shall be submitted to the department of neighborhood development services, between May 1 and the last day of February of the succeeding calendar year and shall include (i) the legible name, address, telephone number and dated signature of each petitioning resident, one (1) signature per address, and a list of the license plate numbers for each vehicle registered to any person(s) residing at each address; and (ii) a list, by street address, of each of the affected households within the proposed restricted parking block, whether or not a member of such households has signed the petition. With respect to a multi-family dwelling, only the owner or a resident manager/agent of the owner shall be eligible to sign the petition. All such petitions received from members of affected households of a proposed restricted parking block shall be advisory in nature, and defects in such petition, if any exist or are alleged, shall not be grounds for invalidating any restricted parking block that may subsequently be established by city council.
(2)
If a proposed restricted parking area, or any block(s) therein, has been the subject of consideration by council pursuant to section 15-203(d), below, within the past year, then the city shall not be required to re-survey any such area or block, or to act on any petition received that includes that proposed restricted parking area or any block(s) therein, unless the traffic engineer, with the concurrence of the city manager, determines that conditions have substantially changed since the date of consideration by council. Any petitions received during such one-year period, or which contain signatures dated within such one-year period, shall be rejected and returned to the applicant, except where there has been a determination by the city's traffic engineer of a substantial change of condition.
(b)
Each on-street parking survey shall consist of counts taken and information gathered on at least three separate days, at time(s) during the hours for which restricted parking is sought. The survey shall seek to determine whether, on each day of the survey: (i) at least seventy-five (75) percent of the total number of on-street parking spaces in the proposed restricted parking area are occupied, and (ii) whether at least fifty (50) percent of those occupied spaces are occupied by commuter vehicles.
(1)
Prior to commencing any on-street parking survey for a proposed restricted parking area, the traffic engineer shall determine the total number of on-street parking spaces for the area in question. The traffic engineer shall determine the total number of on-street parking spaces by dividing the total length (linear footage) of the block by twenty-two (22) feet. The resulting number determined by the traffic engineer shall be utilized in conducting the on-street parking survey.
(2)
Upon request, the owner or resident(s) of an affected household within a proposed restricted parking area (or, in the case of a multi-family dwelling, the owner or resident manager/agent) shall provide the city traffic engineer with a list of the license plate number(s) of each vehicle owned by a resident of such affected household, whether or not such household joined in a petition. In the case of a multi-family dwelling, the owner or resident manager/agent shall provide the city traffic engineer with the required list of the license plate number(s) of each vehicle owned by a resident of such multi-family dwelling; however, in the event information provided to the traffic engineer is inaccurate or incomplete, a survey which is otherwise correctly performed shall not be invalidated due to a resulting count of any such residents' vehicles as commuter vehicles.
(3)
Upon receipt of confirmation that an on-street parking survey shows that the on-street parking spaces meet both the seventy-five (75) percent and fifty (50) percent occupancy tests described above, then once per calendar year, between May 1 and June 30, the city manager shall certify this fact to the city council along with any recommendation he may have to whether council should implement restricted parking in the proposed restricted parking area, and a date shall be set between May 1 and June 30 for council consideration of the proposed restricted parking area.
(c)
Prior to the date set for council consideration of a proposed restricted parking area, the city's traffic engineer shall provide written notice to a non-resident owner, and to at least one resident of each of the affected households within the proposed restricted parking area. Each required notice shall be either hand-delivered or mailed, first-class, postage pre-paid, no fewer than ten (10) calendar days prior to the date set for council consideration. The traffic engineer shall make affidavit that the required notices have each been delivered or mailed in accordance with this section, and such affidavit shall be maintained on file in the department of neighborhood development services, together with the on-street parking survey for the proposed restricted area and other relevant papers. The notice shall provide residents of the affected households with information concerning the nature of the proposal, shall identify the date on which council will consider the proposed restricted parking area, and shall invite comments and attendance by concerned residents of the proposed restricted parking area. The notices required by this section are intended for informational purposes only; failure of the traffic engineer to give the above described written notice or make affidavit thereof or to file the same shall not invalidate a restricted parking area established by council.
(d)
In considering a proposed restricted parking area, council shall consider all information it deems relevant to the proposal, including, without limitation, and any recommendations provided by the traffic engineer, the director of neighborhood development services, the city manager, or other individuals. Council shall also consider the following: (1) the purposes and intent of this division; (2) the alternate means of transportation, if any, to and from the restricted parking area being established, (3) the impact, if any, that establishment of a restricted parking area may have on nearby neighborhoods or blocks that do not have permit parking, and (4) the impact, if any, that a restricted parking area may have on persons who do not reside within that area and their ability to find parking near their place of work; (5) the hours, if any, during which the proposed restricted parking area block is affected by commuter vehicles; Council may approve or deny the proposed restricted parking area as submitted, or it may approve or deny permit parking for any one or more blocks within the proposed restricted parking area.
(e)
Upon determining that a restricted parking area should be established, the city council shall, by resolution, approve and designate the restricted parking area and shall designate the days and hours during which parking shall be restricted, if different than those listed within section 15-208 of this division. The traffic engineer shall promptly notify the city treasurer of the new designation, and such designation shall take effect no sooner than forty-five (45) calendar days following adoption of the resolution, or on such date as may be specified in the resolution. Prior to the effective date of the restrictions, the traffic engineer shall promptly cause signs to be posted identifying the existence, effect, restricted hours and other limits of the restricted parking area.
(f)
In the event that council acts, by resolution, to approve and designate a restricted parking area, then the traffic engineer shall mail written notice, first class, postage pre-paid, to the affected households, giving residents of those households of the effective date and times at which parking will become restricted and information as to how the affected households may obtain permits. The traffic engineer shall also mail written notice of the council action, including the effective date and times at which parking will become restricted, to representatives of all nonresidential properties located within the restricted parking area. permit parking restrictions, where and when established, shall be applicable only to residential frontage, but not to frontage allocable to commercial, public or special (non-residential) uses. Such exempt areas shall, to the extent necessary and practical, be marked with signs or by other means, such as parking meters, marked loading zones, or other restrictions, consistent with current city policies and laws.
(g)
In the event that council declines to approve and designate a proposed restricted parking area, then the city shall not accept or reconsider any subsequent petition(s) which include any one or more blocks within such area, until a period of one year has elapsed from the date of the meeting at which council declined to designate such area a restricted parking area.
(h)
Once per year, prior to the commencement of a new permit year, the city traffic engineer shall furnish the city treasurer with a report of the following information: a list of restricted parking areas, listed by blocks, the zone number of each; and a list, by street address, of affected households included in each restricted parking area, specifying the number of off-street parking spaces attributable to each such household (if an affected household has no off-street parking spaces, the list shall specify a "zero"). With respect to affected households identified as multi-family dwellings, the list provided to the treasurer shall specify the number of parking spaces by which the multi-family dwelling falls short of the city's current minimum off-street parking requirements for new construction.
(5-21-01(1); 9-4-01(1); 5-20-02(1), § 1; 6-2-08)
(a)
The director of neighborhood development services shall, during the period from March 1 through April 30 each calendar year, cause an on-street parking survey to be conducted, to determine whether parking restrictions should be discontinued with respect to one or more blocks within a restricted parking area: (i) upon the recommendation of the city's traffic engineer, with the concurrence of the city manager, (ii) upon receipt of a petition, on a form supplied by the city, which petition is signed by at least fifty (50) percent of the affected households or businesses situated along block(s) in question. Any such petition shall include the information specified within city code section 15-203(a)(1).
(b)
Once initiated by the director of neighborhood development services pursuant to this section, the on-street parking survey shall consist of counts taken and information gathered on at least three separate days, during restricted parking hours. The survey shall seek to determine whether, on each day of the survey: (i) fifty (50) percent or more of the total number of on-street parking spaces along the block(s) in question are unoccupied; and (ii) whether the use of property adjacent thereto remains primarily (fifty (50) percent or more) residential. The results of such parking survey shall be transmitted to the traffic engineer for review.
(1)
Prior to commencing any on-street parking survey, the traffic engineer shall determine the total number of on-street parking spaces for the block(s) in question. The traffic engineer shall determine the total number of on-street parking spaces by dividing the total length (linear footage) of the block by twenty-two (22) feet. The resulting number determined by the traffic engineer shall be the number utilized in conducting the on-street parking survey.
(2)
Upon request, the owner or resident(s) of an affected household within a restricted parking area (or, in the case of a multi-family dwelling, the owner or resident manager/agent) shall provide the city traffic engineer with a list of the license plate number(s) of each vehicle owned by a resident of such affected household, whether or not such household joined in a petition.
(3)
Upon receipt of confirmation that an on-street parking survey shows that fewer than fifty (50) percent of the total number of on-street parking spaces on one or more blocks within a restricted parking area are occupied, and/or (ii) that the use of property adjacent to one or more blocks within a restricted parking area is less than fifty (50) percent residential, then, once per calendar year, between May 1 and June 30, the city manager shall certify this fact to the city council along with any recommendation he or the traffic engineer may have as to whether council should remove parking restrictions with respect to the restricted parking area or block(s) in question, and a date shall be set between May 1 and June 30 for council consideration of the matter.
(c)
Notice of the date of council consideration shall be given to residents and businesses situated along the restricted parking area, in the same manner as provided within section 15-203(3) of this division.
(d)
In considering whether to remove the parking restrictions from one or more of the blocks within a restricted parking area, council shall consider all information it deems relevant to the matter, including, without limitation: recommendations provided by the traffic engineer, the director of neighborhood development services, the city manager, or other individuals. Council shall also consider the purposes and intent of this division, and the impact, if any, positive or adverse, that removal of such parking restrictions may have on nearby neighborhoods. Following consideration of the proposal, if it finds such action will serve the public interest and welfare, council may act by resolution to remove the parking restrictions from one or more blocks within a restricted parking area. If council adopts such action, the traffic engineer shall promptly cause all permit parking district signs to be removed from said block(s), and shall promptly notify the city treasurer of the city council's action.
(5-21-01(1); 9-4-01(1); 5-20-02(1), § 1)
Editor's note— It should be noted that the provisions of Ord. of 5-20-02(1) become effective August 31, 2002.
The following areas of the city are hereby designated as permit parking zones, and any streets referenced as boundaries shall be deemed included as part of such zones:
Zone 1. That area bounded on the north by Ivy Road, from the city limits to Emmett Street, then along Emmett Street to Barracks Road, then along Barracks Road to Rugby Road; bounded on the east by Rugby Road to Cabell Avenue, then along Cabell Avenue to Grady Avenue, then along Grady Avenue to 10th Street, then along 10th Street to West Street, then along West Street in a line extending to the Southern Railroad tracks; bounded on the south by the Southern Railroad tracks; and bounded on the west by the city limits.
Zone 4. That area bounded on the north by Perry Drive, Park Lane East, and Poplar Street, on the east by Locust Avenue, on the south by East High Street, and on the west by Altamont Street and McIntire Road and including Altamont Circle and Walker Street.
Zone 6. That area bounded on the east by 5th Street, N.W., on the north by the southern property line of the city maintenance yard, on the west by 7½ Street, N.W., on the south by Elsom Street, the 100 block of 7th Street, N.W. and Commerce Street.
Zone 7. That area bounded on the north by Grove Street, Estes Street and the CSX Railroad, on the west by Baker Street and North Baker Street, on the south by Forest Hills Avenue, and on the east by 9th Street, S.W. and 5th Street, S.W.
Zone 8. That area consisting of South Street from Ridge Street to its terminus at Second Street, S.E.
Zone 9. That area bounded on the north by Hazel Street, on the east by Meade Avenue, on the south by East Market Street, and on the west by 10th Street, N.E and Locust Avenue.
(5-21-01(1); 6-4-01(2); 5-20-02(1), § 1; 7-20-09(1); 6-21-10(1))
Editor's note— It should be noted that the provisions of Ord. of 5-20-02(1) become effective August 31, 2002.
(a)
All permit parking zones or portions thereof listed in section 15-204 which had been in existence for more than seven (7) years as of May 1, 2001, have proven to be and are found by the council to be valid permit parking zones which are appropriate and consistent with the purposes of this division.
(b)
All of the restricted parking blocks approved by the city manager as restricted parking blocks or permit parking areas prior to May 1, 2002, (with the exception of North 1st Street, which by court decision must be re-surveyed), have proven to be and are found by the council to be valid restricted parking blocks which are appropriate and consistent with the purposes of this division. Such blocks are and shall be delineated on the official residential permit parking map which shall be kept in the office of the traffic engineer.
(5-21-01(1); 5-20-02(1), § 1)
Editor's note— It should be noted that the provisions of Ord. of 5-20-02(1) become effective August 31, 2002.
Based on recommendations from the traffic engineer with the concurrence of the city manager, the city council may, from time to time, delineate additional residential areas of the city as permit parking zones, by adopting an ordinance amending section 15-204. All permit parking zones established by council shall be delineated on the official residential permit parking map.
(5-21-01(1))
Notwithstanding any other provision of this division, the city council may, by resolution, establish one or more restricted parking areas on a trial basis, for a temporary period specified in such resolution. During the temporary time period specified, no other petitions for establishment of a restricted parking area for that location shall be acted on by the city staff or city council. Any restricted parking areas established on a trial basis pursuant to this section shall, at the expiration of the trial period established by the city council, continue to be restricted unless and until otherwise declared by the city council.
(5-21-01(1); 9-4-01(1); 5-20-02(1), § 1)
Editor's note— It should be noted that the provisions of Ord. of 5-20-02(1) become effective August 31, 2002.
(a)
It shall be unlawful for any vehicle to be parked on a public right-of-way or street during specified hours in a restricted parking area except upon display of a valid permit issued pursuant to section 15-210 of this division.
(1)
The parking limitations of this division shall not apply to vehicles owned or leased by a public agency, marked service or delivery vehicles which are being used to provide services or make deliveries to dwellings within the restricted parking area, non-motorized vehicles, or to commercial vehicles engaged in business at a residential address within or reasonably near to a restricted parking area.
(2)
The parking limitations of this division shall not apply to street frontage along a restricted parking area which is allocable to commercial, public or special uses (other than residential special uses), and parking along such frontage shall be unrestricted under this division; however, parking along such frontage may otherwise be restricted by authority of the city traffic engineer or city manager in accordance with applicable law. Nothing contained within this division shall in any way limit the power of the city manager, the city traffic engineer, the chief of police, or the director of public works to restrict the stopping, standing or parking of vehicles as may be required in the interests of the public safety and convenience.
(b)
Unless otherwise specified by city council within a resolution designating a particular restricted parking area, the hours during which the restricted parking regulations authorized by this division shall apply shall be:
(1)
6:00 a.m. to 5:00 p.m., Monday through Friday, excepting holidays, for the following areas: (i) for all restricted parking areas designated by City Council prior to May 20, 2002, and (ii) for all restricted parking areas designated within zones 4, 6, 7, 8 and 9 on or after May 20, 2002. The specified hours shall be identified on signs erected by the city traffic engineer within a restricted parking area.
(2)
Sunday, 12:01 a.m. to 7:00 a.m., Monday through Saturday, 12:01 a.m. to 7:00 p.m. restricted parking areas designated within zone 1 on or after May 20, 2002.
(5-21-01(1); 9-4-01(1); 5-20-02(1), § 1; 3-3-03(2))
Editor's note— It should be noted that the provisions of Ord. of 5-20-02(1) become effective August 31, 2002.
(a)
Any person desiring a parking permit required by this division shall apply for such permit at the office of the city treasurer. Application shall be made as follows:
(1)
If the owner or agent of a property within a restricted parking block assumes responsibility for distributing permits to the inhabitants of the property, only the owner or agent may apply for such permit as may be available.
(2)
If the owner or agent of a property within a restricted parking block does not assume responsibility for distributing permits, then the inhabitants of the property may apply for such permits as may be available.
(3)
The owner or agent of a multifamily dwelling who makes application for any permit(s) shall provide the treasurer with the information and fees required by this division, for each permit issued for that multifamily dwelling. Once delivered to a property owner or agent, parking permits assigned with respect to a specific dwelling shall be delivered by the owner or agent to the inhabitants of such dwelling.
(b)
For each permit requested, an applicant shall provide the treasurer with the state vehicle registration of the vehicle for which the residential decal is sought, the make and model of the vehicle, the residence address for which a permit is sought, the name and address of the person to whom the vehicle is registered, and the name and address of the person for whose use the vehicle has been authorized, if different from the person to whom the vehicle is registered.
(c)
Each permit issued, including each guest permit, shall be assigned a permit/serial number.
(5-21-01(1); 5-20-02(1), § 1; 8-7-06; 8-19-13)
(a)
Permits to allow parking during restricted hours within a restricted parking area shall be issued by the city treasurer, block-by-block within a restricted parking area, on a permit year basis.
(b)
Permits, in the form of decals, shall be issued for a period of up to twelve (12) months. A new permit year shall begin on August 31 of each calendar year. Only one permit shall be issued per vehicle.
(c)
Except as otherwise provided, upon proof of vehicle ownership, proof of an applicant's residence on a block within a restricted parking area and payment of applicable fee(s), the treasurer shall issue permits authorizing the parking of a vehicle in a restricted parking area, as follows:
(1)
To a person who resides within an affected household, for a vehicle owned by such person, or for a vehicle not owned by such person if the vehicle is used exclusively by such person ("residential decal"). A two-family dwelling and a multi-family dwelling each constitute a single affected household. The maximum number of permits issued with respect to any single- or two-family dwelling shall be four (4). The number of permits which may be issued to a multi-family dwelling shall be the lesser of: (a) a number equal to the city's minimum off street parking requirements for new construction of such dwelling, minus the number of actual off-street parking spaces available for that dwelling, as determined by the city's traffic engineer, or (b) a number determined by applying a certain percentage to the total number of on-street parking spaces available on the block where such dwelling is located, such percentage to be calculated by dividing the linear street frontage allocable to the multi-family dwelling along such block by the total linear street frontage subject to permit parking restrictions along such block.
Notwithstanding the foregoing, for the permit years beginning on and after August 1, 2001, the following dwellings shall be entitled only to the number of permits specified below:
| 101 Bollingwood Road: | five (5) permits; two (2) guest permits |
| 1600 Grady Avenue: | thirty (30) permits; five (5) guest permits |
| 423 and 425 1st Street North (together): | five (5) permits; five (5) guest permits |
| 415 2nd Street, N.E.: | ten (10) permits; two (2) guest permits |
| 432 3rd Street, N.E. | eight (8) permits; two (2) guest permits |
| 1709 Jefferson Park Avenue | five(5) permits; two (2) guest permits |
| 1814 Stadium Road | five (5) permits; two (2) guest permits |
| 1917, 1918 and 1919 Lewis Mountain Road (together) | four (4) permits; two (2) guest permits |
| 101 Chelsea Drive | five (5) permits; two(2) guest permits |
| 114 Chelsea Drive | eight (8) permits; two(2) guest permits |
| 116 Chelsea Drive | eight (8) permits; two(2) guest permits |
| 921 Cherry Avenue | five (5) permits; two (2) guest permits |
| 104 Dunova Court | eight (8) permits; two(2) guest permits |
| 116 Dunova Court | four (4) permits; two(2) guest permits |
| 120 Dunova Court | five (5) permits; two(2) guest permits |
| 204 Montebello Circle | four (4) permits; two(2) guest permits |
| 205 Montebello Circle | two (2) permits; two(2) guest permits |
| 210 Montebello Circle | three (3) permits; two(2) guest permits |
| 221 Montebello Circle | four (4) permits; two(2) guest permits |
| 233, 235 and 239 Montebello Circle (together) | five (5) permits; one (1) guest permit |
| 107 Piedmont Avenue | six (6) permits; one (1) guest permit |
| 107-B Piedmont Avenue | two (2) permits; zero (0) guest permits |
| 123 Piedmont Avenue | five (5) permits; two (2) guest permits |
| 104 Oakhurst Circle | five (5) permits; five (5) guest permits |
| 120 Oakhurst Circle | five (5) permits; five (5) guest permits |
| 122 Oakhurst Circle | five (5) permits; five (5) guest permits |
| 524 Valley Road | five (5) permits; five (5) guest permits |
| 505 Valley Road | five (5) permits; two (2) guest permits |
| 506 Valley Road | zero (0) permits; one (1) guest permit |
| 507 Valley Road | four (4) permits; two (2) guest permits |
| 510 Valley Road | three (3) permits; two (2) guest permits |
| 513 Valley Road | five (5) permits; two (2) guest permits |
| 514 Valley Road | three (3) permits; two (2) guest permits |
| 515 Valley Road | two (2) permits; two (2) guest permits |
| 516 Valley Road | two (2) permits; three (3) guest permits |
| 520 Valley Road | four (4) permits; four (4) guest permits |
| 521 Valley Road | four (4) permits; two (2) guest permits |
| 523 Valley Road | zero (0) permits; one (1) guest permit |
| 524 Valley Road | five (5) permits; two (2) guest permits |
| 525 Valley Road | one (1) permit; one (1) guest permit |
| 526 Valley Road | four (4) permits; one (1) guest permit |
| 528 Valley Road | three (3) permits; two (2) guest permits |
| 712 Nalle Street | five (5) permits; five (5) guest permits |
| 1113 East Jefferson Street | five (5) permits; five (5) guest permits |
| 10 University Circle: | fifty (50) permits; ten (10) guest permits |
| 14 University Circle: | twelve (12) permits; ten (10) guest permits |
| 27 University Circle: | ten (10) permits; five (5) guest permits |
| 32 University Circle: | thirty (30) permits; five (5) guest permits |
| 33 University Circle: | twelve (12) permits; five (5) guest permits |
| 37 University Circle: | four (4) permits; two (2) guest permits |
| 41 University Circle: | seven (7) permits; four (4) guest permits |
| 44 University Circle: | nine (9) permits; four (4) guest permits |
| 68 University Way: | fifty-two (52) permits; ten (10) guest permits |
Under no circumstances shall any affected household, for the permit year beginning on August 1, 2001, receive fewer permits than those to which it was entitled under this ordinance in effect on August 1, 2001.
(2)
To a person who resides within an affected household, to authorize parking by persons who are guests in that affected household ("guest permit"). No more than two (2) guest permits shall be issued to any affected household which is a single- or two-family dwelling. No more than four (4) guest permits shall be issued with respect to any affected household which is a multi-family dwelling. Notwithstanding the foregoing, for the permit years beginning on and after August 1, 2001 the dwellings listed in section 15-210(C)(2) shall be entitled only to the number of guest permits identified in that section. On request by the owner of a multi-family dwelling who does not reside within such dwelling, the treasurer may issue one (1) additional guest permit for use by the owner when visiting the property.
(3)
Proof of vehicle ownership shall consist of one (1) of the following: registration for the vehicle in question, or a City of Charlottesville property tax return for such vehicle, either of which must indicate that the vehicle is registered at an address within the restricted parking block for which a permit is sought.
(4)
Proof of residency shall be made as follows, provided all such proof shows an address within the restricted parking block for which a permit is sought:
(i)
Any one (1) of the following: a Virginia driver's license or Virginia state identification card, or presentation of City of Charlottesville personal property tax return; and
(ii)
Proof of ownership of the property at the address within the restricted parking block for which a permit is sought or a signed agreement establishing occupancy thereof.
(5)
For students of the University of Virginia or Piedmont Virginia Community College, the following documents are required if the requirements in subsections (3) and (4) of section 15-210 cannot be met:
(i)
Current driver's license; and
(ii)
Current student identification card; and
(iii)
Vehicle registration for the vehicle for which a permit is sought; and
(iv)
Signed agreement establishing occupancy at the address within the restricted parking block for which a permit is sought.
(d)
The treasurer shall charge an annual administrative fee for each permit issued under this division. The fee shall be as follows:
(1)
For each permit issued pursuant to paragraph (c)(1), above, twenty-five dollars per permit. There shall be no charge for the first two permits issued to an affected household which has no off-street parking, as determined by the traffic engineer, and there shall be no charge for the first permit issued to an affected household which has only a single off-street parking space.
(2)
For each permit issued pursuant to paragraph (c)(2), above, twenty-five dollars per permit;
(3)
For the first two permits issued pursuant to paragraph (c)(1) and (c)(2), respectively, where the applicant is a person who has been qualified to receive rent relief under city code chapter 25, article III, or to receive real estate tax relief under city code chapter 30, article IV, one dollar ($1.00) per permit; however, there shall be no charge for the first two permits issued pursuant to paragraph (c)(1), above to an affected household which has no off-street parking.
(4)
For permits applied for and acquired after February 1 of each permit year, the fee will be one-half of the applicable rate(s) set forth in paragraphs (c)(1)—(3), above.
(5)
A person who continues to reside at the same address, upon disposing of a vehicle for which a permit has been issued, may obtain a new permit for a replacement vehicle upon surrender of the previous permit and application for a new permit for the replacement vehicle. This transaction shall be deemed a "transfer" of the permit. The transfer fee is two dollars ($2.00).
(6)
A person who moves from a block or disposes of a vehicle without replacement within a restricted parking area must surrender his permit. Any person who surrenders a permit in the months of August through January of a permit year shall be entitled to a partial fifty (50) percent refund of the fee paid pursuant to this section for such permit. When a permit is not surrendered as required, no new permit(s) for the permit year in question shall be issued to a person having the same residence address, unless an applicant can show convincing proof that the residence address of the person to whom the non-surrendered permit was issued has changed to a location which is at least seventy-five (75) miles from the city limits.
(5-21-01(1); 9-4-01(1); 5-20-02(1), § 1; 6-7-10(1); 8-19-13; 9-15-14(2))
Decals and permits shall be properly displayed, in accordance with the following:
(a)
A residential decal shall be displayed in the lower left corner of the rear window of the vehicle for which the permit has been issued. The decal must be adhered to the window and may not be taped or affixed in any manner which may allow the transfer of the decal to another vehicle. If the vehicle does not have a rear window or the rear window is legally obscured (i.e., louvers), the decal may be displayed on the driver's side of the vehicle, adhered to the lower right corner of the window furthest to the rear of the vehicle. If a convertible has no permanent rear window, the decal may be adhered to the driver's side of the windshield. A decal issued with respect to a motorcycle shall be displayed beside the state inspection sticker and the City license on the motorcycle front fork.
(1)
Any alteration of a residential decal shall deem the decal invalid.
(2)
A person to whom a residential decal has been issued shall not loan, assign, sell or otherwise convey such decal to any other person or vehicle, except as specifically provided by the regulations set forth within this division.
(3)
Residential decals, if destroyed or lost, may be re-issued within the same permit year, upon written explanation, satisfactory to the city treasurer, and upon payment of an additional twenty-five dollar ($25.00) fee.
(b)
A guest permit shall be displayed by hanging from the center (interior) rear view mirror so that the printing on the guest permit faces the front windshield. Any alteration(s) to a guest permit, or obscuring of information printed on a guest permit (e.g., folding such permit so any printed information is not visible), including, without limitation, any changes to the address to which the guest permit is issued, shall deem the guest permit invalid.
(1)
Guest permits shall be displayed within a vehicle only while the owner or operator of such vehicle is a guest at the affected household to which the permit has been issued.
(2)
Guest permits may be temporarily loaned by the member(s) of one affected household to another within the same restricted parking block, for the purpose of accommodating a large gathering of guests at a particular household. Otherwise, an applicant to whom a guest permit is issued may not loan, assign, sell or otherwise convey a guest permit to a person who is not a guest in his household.
(3)
Guest permits, if lost or misplaced, shall not be re-issued within the same permit year.
(c)
In addition to any other remedy which may be available to the city, upon receipt of information indicating that any regulation set forth within this section has been violated, the treasurer may revoke a permit, and deny any issuance of a replacement, for a period of up to three (3) full permit years.
(5-21-01(1))
Editor's note— Ord. of 9-20-04(3), § 2, repealed § 15-236, which pertained to Violations of article. See also the Code Comparative Table.
Any bicycle or moped owner residing in the city, who desires to do so, may register his vehicle with the fire department and present the same for inspection as to its safe operating condition, during such times and according to such procedures as may be established by the fire chief. Such inspection shall include any examination of the operational safety of the wheels, tires, frame, fork, seat, brakes, pedals, chain, handlebars, lights, reflectors and other working parts or safety features of the vehicle. Upon such inspection and approval the fire chief shall issue to the owner of the vehicle a registration device or seal and a registration card, at no cost to the owner. The registration device shall be attached to the frame of the vehicle. The registration card shall show the registration number, the vehicle identification number and the name and address of the owner. Such registration shall remain in effect during the period such vehicle is operated within the city. The fire chief shall establish appropriate procedures for the transfer of such registration upon sale or transfer of the vehicle.
(Code 1976, § 16-63.2)
State Law reference— Registration of bicycle serial numbers, Code of Virginia, § 46.2-908.
Upon registration of any bicycle or moped with the fire department, the fire chief shall transfer to the chief of police, and the chief of police shall keep a permanent file of the registration number, vehicle identification number, vehicle owner, address, age, vehicle make, type and approximate value of each vehicle so registered.
(Code 1976, § 16-63.3)
It shall be unlawful for any person willfully or maliciously to remove, destroy, mutilate or alter the serial number on any bicycle or moped frame. It shall also be unlawful for any person willfully or maliciously to remove, destroy, mutilate or alter any registration device or registration card issued pursuant to the provisions of this article during the time in which the vehicle for which such registration device or card was issued is operated in the city. Nothing in this section shall prohibit the fire department from stamping or engraving a number on the frame of the vehicle on which no serial number can be found or on which such number is illegible or insufficient for identification purposes.
(Code 1976, § 16-63.4)
Every person riding a bicycle or moped upon a street, roadway or other public vehicular area shall be subject to the provisions of this Code and the provisions of Code of Virginia, chapter 8 (section 46.2-800 et seq.) of title 46.2, applicable to drivers of motor vehicles, unless the context of any such provision clearly indicates otherwise.
(Code 1976, § 16-63.5(a))
State Law reference— Similar provisions, Code of Virginia, § 46.2-800.
(a)
Every bicycle when in use between sunset and sunrise shall be equipped with a lamp on the front which shall emit a white light visible in clear weather from a distance of at least five hundred (500) feet to the front and with a red reflector on the rear of a type approved for use on the highways of this state by the superintendent of state police, which shall be visible in clear weather from all distances from fifty (50) feet to three hundred (300) feet to the rear, when directly in front of lawful upper beams of headlamps on a motor vehicle. A lamp emitting a red light visible in clear weather from a distance of five hundred (500) feet to the rear may be used in lieu of or in addition to the red reflector.
(b)
Every bicycle when operated upon a street or highway shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.
(Code 1976, § 16-63.6)
State Law reference— Provisions similar to subsection (a) above, Code of Virginia, § 46.2-1015.
(a)
It shall be unlawful for any person under the age of sixteen (16) years to operate a moped upon any city street, or for any person to operate a moped upon any such street in excess of thirty (30) miles per hour.
(b)
Every person operating a moped on a city street shall wear a face shield, safety glasses or goggles of a type approved by the Superintendent of the Department of State Police, or have his moped equipped with safety glass or a windshield, at all times while operating such vehicle. A violation of this provision shall be punishable by a fine of not more than fifty dollars ($50.00).
(c)
Every person operating a moped on a city street, and all passengers thereon, shall wear protective helmets of a type approved by the Superintendent of the Department of State Police. A violation of this provision shall be punishable by a fine of not more than fifty dollars ($50.00).
(d)
Every person operating a moped on a city street shall ride only upon a permanent seat attached to the moped, and such operator shall not carry any other person unless the moped is equipped with a permanent seat designed to carry more than one person and a footrest for the use of the passenger.
(e)
For the purposes of this section the term moped shall have the meaning set forth within § 46.2-100 of the Virginia Code.
(Code 1976, § 16-63.5(i); 9-20-04(3), § 2)
State Law reference— Similar provisions, Code of Virginia, § 46.2-914.
(a)
Any person operating a bicycle or moped on a roadway shall ride as close as practicable to the right curb or edge of the roadway, except under any of the following circumstances:
(1)
When overtaking and passing another vehicle proceeding in the same direction;
(2)
When preparing for a left turn at an intersection or into a private road or driveway; and
(3)
When reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to continue along the right curb or edge.
(b)
For the purposes of this section, a "substandard width lane" is a lane too narrow for a bicycle or moped and another vehicle to pass safely side by side within the lane.
(Code 1976, § 16-63.5(b))
State Law reference— Similar provisions, Code of Virginia, § 46.2-905.
(a)
No person shall ride or drive any motorcycle on any city street, unless such person is licensed in accordance with § 46.2-337 of the Code of Virginia.
(b)
No person shall ride or drive any motorcycle on any city street unless such motorcycle is equipped with all safety equipment required by state law for a motorcycle and the motorcycle is licensed or registered by the Division of Motor Vehicles.
(c)
Any motorcycle operated in violation of this section may be impounded and disposed of in accordance with City Code section 15-296 et seq.
(d)
For the purposes of this section the term motorcycle shall have the meaning set forth within § 46.2-100 of the Virginia Code.
(Code 1976, § 16-63.5(d); 9-20-04(3), § 2)
State Law reference— Authority for above section as to bicycles, Code of Virginia, § 46.2-905.
Editor's note— Ord. of 9-20-04(3), § 2, repealed § 15-245, which pertained to riding two or more abreast. See also the Code Comparative Table.
(a)
No person shall ride a bicycle, an electric power-assisted bicycle or moped on any sidewalk or other area designated exclusively for pedestrian traffic including, without limitation, the pedestrian mall area on Main Street between the Ninth Street bridge and Ridge-McIntire Road; provided however, that this prohibition shall not apply to on-duty police officers and other uniformed emergency services personnel using the pedestrian mall. For the purposes of this section the terms electric power-assisted bicycle and moped shall have the meanings set forth within § 46.2-100 of the Virginia Code.
(b)
No person shall ride or use rollerskates, rollerblades, skateboards, scooters, or similar devices on wheels or runners on the above-described pedestrian mall area on Main Street.
(Code 1976, § 16-63.5(h); 8-23-93; 3-20-95; 7-16-01(2); 11-3-03(1); 9-20-04(3), § 2)
State Law reference— Riding bicycles on sidewalks, Code of Virginia, § 46.2-904.
Editor's note— Ord. of 9-20-04(3), § 2, repealed § 15-247, which pertained to operator carrying package, bundle, etc. See also the Code Comparative Table.
No person riding upon any bicycle or moped shall attach the same or himself to any other vehicle on the roadway.
(Code 1976, § 16-63.5(f))
State Law reference— Similar provisions, Code of Virginia, § 46.2-932.
No person riding a bicycle or moped on a street, highway or other public vehicular area shall permit any person to ride on the handlebars.
(Code 1976, § 16-63.5(g))
It shall be the responsibility of the rider to report any bicycle accident involving bodily injury or damage of fifty dollars ($50.00) or more to the chief of police within forty-eight (48) hours of such accident. The chief of police shall keep complete and retrievable records of all such accidents involving bicycles. Such records shall include the location and nature of the accident.
(Code 1976, § 16-63.7)
(a)
Where any bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped has been found or delivered to the police department, and has thereafter remained in the possession of the police department, unclaimed, for more than thirty (30) days, such property may be disposed of as follows:
(1)
In cases where a private person found and delivered the property to the police department, and requested to receive the property if it should remain unclaimed: if the location and a description of the property has been published at least once a week for two (2) successive weeks in a newspaper of general circulation within the city (and, in the case of an electric personal assistive mobility device, electric power-assisted bicycle, or moped for which a license plate, tag or decal has been issued pursuant to section 15-39 of the City Code, if the record owner has been notified by mail at the address provided in the license application) then the property may be released to the finder;
(2)
In all other cases the property shall be sold pursuant to section 20-59 of the City Code, or, at the option of the city, donated to a charitable organization.
(b)
For the purposes of this section the terms moped, electric personal assistive mobility device, and electric power-assisted bicycle shall mean and refer to the vehicles defined by those terms within § 46.2-100 of the Virginia Code.
(9-20-04(3), § 2; 10-17-05, § 2)
(a)
Every person fourteen (14) years of age or younger shall be required to wear a protective helmet which meets the Consumer Product Safety Commission standard whenever riding or being carried on a bicycle, electric personal assistive mobility device, toy vehicle, electric power-assisted bicycle, motorized skateboard or motorized scooter on any highway, street, sidewalk or bicycle path.
(b)
A violation of any provision of this section shall be punishable by a fine of twenty-five dollars ($25.00). However, such fine shall be suspended (i) for first-time violators or (ii) for any violator who, subsequent to the violation but prior to imposition of the fine, purchases a helmet of the type required by this section.
(6-6-11)
State Law reference— Code of Virginia, § 46.2-906.1.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abandoned motor vehicle means a motor vehicle, trailer or semitrailer or part thereof that:
(1)
Is inoperable and is left unattended on public property for more than forty-eight (48) hours, or
(2)
Has remained illegally on public property for a period of more than forty-eight (48) hours, or
(3)
Has remained on private property without the consent of the owner or person in control of the property for more than forty-eight (48) hours, regardless of whether it was brought onto the private property with the consent of the owner or person in control of the private property, or
(4)
Is inoperable, left unattended, or both, on the shoulder of a primary highway within the city.
(5)
It shall be presumed that a motor vehicle, trailer, semitrailer, or part thereof, is abandoned, if it: (i) lacks a current license plate, or a valid state safety inspection sticker, and (ii) it has been in a specific location for four (4) days without being moved.
Demolisher means any person whose business is to convert a motor vehicle, trailer or semitrailer into processed scrap or scrap metal or otherwise to wreck, or dismantle such vehicles.
Inoperable abandoned motor vehicle means an abandoned motor vehicle which is inoperable and the fair market value of which, as determined by the commissioner of revenue, is less than the cost of its restoration to an operable condition.
(Code 1976, § 16-17; 9-20-04(2) ; 10-17-05, § 2)
Cross reference— Definitions and rules of construction generally, § 1-2.
State Law reference— Similar provisions, Code of Virginia, § 46.2-1200.
A police officer may take into custody any abandoned motor vehicle and dispose of it in accordance with this article. To facilitate the actions of the police pursuant to this article, the city may employ city personnel, equipment and facilities or hire persons, equipment and facilities or firms or corporations who may be independent contractors for the purpose of removing, preserving, storing or selling at public auction any abandoned motor vehicles. The chief of police shall maintain official records of and shall establish departmental regulations pertaining to actions undertaken by police personnel pursuant to this article.
(Code 1976, § 16-18; 9-20-04(2))
State Law reference— Similar provisions, Code of Virginia, § 46.2-1201.
(a)
When the chief of police takes into custody an abandoned motor vehicle he shall notify, within fifteen (15) days thereof, by certified mail, return receipt requested, the owner of record of the motor vehicle and all persons having security interests therein of record, that the vehicle has been taken into custody. The notice shall describe the year, make, model and serial [vehicle identification] number of the vehicle, set forth the location of the facility where the vehicle is being held, inform the owner and any persons having security interests of their right to reclaim the vehicle within fifteen (15) days after the date of the notice, upon payment of all towing, preservation and storage charges resulting from placing the vehicle in custody. The notice shall state that the failure of the owner or persons having security interests to exercise their right to reclaim the vehicle within the time provided shall constitute a waiver by the owner, and all persons having any security interests, of all right, title and interest in the vehicle, and a consent to the sale of the vehicle at a public auction. The consequences of failure to reclaim an abandoned motor vehicle shall be as set forth in the notice given pursuant to this section.
(b)
If records of the state department of motor vehicles contain no address for the owner or no address of any person shown by such records to have a security interest, or if the identity and addresses of the owner and all persons having security interests cannot be determined with reasonable certainty, notice by publication once in a newspaper of general circulation in the area where the motor vehicle was abandoned shall be sufficient to meet all requirements of notice pursuant to this article as to any person who cannot be notified pursuant to the provisions of paragraph (a) of this section. Such notice by publication may contain multiple listings of abandoned motor vehicles. Any such notice shall be within the time requirements prescribed for notice by mail and shall have the same contents required for a notice by mail.
(Code 1976, § 16-19; 9-20-04(2))
State Law reference— Similar provisions, Code of Virginia, § 46.2-1202.
(a)
If an abandoned motor vehicle has not been reclaimed as provided for in section 15-273, the chief of police shall, notwithstanding the provisions of Code of Virginia, section 46.2-617, sell the vehicle at public auction. Any personal property found in any such vehicle may be sold incident to the sale of the vehicle as authorized in this section. The purchaser of the vehicle shall take title to the vehicle free and clear of all liens and claims of ownership of others, shall receive a sales receipt at the auction and shall be entitled to apply for and receive from the state department of motor vehicles a certificate of title and registration card for the vehicle. The sales receipt at such a sale shall be sufficient title only for purposes of transferring the vehicle to a demolisher for demolition, wrecking or dismantling, and in that case, no further titling of the vehicle shall be necessary
(b)
From the proceeds of the sale of an abandoned motor vehicle pursuant to this section, the chief of police shall reimburse the city for the expenses of the auction, the cost of towing, preserving and storing the vehicle which resulted from placing the abandoned motor vehicle in custody, and all notice and publication costs incurred pursuant to section 15-273. Any remainder from the proceeds of a sale shall be held for the owner of the abandoned motor vehicle or any person having security interests therein, as their interests may appear, for ninety (90) days, and then shall be deposited into the city treasury.
(Code 1976, § 16-20; 9-20-04(2))
State Law reference— Similar provisions, Code of Virginia, § 46.2-1203.
(a)
Notwithstanding section 15-271, any motor vehicle, trailer, semitrailer or part thereof shall be considered abandoned and may be reported by the garagekeeper to the city, if it has been left in a garage for more than ten (10) days or for more than ten (10) days beyond the period the vehicle was to remain on the premises pursuant to a contract, after notice by registered or certified mail, return receipt requested, to the owner of record and all persons having security interests of record therein, to reclaim the vehicle within fifteen (15) days of the notice. Any abandoned motor vehicle left in a garage may be taken into custody by the chief of police in accordance with section 15-272 and shall be subject to the notice and sale provisions contained in sections 15-273 and 15-274. If, however, the vehicle is reclaimed in accordance with section 15-273, the person reclaiming it, in addition to the other charges required to be paid, shall pay the reasonable charges of the garagekeeper, unless otherwise provided by contract. If the vehicle is sold pursuant to section 15-274, any garagekeeper's charges shall be paid from, and to the extent of, the excess of the proceeds of sale after paying the expenses of the auction, the costs of towing, preserving and storing the vehicle which resulted from placing the vehicle in custody and all notice and publication costs incurred pursuant to section 15-273. Except as otherwise provided in this article, nothing in this section shall restrict any rights conferred on any person under Code of Virginia, sections 43-32 through 43-36.
(b)
For the purposes of this section, "garage" means any commercial parking place, motor vehicle storage facility or establishment for the servicing, repair, maintenance or sale of motor vehicles whether or not the vehicle had been brought to that location with the consent of the owner or person in control of the premises and "garagekeeper" means the operator of a garage.
(Code 1976, § 16-21)
State Law reference— Similar provisions, Code of Virginia, § 46.2-1204.
Notwithstanding any other provisions of this article, any inoperable abandoned motor vehicle taken into custody under this article may be disposed of to a demolisher, without the title and without the notification procedures, by the person on whose property or in whose possession such vehicle is found or by the chief of police. The demolisher, upon taking custody of such vehicle shall notify the state department of motor vehicles, on forms and in the manner prescribed by the commissioner of motor vehicles and, notwithstanding any other provision of law, no other report or notice shall be required in such instance.
(Code 1976, § 16-22)
State Law reference— Similar provisions, Code of Virginia, § 46.2-1205.
(a)
No demolisher who purchases or otherwise acquires a motor vehicle for purposes of wrecking, dismantling or demolition shall be required to obtain a certificate of title for such vehicle in his own name. After the vehicle has been demolished, processed or changed so that it physically is no longer a motor vehicle, the demolisher shall surrender to the state department of motor vehicles for cancellation the certificate of title or sales receipt therefor. The state department of motor vehicles shall issue such forms, rules and regulations governing the surrender of sales receipts and certificates of title as are appropriate.
(b)
A demolisher shall keep an accurate and complete record of all motor vehicles purchased or received by him in the course of his business. These records shall contain the name and address of the person from whom each such motor vehicle was purchased or received and the date when such purchases or receipts occurred.
(Code 1976, § 16-23)
State Law reference— Similar provisions, Code of Virginia, § 46.2-1206.
Editor's note— Ord. of 9-20-04(2), repealed § 15-296, which pertained to authorized vehicles and sale thereof; disposition of proceeds of sale. See also the Code Comparative Table.
No vehicle shall be removed by or at the direction of a police officer from privately owned property under this article without the written request of the owner, lessee or occupant thereof, and the person at whose request such vehicle is removed from privately owned property shall indemnify the city against any loss or expense incurred by reason of removal, storage or sale thereof.
(Code 1976, § 16-13; 9-20-04(2))
Removal of vehicles by the city pursuant to this article shall be performed only in the presence and under the direction and supervision of a police officer. The chief of police shall maintain official records of and shall establish regulations pertaining to actions undertaken by police personnel pursuant to this article.
(Code 1976, § 16-13; 9-20-04(2))
The owner of a motor vehicle, trailer or semitrailer impounded pursuant to this article, before obtaining possession thereof, shall pay to the city all reasonable costs incidental to its removal and storage and locating the owner.
(Code 1976, § 16-13)
If the owner of a motor vehicle, trailer or semitrailer impounded under this article fails or refuses to pay the costs referred to in section 15-299, or if the identity or whereabouts of the owner is unknown and unascertainable after a diligent search has been made, and after notice to him at his last known address and to the holder of any lien of record in the office of the state department of motor vehicles against the motor vehicle, trailer or semitrailer, the vehicle shall be treated as an abandoned vehicle under the provisions of article VII of this chapter.
(Code 1976, § 16-13)
(a)
The city's police officers are hereby authorized to take possession of and to remove certain motor vehicles, trailers or semitrailers (each hereinafter, "vehicle") for safekeeping, under the following circumstances:
(1)
Any vehicle that is involved in an accident, and is located so as to block or impede the orderly movement of traffic may be removed by or at the direction of the police to some point in the vicinity of the accident where it will not impede the flow of traffic, or to a storage area for safekeeping. In the event any such vehicle is removed to a storage area for safekeeping, the police shall report the removal to the department of motor vehicles, and to the owner of the vehicle, as promptly as possible. Before obtaining possession of a vehicle that has been removed to a storage area the owner shall pay to the parties entitled thereto all costs incidental to its removal and storage.
(2)
A police officer may remove, or cause a vehicle to be removed to a storage area for safekeeping, if:
(i)
The vehicle is left unattended on a public street or other public property and it constitutes a traffic hazard;
(ii)
The vehicle is illegally parked, in violation of City Code sections 15-7, 15-129, 15-133, 15-137, 15-138, 15-139, 15-140, or 15-208;
(iii)
The vehicle is left unattended for more than ten (10) days on public property, or on any private property (subject to the provisions of section 15-297 of this article) without the permission of the owner, lessee, or occupant of such private property;
(iv)
The vehicle is stalled, stuck, or abandoned on a street designated pursuant to City Code section 15-7 as a snow or other emergency route, or if the vehicle is immobilized on any other street as a result of weather conditions or other emergency situation, or
(v)
The vehicle is parked on a public street or other public property, and there are more three (3) or more unsettled parking violations. For the purposes of this section "unsettled" shall refer to a parking violation for which the fine has not been voluntarily paid, for which there is no pending disposition of an administrative appeal, and for which the vehicle owner or operator has not requested a hearing in the general district court. It shall be the duty of the police personnel removing the vehicle, or under whose direction such vehicle is removed, to notify the owner of such removal as soon as practicable, and to inform the owner of the nature and circumstances of the parking violation notices for which the vehicle was removed.
(b)
In order to facilitate the actions of police acting pursuant to this article, the city may contract with a qualified person owning or operating towing and vehicle storage services or may use a rotation system composed of qualified persons owning or operating towing and vehicle storage services, subject to the following conditions:
(1)
The contract shall be let only by competitive bids, and shall provide that the owner or operator of the towing and storage service shall indemnify the owners of vehicles for loss of, or damage to, the vehicles or contents thereof during such removal or storage. If no bids are received after having been duly solicited by public advertisement, the contract may be let on a negotiated basis. Such contractors shall further be required to furnish the city with evidence of liability insurance adequate to cover such indemnity. Such contract shall also specify the amounts to be charged for removal and storage.
(2)
The rotation system shall be composed of persons owning or operating towing and vehicle storage systems who meet criteria based on relevant objective standards developed by the chief of police. The standards shall include, but not be limited to, the same insurance requirements as are necessary to operate a towing and vehicle storage service by contract as described in (1) above.
(c)
The owner of a vehicle removed under this section may reclaim it upon payment of all costs incidental to its removal and storage and of locating the owner. Costs of removal and storage shall constitute a lien on the vehicle in favor of the towing and storage operator. Such charges shall be in addition to any fine which may be levied for parking in violation of this chapter. In the case of a vehicle towed due to having prior unsettled parking violations, all outstanding fines must also be paid before the vehicle may be reclaimed. If the owner fails or refuses to pay such costs and fines, or if his identity or whereabouts is unknown and unascertainable after a diligent search has been made, and after notice to him at his last known address and to the holder of any lien of record with the department of motor vehicles against the vehicle, the vehicle may be disposed of in accordance with sections 15-273 and 15-274 of the City Code.
(Code 1976, § 16-43.1; 9-20-04(2); 11-6-06(1), § 2)
(a)
Any vehicle parked on a public street or other public property, for which there are three (3) or more unsettled parking violations, may be immobilized in a manner which will prevent its removal or operation except by authorized law-enforcement personnel. For the purposes of this section "unsettled" shall refer to a parking violation for which the fine has not been voluntarily paid, for which there is no pending disposition of an administrative appeal, and for which the vehicle owner or operator has not requested a hearing in the general district court.
(b)
Immobilization of a vehicle pursuant to this section shall be by or under the direction of an officer or employee of the police department. It shall be the duty of the police personnel immobilizing the vehicle, or under whose direction such vehicle is immobilized, to inform as soon as practicable the owner of the immobilized vehicle of the nature and circumstances of the prior unsettled parking violation notices for which the vehicle was immobilized. There shall be placed on the vehicle, in a conspicuous manner, a notice warning that the vehicle has been immobilized and that any attempt to move the vehicle might damage it.
(c)
The owner of an immobilized vehicle, or other person acting on his behalf, shall be allowed at least twenty-four (24) hours from the time of immobilization to repossess or secure the release of the vehicle. After this twenty-four-hour period, if the owner has failed to repossess or secure the release of the vehicle, then police may remove the vehicle to a storage area for safekeeping. Such removal shall be by or under the direction of a police officer..
(d)
The owner of the vehicle, or other person acting on his behalf, shall be permitted to repossess or to secure the release of the vehicle by payment of the outstanding parking violation notices for which the vehicle was immobilized and by payment of all costs incidental to the immobilization, removal, and storage of the vehicle, and the efforts to locate the owner of the vehicle. Should the owner fail or refuse to pay such fines and costs, or should the identity or whereabouts of the owner be unknown and unascertainable after a diligent search has been made, then after notice to the owner at his last known address, and to the holder of any lien of record with the department of motor vehicles, the vehicle may be disposed of in accordance with section 15-273 and section 15-274 of the City Code.
(Ord. of 5-21-01(3), § 1; 9-20-04(2); 11-6-06(1), § 2)
The following words, terms and phrases used in this article shall have the meanings set forth below:
Advisory board means the Charlottesville Towing Advisory Board;
City means the City of Charlottesville, Virginia.
Council means the Charlottesville City Council.
Department or CPD means the Charlottesville Police Department.
DCJS means the Virginia Department of Criminal Justice Services.
Driver means a person who drives or is in actual physical control of a tow truck.
Drop fee means a fee that is charged a vehicle owner for disconnecting a vehicle from a tow truck prior to leaving private property.
Equipment means any tow truck, vehicle or related machinery or tools used to provide towing.
Immobilize means to prevent a vehicle from moving using a procedure or piece of equipment, such as a boot. Immobilization does not include attachment to a tow truck.
Law enforcement officer means any officer authorized by law to direct or regulate traffic or to make arrests for violations of the Code of Virginia or local ordinances.
Operator or towing and recovery operator means any person, including a business, corporation, or sole proprietor, offering services involving the use of a tow truck and services incidental to the use of a tow truck.
Personal property means any property in a vehicle which is not attached to or considered to be necessary for the proper operation of the vehicle.
Property owner means the owner, operator, authorized agent, or lessee of any land, space, or area used for parking or authorized agent of the person having control of such premises.
Storage site means a location where vehicles are taken until the owner reclaims the vehicle or it is sold, including any office or parking areas.
Show up fee means a fee that is charged a vehicle owner for initiating a tow but prior to and in lieu of engaging a vehicle by a physical or mechanical means to a tow truck prior to leaving private property.
Tow or towed means when the tow truck has engaged a vehicle by a physical or mechanical means that can remove a vehicle from private property.
Tow truck or truck means a motor vehicle for hire (i) designed to lift, pull, or carry another vehicle by means of a hoist or other mechanical apparatus and (ii) having a manufacturer's gross vehicle weight rating of at least ten thousand (10,000) pounds. Tow truck also includes vehicles designed with a ramp on wheels and a hydraulic lift with a capacity to haul or tow another vehicle, commonly referred to as "rollbacks."
Towing coordinator means the person appointed by the city manager to administer and enforce the regulations herein.
Vehicle means every device in, on or by which any person or property is or may be transported or drawn on a highway, except devices moved by human power or used exclusively on stationary rails or tracks.
Vehicle owner means the owner, operator, authorized agent, or lessee of a vehicle.
(2-4-13)
(a)
This article shall apply to all private property upon which vehicle parking is commercially provided within the boundaries of the City of Charlottesville, and to all towing and recovery operators conducting business within the boundaries of the City of Charlottesville.
(b)
This article shall not apply to:
(1)
Federal, state, or local public service vehicles.
(2)
Vehicle repossession activities.
(3)
Vehicles towed, moved, or stored at the request of a law enforcement officer.
(c)
The provisions of this section shall not be construed to prohibit vehicles from being towed when such towing is otherwise permitted by law.
(2-4-13)
It shall be unlawful for any person to violate any of the provisions of this article, or any regulation adopted pursuant to this article. Unless otherwise stated, each violation shall constitute a traffic infraction punishable by a fine of not more than that provided for a Class 4 misdemeanor.
(2-4-13)
A property owner may have a vehicle towed to a storage site or immobilized without the permission of the vehicle owner if the vehicle is occupying the private property without permission of the property owner, and if all conditions set forth in this article are met.
(2-4-13)
The following words, terms and phrases used in this article shall have the meanings set forth below.
Citizen member means a member who has no direct or indirect interest, other than as a consumer, in or relating to the towing and recovery industry.
Law enforcement member means a member who is a Charlottesville police officer and appointed to the towing advisory board.
Member means a person appointed to the towing advisory board.
Towing member means an individual who, prior to appointment, and throughout the appointment term, shall be an operator of a towing business in Charlottesville.
(2-4-13)
(a)
There shall be a towing advisory board ("advisory board"). The advisory board shall be composed of six (6) members, two (2) of whom shall represent the towing industry, two (2) of whom shall represent local law enforcement agencies, one (1) of whom shall be a citizen member, representing the community at large, and one (1) of whom shall be an alternate citizen member. Members of the advisory board shall be appointed or confirmed by the city council for terms of three (3) years each. The terms shall be staggered with no more than two (2) terms and no less than one (1) term to commence in any one (1) year. Vacancies shall be filled by the city council as they arise. A chairperson shall be elected by the advisory board from among the members of the advisory board. The advisory board may adopt bylaws, rules and regulations governing its responsibilities and duties hereunder.
(b)
The advisory board shall meet at the call of the chairperson, or two (2) members of the advisory board after notice to all members, or upon request of the city council. The advisory board shall meet at least once per year. The staff of the advisory board shall be from the Charlottesville Police Department. The chief of police, or his or her designee, shall attend all meetings of the advisory board.
(c)
A quorum will consist of a towing member, a law enforcement member and a citizen member.
(d)
The advisory board shall advise the city council and provide recommendation(s) as necessary for proposed changes to this article.
(2-4-13)
The towing coordinator shall have the following duties:
(1)
Receive, investigate, record, and attempt to resolve towing complaints.
(2)
Forward complaints that cannot be successfully mediated to the office of the attorney general.
(3)
Refer suspected violations of law to the proper enforcing agency.
(4)
Maintain records of towing complaints and their disposition.
(5)
Develop programs of towing education and information and disseminate such information.
(6)
Provide advice and information on towing matters to judicial, legislative, administrative, and other public and private bodies.
(7)
Analyze the nature of towing problems in Charlottesville and recommend to the city council legislative and administrative changes.
(8)
Receive and process annual operator registrations.
(9)
Conduct reviews, inspections, and investigations of towing storage facilities and operations.
(2-4-13)
(a)
All operators engaged in immobilizing or towing vehicles without the consent of the vehicle owner shall register with the City of Charlottesville prior to the initiation of any such operations and during January of each subsequent year. To obtain a registration certificate, the following information and documents must be provided to the department:
(1)
Name, address and telephone number of the business engaged in immobilizing or towing;
(2)
Name and telephone number of the business owner and/or manager;
(3)
Copy of the operator's business license issued pursuant to City Code section 14-19(d)(39);
(4)
Address and telephone number of each storage site to which vehicles will be towed; and
(5)
Proof of business insurance and tow truck insurance.
(b)
Any change to information provided at registration shall be provided to the department within thirty (30) calendar days of the change.
(c)
Each tow truck, while towing, shall have in the vehicle a copy of the city-issued registration certificate.
(d)
A tow truck driver shall have obtained an authorization document issued by the Virginia Department of Criminal Justice Services in order to operate a tow truck while providing towing services.
(2-4-13)
(a)
The owner of any parking area subject to this article shall post permanent signs at all entrances, clearly visible during daytime and nighttime hours, that conspicuously disclose that any unauthorized vehicles will be towed or immobilized.
(b)
Such signs, at a minimum, shall (all measurements are approximate):
(1)
Be made of metal, PVC or a comparably sturdy and permanent material.
(2)
Be eighteen (18) inches high and twelve (12) inches wide.
(3)
Contain reflective letters and reflective graphics;
(4)
Contain the international towing symbol that is at least three (3) inches high by six (6) inches wide as found in the Federal Highway Administration, "Manual on Uniform Traffic Control Devices";
(5)
Use Series B or Clearview lettering found in the Federal Highway Administration, "Manual on Uniform Traffic Control Devices";
(6)
Contain "towing enforced" in a font size of two-inch letters;
(7)
Contain "If Towed Call (434) 970-3280" in a font size of one-inch letters, which is the Charlottesville Police Department's non-emergency telephone number; and
(8)
Contain the name, address and contact information of the company which is authorized to tow vehicles from the parking area.
(9)
Contain "No Change Given" in a font size of two-inch letters if parking meter machines do not dispense change to patrons.
(c)
Signs that exist prior to adoption of this article that, in the sole opinion of the towing coordinator, substantially conform to the above requirements, may remain in place in lieu of replacement.
(2-4-13)
An operator shall maintain written and electronic records for each towed or immobilized vehicle for a period of three (3) years after such tow or immobilization, and they shall be produced at any time, upon reasonable notice, to the towing coordinator or his or her designee. Records to be retained shall include:
(1)
The information required to be provided to the Charlottesville Police Department and other local law enforcement agencies;
(2)
A legible copy of the receipt provided to vehicle owner; and
(3)
Photographs and any other documentation supporting the tow.
(2-4-13)
(a)
All tow trucks must display evidence of being in compliance with state safety inspection requirements. All tow truck safety devices must be operational and used, in compliance with local, state, and federal laws and regulations.
(b)
All tow trucks shall have the following identifying markings of a contrasting color to the truck body on both sides of each tow truck:
(1)
The operator's business name as registered with the city in a font not less than three (3) inches in height.
(2)
The operator's telephone number in a font not less than three (3) inches in height.
(c)
Each immobilization device will have a label, clearly visible while the device is in position immobilizing a vehicle that lists the operator's name and telephone number, immobilization fee, and the operator's telephone number.
(d)
The Charlottesville Police Department shall be notified by the operator no later than fifteen (15) minutes after initiating the immobilization or towing of a vehicle. Such notification shall include:
(1)
Operator name and identification of the employee who towed or immobilized the vehicle;
(2)
Make, model, color, year and vehicle identification number of the towed or immobilized vehicle;
(3)
License plate type (such as passenger car, truck, dealer, taxi, disabled), number and state of the towed or immobilized vehicle;
(4)
Address where the vehicle was towed from or immobilized;
(5)
Reason for the tow or immobilization;
(6)
Time such tow or immobilization was initiated; and
(7)
Storage site address where the vehicle is located and the operator's telephone number.
(e)
It shall be unlawful to fail to report a tow or immobilization as required by subsection (d) above. Violation of the reporting requirements of this section shall constitute a traffic infraction punishable by a fine of not more than one hundred dollars ($100.00), and limit the amount which may be charged for the storage and safekeeping of the towed vehicle to an amount no greater than that charged for one (1) day of storage and safekeeping.
(f)
An operator must tow each vehicle directly to a storage site in the city and identified by the operator pursuant to subsection 15-420(a)(4). The vehicle must remain in that lot for at least thirty (30) calendar days if the owner fails to claim the vehicle.
(g)
Photographic evidence clearly substantiating the vehicle's condition, location, and reason for the vehicle's tow or immobilization must be made prior to connecting the tow truck to the vehicle, and retained in accordance with section 15-422.
(h)
Once an operator connects to a vehicle and tows a vehicle from private property, the vehicle must be taken directly to a storage site registered with the department. Changing the towing vehicle is not permitted unless the original tow truck becomes non-operational.
(i)
While being towed, vehicles shall be properly secured in accordance with all laws, regulations, and tow truck manufacturer recommendations.
(j)
Nothing in this article shall release the operator from liability for failure to use reasonable care to prevent damage to the towed vehicle or its contents.
(2-4-13)
(a)
A storage site shall be lighted during the hours of darkness to afford clear visibility to all portions of the storage site.
(b)
A towed vehicle shall not be stored more than a reasonable walking distance from the area where towing and storage fee payments are received.
(c)
The operator shall exercise reasonable care to keep the towed vehicle and its contents safe and secure at all times, which shall include appropriate permanent fencing.
(d)
No operator may take a vehicle to a storage site which does not meet the following standards and comply with all other applicable ordinances and regulations:
(1)
A clearly visible sign must be posted at the entrance of the storage site that provides the operator's contact information, instructions and a local telephone number for obtaining release of a vehicle;
(2)
A clearly visible sign with a list of the operator's fees for immobilization, towing and storage services;
(3)
A clearly visible sign listing the Charlottesville Police Department's web site, office address, and telephone number.
(2-4-13)
(a)
Nothing shall be removed from the vehicle by the operator without the express consent of the vehicle owner.
(b)
Personal property in the towed vehicle shall be made available for release within one (1) hour of a request of the vehicle owner without charge. It shall be the duty of the operator to return such personal property to the vehicle owner if the vehicle owner claims the items prior to auction. Any lien created under this article shall not extend to any personal property.
(2-4-13)
(a)
If a tow truck arrives at the private property for the purpose of initiating a tow pursuant to these regulations, the vehicle shall not be towed upon request of the vehicle owner if the vehicle owner removes the vehicle from the private property or corrects the violation before the vehicle is engaged by a physical or mechanical means to a tow truck. The vehicle owner shall be liable for a show up fee, as set forth in this article, in lieu of towing.
(b)
If the vehicle has been connected to the tow truck and has not yet left the private property, the vehicle shall not be towed upon request of the vehicle owner. The vehicle owner shall be liable for a drop fee, as defined in this article, in lieu of towing, provided that the vehicle owner removes the vehicle from the property or corrects the violation.
(b)
A vehicle moved to a storage site shall be made available for release within one (1) hour of request of the vehicle owner.
(c)
The operator or operator's agent will be available to be contacted by telephone twenty-four (24) hours a day, seven (7) days per week, unless there are no immobilized cars under the operator's control.
(d)
The operator shall accept the following forms of payment for any services: (i) cash; (ii) three (3) major national credit cards; (iii) MasterCard or Visa debit cards.
(e)
In all cases when a vehicle is immobilized, towed, and/or fees are charged, the operator will provide the vehicle owner with a receipt that bears the: (i) complete name, address, and telephone number of the operator that towed the vehicle; (ii) date and time the vehicle was towed; (iii) address from which the vehicle was towed; (iv) person authorizing the tow; (v) reason for the tow; (vi) driver identification; (vii) time the vehicle was released; (viii) an itemized list of all fees assessed in the immobilization, towing, storage, and/or release of the vehicle; and (ix) the printed name of the person to whom the vehicle was released. Upon request of the vehicle owner, the operator shall provide photographic evidence and any other documentation substantiating the vehicle's condition, location, and reason for the vehicle's tow or immobilization within five (5) business days of such request.
(f)
If any requirements of this section are not met for such immobilization or tow, no fee shall be charged.
(2-4-13)
(a)
The operator will provide to the vehicle owner, upon request, a copy of supporting documentation for the tow, including photographs and written materials required by section 15-423(g).
(b)
Whenever it is necessary for purposes of enforcement of this article, the duly authorized agent of the towing coordinator may enter any towing business, business establishment, or storage site to obtain information, conduct surveys, audits, compliance reviews, or investigations.
(2-4-13)
(a)
It shall be unlawful for an operator to charge any fees exceeding the fees set forth in this section.
(b)
Immobilization. An operator may charge a vehicle owner a maximum fee of twenty-five dollars ($25.00) for the release of a vehicle when it is immobilized. No other fee of any type may be charged.
(c)
Show-up fee. If an operator is summoned by the property owner or the property owner's agent to a location to tow a specific vehicle, and the vehicle owner is present and removes the vehicle from the private property or corrects the violation before the vehicle is connected to the tow truck, a fee of twenty-five dollars ($25.00) may be charged the vehicle owner by the operator, provided that the operator obtains the authorization to initiate the tow of that specific vehicle from the owner of the property from which the vehicle is towed, or agent of the owner, in writing or by electronic means, including, but not limited to, e-mail, text message or facsimile. Such authorization shall be in addition to any written contract between the towing and recovery operator and the owner of the property or agent of the owner. For the purposes of this subsection, "agent" shall not include any person who either (i) is related by blood or marriage to the towing and recovery operator or (ii) has a financial interest in the towing and recovery operator's business.
(d)
Drop fee. An operator may charge a vehicle owner a maximum fee of fifty dollars ($50.00) for the release of a vehicle prior to towing the vehicle from private property, if it has been hooked up to tow truck. No other fee of any type may be charged.
(e)
Hookup and initial towing fee shall not exceed:
For vehicles with a gross vehicle weight rating (GVWR) of ten thousand (10,000) pounds or less ..... $125.00
For vehicles with a GVWR of ten thousand one (10,001) pounds through twenty-six thousand (26,000) pounds ..... 250.00
For vehicles with a GVWR greater than twenty-six thousand one (26,001) pounds ..... 500.00
For the initiation of a tow of a vehicle on weekdays between 7:00 p.m. and 8:00 a.m. or on any Saturday, Sunday, or national holiday, a maximum additional fee of twenty-five dollars ($25.00) per tow may be charged; however, in no event shall more than one (1) such fee be charged for towing any such vehicle.
(f)
Storage fee for the safekeeping of vehicles:
(1)
No charge shall be made for storage and safekeeping of a vehicle for the first twenty-four (24) hours that the vehicle is held at the storage site.
(2)
After the vehicle is held at the storage site for more than twenty-four (24) hours, a storage fee may be charged for each subsequent twenty-four-hour period, or any portion thereof, at a rate not to exceed fifty dollars ($50.00) for any vehicle twenty-two (22) feet long or less and an additional five dollars ($5.00) per foot for any vehicle over twenty-two (22) feet in length.
(g)
If a fee for notification of lien holder, owner, agent or other interested party is charged, it shall not exceed one hundred fifty dollars ($150.00). This fee may only apply after the vehicle is held at the storage site over three (3) full business days. If any such fee is charged, a copy of the Virginia Department of Motor Vehicles report will be attached to the receipt given to the vehicle owner.
(h)
No administrative fees or any other charges may be collected unless expressly set forth herein.
(i)
An operator may not require a vehicle owner to sign any waiver of the vehicle owner's right to receive compensation for damages to the vehicle as a condition of the owner retrieving the vehicle.
(2-4-13)
(a)
The towing coordinator shall conduct a review of towing rates every three (3) years.
(b)
Any review of rate changes as well as any recommended change to any rule, regulation, or practice thereto shall come before the advisory board, which meeting shall be open to the public and be scheduled as soon as analysis, investigation, and administration permit. All recommendations of the advisory board and the towing coordinator shall be conveyed to the city council for its consideration, determination and potential adoption.
(c)
Whenever the towing coordinator or advisory board determines a rate change is warranted, all registered operators shall provide notice to the public of proposed changes in rates and charges thereto, by means of a sign posted in a clearly visible place at each of their fixed places of business. Such notice shall be on a document no smaller than eight and one-half (8.5) by eleven (11.0) inches, printed in no smaller than twelve-point type, and shall contain substantially the following information:
Notice of Proposed Rate Change
(Insert the name of the operator)
A proposed change in towing rates is under consideration by the City of Charlottesville. The proposed rates are: (Insert description of the proposed changes).
The proposed towing rate change will be considered by the Towing Advisory Board. The date, time and location of the meeting may be obtained by calling the Office of the City Manager. Any interested person may appear before the Advisory Board to be heard on this proposed change.
(d)
Notices with respect to a proposed rate change shall be posted within ten (10) days of provision of a staff report for such change by the towing coordinator, and shall remain posted until the proposed change in rates is denied or becomes effective.
(2-4-13)
This chapter may be cited as the "Noise Control Ordinance of the City of Charlottesville." It shall be applicable to the control of noises originating within the city limits.
(Code 1976, § 16.1-1)
The council hereby finds and declares that excessive sound is a serious hazard to the public health, welfare, peace and safety and the quality of life; that a substantial body of science and technology exists by which excessive sound may be substantially abated; that the people have a right to and should be ensured an environment free from excessive sound that may jeopardize the public health, welfare, peace and safety or degrade the quality of life; and that it is the policy of the city to prevent such excessive sound.
(Code 1976, § 16.1-1.1)
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
A-weighted sound level means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.
Background noise level shall mean the aggregate of all sound sources impacting at the place where a specific sound generation is measured or evaluated, excluding the specific sound generation itself.
Decibel (dB) means a unit for measuring the volume of a sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals (twenty (20) micronewtons per square meter).
Downtown Business District means, for the purposes of this chapter, that portion of the city's downtown business district bordered by Market Street on the north, Water Street on the south, Ridge-McIntire Road on the west, and to 7th Street, S.E. on the east (as if extended in a straight line in a southerly direction from its current terminus to Water Street), consisting of public streets, public sidewalks and pedestrian walkways, public open spaces, outdoor cafe areas operated under any permit granted by the city, public or privately-owned alleys and any privately-owned outdoor property that is open to the public for commercial or recreational purposes.
Emergency means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.
Emergency work means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
Gross vehicle weight rating (GVWR) means the value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating (GCWR), which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle, shall be used.
Instrument, machine or device means and refers to any musical instrument, radio, phonograph, compact disc player, cassette tape player, amplifier or any other machine or device for producing, reproducing or amplification of sound.
Motor carrier vehicle engaged in interstate commerce means any vehicle for which regulations apply pursuant to section 18 of the Federal Noise Control Act of 1972 (P.L. 92-574), as amended, pertaining to motor carriers engaged in interstate commerce.
Motorcycle means any motor vehicle designed to travel on not more than three (3) wheels in contact with the ground and any four-wheeled vehicle weighing less than five hundred (500) pounds and equipped with an engine of less than six (6) horsepower, excepting farm tractors.
Motor vehicle means any self-propelled device or device designed for self-propulsion, upon or by which any person or property is or may be drawn or transported upon a street or highway, except devices moved by human power or used exclusively upon stationary wheels or tracks.
Noise means any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
Property boundary means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned, leased or otherwise legally controlled by one (1) person from that owned, leased or otherwise legally controlled by another person, including intra-building real property divisions.
Residential zone means any location within an R-1, R-1U, R-1S, R-1U(S), R-2, R-2U, R-3, R-UMD, R-UHD, the McIntire/Fifth Street Residential Corridor, RMHP or PUD district as set forth in Chapter 34 of this Code.
Restaurant means any building or structure where in the normal course of business food or drink is available for eating on the premises, in consideration for payment. For purposes of this chapter, the term restaurant includes, but is not limited to, bars, lounges, taverns, coffee shops and cafes.
Sound means an oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.
Sound generation means any conduct, activity or operation, whether human, mechanical, electronic or other, and whether continuous, intermittent or sporadic, and whether stationary or ambulatory in nature, which produces or results in an audible sound.
Sound level means the weighted sound pressure level obtained by the use of a sound level meter and the A-frequency weighting network, as specified in American National Standards Institute specifications for sound level meters.
Sound level meter means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter and weighting networks used to measure sound pressure levels.
(Code 1976, § 16.1-2; 9-17-01; 3-3-08)
Cross reference— Definitions and rules of construction generally, § 1-2.
The noise control program established by this chapter shall be enforced and administered by the police department with the assistance of other city departments as required.
(Code 1976, § 16.1-3)
(a)
Any person who violates any provision of this chapter shall be deemed to be guilty of a Class 4 misdemeanor.
(b)
The person operating or controlling a noise source shall be guilty of any violation caused by that source. If that cannot be determined, any owner, tenant, resident or manager physically present on the property where the violation is occurring is rebuttably presumed to be guilty of the violation.
(Code 1976, § 16.1-8; 3-3-08)
Cross reference— Penalty for Class 4 misdemeanor, § 1-11.
No provisions of this chapter shall apply to the emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work.
(Code 1976, § 16.1-7)
In order to implement and enforce this chapter effectively, the chief of police shall develop and promulgate standards and procedures for testing and validating sound level meters used in the enforcement of this chapter.
(Code 1976, § 16.1-4)
(a)
Nighttime. No person shall permit, operate or cause any source of sound to create a sound level in a residential zone or within any residential building during the hours between 10:00 p.m. and 6:00 a.m. in excess of fifty-five (55) dB(A) when measured at or outside the property boundary.
(b)
Daytime. No person shall permit, operate or cause any source of sound to create a sound level in a residential zone or within any residential building during the hours between 6:00 a.m. and 10:00 p.m. in excess of sixty-five (65) dB(A) when measured at or outside the property boundary.
(c)
Measurements in multifamily structures. In a structure used as a multifamily dwelling the police department may take measurements to determine sound levels from common areas within or outside the structure or from other dwelling units within the structure, when requested to do so by the owner or tenant in possession and control thereof. Such measurement shall be taken at a point at least four (4) feet from the wall, ceiling or floor nearest the noise source, with doors to the receiving area closed and windows in the normal position for the season.
(d)
Exemptions. The following activities or sources of noise shall be exempt from the daytime prohibition set forth in subsection (b) of this section:
(1)
Band performances or practices, athletic contests or practices and other school-sponsored activities on the grounds of public or private schools or the University of Virginia.
(2)
Athletic contests and other officially sanctioned activities in city parks.
(3)
Activities related to the construction, repair, maintenance, remodeling or demolition, grading or other improvement of real property.
(4)
Gardening, lawn care, tree maintenance or removal and other landscaping activities.
(5)
Church bells or carillons.
(6)
Religious or political gatherings and other activities protected by the First Amendment to the United States Constitution.
(7)
Activities for which the regulation of noise has been preempted by federal law.
(8)
Public and private transportation, refuse collection and sanitation services.
(Code 1976, § 16.1-5)
Charter reference— Requirement for exemptions set out in subsection (d), § 50.5A.
(a)
No person shall operate or cause to be operated a public or private motor vehicle or motorcycle on a public right-of-way at any time in such a manner that the sound level emitted by the motor vehicle or motorcycle, when measured at a distance of fifty (50) feet or more, exceeds the level set forth in the following table:
| Sound level in dBA | ||
| Vehicle Class | Speed limit 35 MPH or less | Speed limit over 35 MPH |
| All motor vehicles of GVWR or GCWR of 6,000 lbs. or more | 86 | 90 |
| Any motorcycle | 82 | 86 |
| Any other motor vehicle or any combination of vehicles towed by any motor vehicle | 76 | 82 |
(b)
This section shall not apply to any motor carrier vehicle engaged in interstate commerce.
(c)
Notwithstanding any other provisions of this section or provisions of this chapter related to noise, it shall be unlawful for any person to play or operate or permit the playing, use or operation of any radio, tape player, compact disc player, loud speaker or other electronic device used for the amplification of sound, which is located within a motor vehicle being operated or parked on public or private property within the city, including any public or private street or alley, in such manner as to disturb the peace, quiet and comfort of passersby or other persons outside of the subject motor vehicle. The operation of any such machine or device between the hours of 10:00 p.m. and 6:00 a.m. in such a manner as to be audible to the human ear at a distance of one hundred (100) or more feet from the vehicle in which it is located shall be prima facie evidence of a violation of this section. Such acts for purposes of this subsection are hereby found to be the creation of unreasonably loud, disturbing and unnecessary noise in the city.
The provisions of this subsection shall not apply to motor vehicles driven in a duly authorized parade, nor to motor vehicle alarms or other security devices, nor to the emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work.
(Code 1976, § 16.1-6; 8-18-97)
Cross reference— Motor vehicles and traffic, Ch. 15.
(a)
In the Downtown Business District, it shall be unlawful for any person to make, cause or continue any sound generation in such a manner as to unreasonably disturb the comfort, health, peace, quiet, safety, or welfare of others.
(b)
The use or operation of any instrument, machine, device or human voice to cause a sound generation of seventy-five (75) db(A) or more at a distance of ten (10) feet or more from the source of the sound generation shall constitute prima facie evidence of a violation of section 16-10(a) above.
(c)
The prohibitions set forth within this section shall not apply to any sound generation which occurs:
(1)
As part of a "community event," as that term is defined within City Code section 28-29(c); or
(2)
[ Reserved ];
(3)
As part of any emergency signal device, such as a gong, bell, siren, whistle, or horn, or any similar device for the purposes set forth within section 16-6; or
(4)
From public and private transportation, refuse collection and sanitation services.
(d)
Sound generation from a special event, conducted in accordance with a valid permit issued by the city in accordance with the city's special events regulations, shall be in compliance with the noise level and sound amplification requirements set forth in the permit for that special event, in lieu of the prohibitions set forth within this section.
(9-17-01; 3-3-08; 5-2-11)
No person shall permit, operate or cause any amplified sound to create a sound level emanating from a restaurant or music hall during the hours between 11:00 p.m. and 6:00 a.m. in excess of seventy-five (75) dB(A) (fifty-five (55) dB(A) in the Neighborhood Commercial Corridor district, described at City Code section 34-541) when measured at a residential property boundary.
(3-3-08; 3-1-10(1); 8-16-10(2))
(a)
The decibel level of any noise regulated by this chapter may be measured by the use of a sound level meter which measures sound pressure levels. Such measurements shall be accepted as prima facie evidence of the level of noise at issue in any court or legal proceeding to enforce the provisions of this chapter.
(b)
The accuracy of the sound level meter may be tested by a calibrator. Any sworn report of the results of any test of the calibrator for the accuracy of a sound level meter shall be admissible in court in any criminal or civil proceeding, as evidence of the facts therein stated.
(c)
An individual operating a sound level meter pursuant to the provisions of this chapter shall issue a certificate to indicate:
(1)
That the sound level meter used to take the decibel level reading was operated in accordance with the manufacturer's specifications;
(2)
That the city has on file a sworn report which states that the sound level meter has been tested within the past twelve (12) months and has been found to be accurate;
(3)
The name of the accused;
(4)
The location of the noise;
(5)
The date and time that the reading was made; and
(6)
The decibel level reading.
Such certificate, when attested by the operator taking the decibel level reading, shall be admissible in court in any criminal or civil proceeding as evidence of the facts therein stated and of the decibel level reading. A copy of the certificate shall be delivered to the accused upon request.
(9-17-01; 3-3-08)
This chapter may be cited as the "Noise Control Ordinance of the City of Charlottesville." It shall be applicable to the control of noises originating within the city limits.
(Code 1976, § 16.1-1)
The council hereby finds and declares that excessive sound is a serious hazard to the public health, welfare, peace and safety and the quality of life; that a substantial body of science and technology exists by which excessive sound may be substantially abated; that the people have a right to and should be ensured an environment free from excessive sound that may jeopardize the public health, welfare, peace and safety or degrade the quality of life; and that it is the policy of the city to prevent such excessive sound.
(Code 1976, § 16.1-1.1)
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
A-weighted sound level means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.
Background noise level shall mean the aggregate of all sound sources impacting at the place where a specific sound generation is measured or evaluated, excluding the specific sound generation itself.
Decibel (dB) means a unit for measuring the volume of a sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals (twenty (20) micronewtons per square meter).
Downtown Business District means, for the purposes of this chapter, that portion of the city's downtown business district bordered by Market Street on the north, Water Street on the south, Ridge-McIntire Road on the west, and to 7th Street, S.E. on the east (as if extended in a straight line in a southerly direction from its current terminus to Water Street), consisting of public streets, public sidewalks and pedestrian walkways, public open spaces, outdoor cafe areas operated under any permit granted by the city, public or privately-owned alleys and any privately-owned outdoor property that is open to the public for commercial or recreational purposes.
Emergency means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.
Emergency work means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
Gross vehicle weight rating (GVWR) means the value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating (GCWR), which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle, shall be used.
Instrument, machine or device means and refers to any musical instrument, radio, phonograph, compact disc player, cassette tape player, amplifier or any other machine or device for producing, reproducing or amplification of sound.
Motor carrier vehicle engaged in interstate commerce means any vehicle for which regulations apply pursuant to section 18 of the Federal Noise Control Act of 1972 (P.L. 92-574), as amended, pertaining to motor carriers engaged in interstate commerce.
Motorcycle means any motor vehicle designed to travel on not more than three (3) wheels in contact with the ground and any four-wheeled vehicle weighing less than five hundred (500) pounds and equipped with an engine of less than six (6) horsepower, excepting farm tractors.
Motor vehicle means any self-propelled device or device designed for self-propulsion, upon or by which any person or property is or may be drawn or transported upon a street or highway, except devices moved by human power or used exclusively upon stationary wheels or tracks.
Noise means any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
Property boundary means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned, leased or otherwise legally controlled by one (1) person from that owned, leased or otherwise legally controlled by another person, including intra-building real property divisions.
Residential zone means any location within an R-1, R-1U, R-1S, R-1U(S), R-2, R-2U, R-3, R-UMD, R-UHD, the McIntire/Fifth Street Residential Corridor, RMHP or PUD district as set forth in Chapter 34 of this Code.
Restaurant means any building or structure where in the normal course of business food or drink is available for eating on the premises, in consideration for payment. For purposes of this chapter, the term restaurant includes, but is not limited to, bars, lounges, taverns, coffee shops and cafes.
Sound means an oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.
Sound generation means any conduct, activity or operation, whether human, mechanical, electronic or other, and whether continuous, intermittent or sporadic, and whether stationary or ambulatory in nature, which produces or results in an audible sound.
Sound level means the weighted sound pressure level obtained by the use of a sound level meter and the A-frequency weighting network, as specified in American National Standards Institute specifications for sound level meters.
Sound level meter means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter and weighting networks used to measure sound pressure levels.
(Code 1976, § 16.1-2; 9-17-01; 3-3-08)
Cross reference— Definitions and rules of construction generally, § 1-2.
The noise control program established by this chapter shall be enforced and administered by the police department with the assistance of other city departments as required.
(Code 1976, § 16.1-3)
(a)
Any person who violates any provision of this chapter shall be deemed to be guilty of a Class 4 misdemeanor.
(b)
The person operating or controlling a noise source shall be guilty of any violation caused by that source. If that cannot be determined, any owner, tenant, resident or manager physically present on the property where the violation is occurring is rebuttably presumed to be guilty of the violation.
(Code 1976, § 16.1-8; 3-3-08)
Cross reference— Penalty for Class 4 misdemeanor, § 1-11.
No provisions of this chapter shall apply to the emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work.
(Code 1976, § 16.1-7)
In order to implement and enforce this chapter effectively, the chief of police shall develop and promulgate standards and procedures for testing and validating sound level meters used in the enforcement of this chapter.
(Code 1976, § 16.1-4)
(a)
Nighttime. No person shall permit, operate or cause any source of sound to create a sound level in a residential zone or within any residential building during the hours between 10:00 p.m. and 6:00 a.m. in excess of fifty-five (55) dB(A) when measured at or outside the property boundary.
(b)
Daytime. No person shall permit, operate or cause any source of sound to create a sound level in a residential zone or within any residential building during the hours between 6:00 a.m. and 10:00 p.m. in excess of sixty-five (65) dB(A) when measured at or outside the property boundary.
(c)
Measurements in multifamily structures. In a structure used as a multifamily dwelling the police department may take measurements to determine sound levels from common areas within or outside the structure or from other dwelling units within the structure, when requested to do so by the owner or tenant in possession and control thereof. Such measurement shall be taken at a point at least four (4) feet from the wall, ceiling or floor nearest the noise source, with doors to the receiving area closed and windows in the normal position for the season.
(d)
Exemptions. The following activities or sources of noise shall be exempt from the daytime prohibition set forth in subsection (b) of this section:
(1)
Band performances or practices, athletic contests or practices and other school-sponsored activities on the grounds of public or private schools or the University of Virginia.
(2)
Athletic contests and other officially sanctioned activities in city parks.
(3)
Activities related to the construction, repair, maintenance, remodeling or demolition, grading or other improvement of real property.
(4)
Gardening, lawn care, tree maintenance or removal and other landscaping activities.
(5)
Church bells or carillons.
(6)
Religious or political gatherings and other activities protected by the First Amendment to the United States Constitution.
(7)
Activities for which the regulation of noise has been preempted by federal law.
(8)
Public and private transportation, refuse collection and sanitation services.
(Code 1976, § 16.1-5)
Charter reference— Requirement for exemptions set out in subsection (d), § 50.5A.
(a)
No person shall operate or cause to be operated a public or private motor vehicle or motorcycle on a public right-of-way at any time in such a manner that the sound level emitted by the motor vehicle or motorcycle, when measured at a distance of fifty (50) feet or more, exceeds the level set forth in the following table:
| Sound level in dBA | ||
| Vehicle Class | Speed limit 35 MPH or less | Speed limit over 35 MPH |
| All motor vehicles of GVWR or GCWR of 6,000 lbs. or more | 86 | 90 |
| Any motorcycle | 82 | 86 |
| Any other motor vehicle or any combination of vehicles towed by any motor vehicle | 76 | 82 |
(b)
This section shall not apply to any motor carrier vehicle engaged in interstate commerce.
(c)
Notwithstanding any other provisions of this section or provisions of this chapter related to noise, it shall be unlawful for any person to play or operate or permit the playing, use or operation of any radio, tape player, compact disc player, loud speaker or other electronic device used for the amplification of sound, which is located within a motor vehicle being operated or parked on public or private property within the city, including any public or private street or alley, in such manner as to disturb the peace, quiet and comfort of passersby or other persons outside of the subject motor vehicle. The operation of any such machine or device between the hours of 10:00 p.m. and 6:00 a.m. in such a manner as to be audible to the human ear at a distance of one hundred (100) or more feet from the vehicle in which it is located shall be prima facie evidence of a violation of this section. Such acts for purposes of this subsection are hereby found to be the creation of unreasonably loud, disturbing and unnecessary noise in the city.
The provisions of this subsection shall not apply to motor vehicles driven in a duly authorized parade, nor to motor vehicle alarms or other security devices, nor to the emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work.
(Code 1976, § 16.1-6; 8-18-97)
Cross reference— Motor vehicles and traffic, Ch. 15.
(a)
In the Downtown Business District, it shall be unlawful for any person to make, cause or continue any sound generation in such a manner as to unreasonably disturb the comfort, health, peace, quiet, safety, or welfare of others.
(b)
The use or operation of any instrument, machine, device or human voice to cause a sound generation of seventy-five (75) db(A) or more at a distance of ten (10) feet or more from the source of the sound generation shall constitute prima facie evidence of a violation of section 16-10(a) above.
(c)
The prohibitions set forth within this section shall not apply to any sound generation which occurs:
(1)
As part of a "community event," as that term is defined within City Code section 28-29(c); or
(2)
[ Reserved ];
(3)
As part of any emergency signal device, such as a gong, bell, siren, whistle, or horn, or any similar device for the purposes set forth within section 16-6; or
(4)
From public and private transportation, refuse collection and sanitation services.
(d)
Sound generation from a special event, conducted in accordance with a valid permit issued by the city in accordance with the city's special events regulations, shall be in compliance with the noise level and sound amplification requirements set forth in the permit for that special event, in lieu of the prohibitions set forth within this section.
(9-17-01; 3-3-08; 5-2-11)
No person shall permit, operate or cause any amplified sound to create a sound level emanating from a restaurant or music hall during the hours between 11:00 p.m. and 6:00 a.m. in excess of seventy-five (75) dB(A) (fifty-five (55) dB(A) in the Neighborhood Commercial Corridor district, described at City Code section 34-541) when measured at a residential property boundary.
(3-3-08; 3-1-10(1); 8-16-10(2))
(a)
The decibel level of any noise regulated by this chapter may be measured by the use of a sound level meter which measures sound pressure levels. Such measurements shall be accepted as prima facie evidence of the level of noise at issue in any court or legal proceeding to enforce the provisions of this chapter.
(b)
The accuracy of the sound level meter may be tested by a calibrator. Any sworn report of the results of any test of the calibrator for the accuracy of a sound level meter shall be admissible in court in any criminal or civil proceeding, as evidence of the facts therein stated.
(c)
An individual operating a sound level meter pursuant to the provisions of this chapter shall issue a certificate to indicate:
(1)
That the sound level meter used to take the decibel level reading was operated in accordance with the manufacturer's specifications;
(2)
That the city has on file a sworn report which states that the sound level meter has been tested within the past twelve (12) months and has been found to be accurate;
(3)
The name of the accused;
(4)
The location of the noise;
(5)
The date and time that the reading was made; and
(6)
The decibel level reading.
Such certificate, when attested by the operator taking the decibel level reading, shall be admissible in court in any criminal or civil proceeding as evidence of the facts therein stated and of the decibel level reading. A copy of the certificate shall be delivered to the accused upon request.
(9-17-01; 3-3-08)
It shall be unlawful for any person to attempt to commit any act which is prohibited by this Code or other city ordinance or by any rule, regulation, order or notice duly promulgated or given pursuant to authority thereof, and it shall be unlawful for any person to aid or abet another in the commission or attempted commission of any act which is prohibited by this Code or other ordinance or by any rule, regulation, order or notice duly promulgated or given pursuant to authority thereof.
(Code 1976, § 17-4)
State Law reference— Attempt to commit misdemeanor, Code of Virginia, § 18.2-27.
The provisions of Code of Virginia, section 18.2-341, shall not be effective within the boundaries of the city.
(Code 1976, § 17-28)
State Law reference— Authority for above section, Code of Virginia, § 18.2-342.
It shall be unlawful and a Class 1 misdemeanor for any person to commit a simple assault or assault and battery upon any other person.
(Code 1976, § 17-3)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
State Law reference— Similar provisions, Code of Virginia, § 18.2-57.
It shall be unlawful and a Class 1 misdemeanor for any person to tear down or deface any lawfully posted design, bill or advertisement, so long as the same may be of any benefit to the party posting it; provided, that nothing herein shall prevent a person from tearing down advertisements posted on that person's premises.
(Code 1976, § 17-1)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
It shall be unlawful and a Class 1 misdemeanor for any person in any airplane, dirigible, blimp, balloon or other aircraft to drop any advertising matter within the city, except by written permission of the city manager.
(Code 1976, § 17-2)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
(a)
It shall be unlawful for any person to post any show bill, notice or advertisement or brand, write, mark or paint any sign, letters or characters upon a building, wall, whether interior or exterior, tree, fence or any other property of another person, without first obtaining the consent of the owner or the agent of the owner of such property.
(b)
Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.
(Code 1976, § 17-24)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
The purpose of this section is to: (i) promote the general welfare and protect the general public through the reduction of juvenile violence and crime within the city; (ii) promote the safety and well-being of the city's youngest citizens, persons under the age of seventeen (17), whose inexperience renders them particularly vulnerable to becoming participants in unlawful activities, particularly unlawful drug activities, and to being victimized by older perpetrators of crime; and (iii) foster and strengthen parental responsibility for children.
(a)
Definitions. As used within this section 17-7, the following words and phrases shall have the meanings ascribed to them below:
Curfew hours refers to the hours of 12:01 a.m. through 5:00 a.m. on Monday through Friday, and 1:00 a.m. through 5:00 a.m. on Saturday and Sunday.
Emergency refers to unforeseen circumstances, or the status or condition resulting therefrom, requiring immediate action to safeguard life, limb or property. The term includes, but is not limited to, fires, natural disasters, automobile accidents, or other similar circumstances.
Establishment refers to any privately-owned place of business within the city operated for a profit, to which the public is invited, including, but not limited to any place of amusement or entertainment. With respect to such establishment, the term "operator" shall mean any person, and any firm, association, partnership (and the members or partners thereof) and/or any corporation (and the officers thereof) conducting or managing that establishment.
Minor refers to any person under seventeen (17) years of age who has not been emancipated by court order entered pursuant to Section 16.1-333 of the Code of Virginia, 1950, as amended.
Officer refers to a police or other law enforcement officer charged with the duty of enforcing the laws of the Commonwealth of Virginia and/or the ordinances of the City of Charlottesville.
Parent refers to:
(1)
A person who is a minor's biological or adoptive parent and who has legal custody of a minor (including either parent, if custody is shared under a court order or agreement);
(2)
A person who is the biological or adoptive parent with whom a minor regularly resides;
(3)
A person judicially appointed as a legal guardian of the minor; and/or
(4)
A person eighteen (18) years of age or older standing in loco parentis (as indicated by the authorization of an individual listed in part(s) (1), (2) or (3) of this definition, above, for the person to assume the care or physical custody of the child, or as indicated by any other circumstances).
Person refers to an individual, not to any association, corporation, or any other legal entity.
Public place refers to any place to which the public or a substantial group of the public has access, including, but not limited to: streets, highways, roads, sidewalks, alleys, avenues, parks, and/or the common areas of schools, hospitals, apartment houses, office buildings, transportation facilities and shops.
Remain refers to the following actions:
(1)
To linger or stay at or upon a place; and/or
(2)
To fail to leave a place when requested to do so by an officer or by the owner, operator or other person in control of that place.
Temporary care facility refers to a non-locked, non-restrictive shelter at which minors may wait, under visual supervision, to be retrieved by a parent. No minors waiting in such facility shall be handcuffed and/or secured (by handcuffs or otherwise) to any stationary object.
(b)
It shall be unlawful for a minor, during curfew hours, to remain in or upon any public place within the city, to remain in any motor vehicle operating or parked therein or thereon, or to remain in or upon the premises of any establishment within the city, unless:
(1)
The minor is accompanied by a parent; or
(2)
The minor is involved in an emergency; or
(3)
The minor is engaged in an employment activity, or is going to or returning home from such activity, without detour or stop; or
(4)
The minor is on the sidewalk directly abutting a place where he or she resides with a parent; or
(5)
The minor is attending an activity sponsored by a school, religious, or civic organization, by a public organization or agency, or by another similar organization or entity, which activity is supervised by adults, and/or the minor is going to or returning from such an activity without detour or stop; or
(6)
The minor is on an errand at the direction of a parent, and the minor has in his or her possession a writing signed by the parent containing the following information: the name, signature, address and telephone number of the parent authorizing the errand, the telephone number where the parent may be reached during the errand, the name of the minor, and a brief description of the errand, the minor's destination(s) and the hours the minor is authorized to be engaged in the errand; or
(7)
The minor is involved in interstate travel through, or beginning or terminating in, the City of Charlottesville; or
(8)
The minor is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly.
(c)
It shall be unlawful for a minor's parent to knowingly permit, allow or encourage such minor to violate 17-7(b).
(d)
It shall be unlawful for a person who is the owner or operator of any motor vehicle to knowingly permit, allow or encourage a violation of 17-7(b).
(e)
It shall be unlawful for the operator of any establishment, or for any person who is an employee thereof, to knowingly permit, allow or encourage a minor to remain upon the premises of the establishment during curfew hours. It shall be a defense to prosecution under this subsection that the operator or employee of an establishment promptly notified the police department that a minor was present at the establishment after curfew hours and refused to leave.
(f)
It shall be unlawful for any person (including any minor) to give a false name, address, or telephone number to any officer investigating a possible violation of this section 17-7.
(g)
Enforcement.
(1)
Minors. Before taking any enforcement action hereunder, an officer shall make an immediate investigation for the purpose of ascertaining whether or not the presence of an minor in a public place, motor vehicle and/or establishment within the city during curfew hours is in violation of 17-7(b).
a.
If such investigation reveals that the presence of such minor is in violation of 17-7(b), then:
1.
If the minor has not previously been issued a warning for any such violation, then the officer shall issue a verbal warning to the minor, which shall be followed by a written warning mailed by the police department to the minor and his or her parent(s), or
2.
If the minor has previously been issued a warning for any such violation, then the officer shall charge the minor with a violation of this ordinance and shall issue a summons requiring the minor to appear in court (Ref. Va. Code § 16.1-260(H)(1)), and
b.
As soon as practicable, the officer shall:
1.
Release the minor to his or her parent(s); or
2.
Place the minor in a temporary care facility for a period not to exceed the remainder of the curfew hours, so that his or her parent(s) may retrieve the minor; or
3.
If a minor refuses to give an officer his or her name and address, refuses to give the name and address of his or her parent(s), or if no parent can be located prior to the end of the applicable curfew hours, or if located, no parent appears to accept custody of the minor, the minor may be taken to a nonsecure crisis center or juvenile shelter and/or may be taken to a judge or intake officer of the juvenile court to be dealt with in the manner and pursuant to such procedures as required by law. (Ref. Va. Code § 16.1-260(H)(1); § 16.1-278.6; §§ 16.1-241(A)(1)).
(2)
Others. If an investigation by an officer reveals that a person has violated 17-7(c),(d) and/or (e), and if the person has not previously been issued a warning with respect to any such violation, an officer shall issue a verbal warning to the person, which shall be followed by a written warning mailed by the police department to the person; however, if any such warning has previously been issued to that person then the officer shall charge the person with a violation and shall issue a summons directing the person to appear in court.
(h)
Each violation of this section 17-7 shall constitute a Class 4 misdemeanor.
(Code 1976, §§ 17-10—17-13; 12-16-96, § 1)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
(a)
It shall be unlawful and a Class 1 misdemeanor for any person to appear on the streets, highways, public homes, private homes or public places in the city to make trick or treat visitations; except, that this subsection shall not apply to children twelve (12) years of age and under on Halloween night.
(b)
A special curfew hour of 10:00 p.m. on Halloween night is hereby established for the trick or treat visitations permitted by subsection (a) of this section.
(Code 1976, § 17-18)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
It shall be unlawful and a Class 1 misdemeanor for any person without just cause to call or summon, by telephone or otherwise, any ambulance or rescue apparatus.
(Code 1976, § 11-4)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11; calling fire apparatus without cause, § 12-3.
State Law reference— Similar provisions, Code of Virginia, § 18.2-212.
A person is guilty of disorderly conduct and a Class 1 misdemeanor if, with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:
(1)
In any street, highway, public building, or while in or on a public conveyance or public place, engages in conduct having a direct tendency to cause acts of violence by the person or persons at whom, individually, such conduct is directed; provided, however, such conduct shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this chapter; or
(2)
Wilfully, or being intoxicated, whether wilfully or not, disrupts any meeting of the city council or a department, division or agency thereof, or any school, literary society or place of religious worship, if such disruption prevents or interferes with the orderly conduct of such meeting or has a direct tendency to cause acts of violence by the person or persons at whom, individually, such disruption is directed; provided, however, such conduct shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this chapter.
The person in charge of any such building, place, conveyance or meeting may eject therefrom any person who violates any provision of this section with the aid, if necessary, of any persons who may be called upon for such purpose.
(Code 1976, § 17-16)
Charter reference— Authority of city to prevent disorderly conduct, § 14(14).
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
State Law reference— Similar provisions, Code of Virginia, § 18.2-415.
(a)
No person shall resist, abuse, obstruct or hinder any police officer or any other officer or employee of the city in the discharge of his duty, or any contractor or other person in the execution of any work for the city.
(b)
Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.
(Code 1976, § 17-22)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
If any person profanely curses or swears or is drunk in public he shall be deemed guilty of a Class 4 misdemeanor.
(Code 1976, § 17-23)
Cross reference— Penalty for Class 4 misdemeanor, § 1-11.
State Law reference— Similar provisions, Code of Virginia, § 18.2-388; authority of city to adopt above section, § 18.2-389.
(a)
No person shall urinate or defecate upon any public street, road, alley, sidewalk, walkway, right-of-way or ground, or in any other similar public place.
(b)
Any person violating this section shall be guilty of a Class 4 misdemeanor.
(Code 1976, § 17-26.1)
Cross reference— Penalty for Class 4 misdemeanor, § 1-11.
State Law reference— Indecent exposure, Code of Virginia, § 18.2-387.
Any person who:
(1)
Commits larceny from the person of another of money or other thing of value of less than five dollars ($5.00); or
(2)
Commits simple larceny not from the person of another of goods and chattels of the value of less than two hundred dollars ($200.00);
shall be deemed guilty of petit larceny, which shall be punishable as a Class 1 misdemeanor.
(Code 1976, § 17-20)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
State Law reference— Similar provisions, Code of Virginia, § 18.2-96.
(a)
Any person who, with intent to defraud, shall make or draw or utter or deliver any check, draft, or order for the payment of money in an amount less than two hundred dollars ($200.00), upon any bank, banking institution, trust company, or other depository, knowing, at the time of such making, drawing, uttering or delivering, that the maker or drawer has not sufficient funds in, or credit with, such bank, banking institution, trust company, or other depository, for the payment of such check, draft or order, although no express representation is made in reference thereto, shall be guilty of a Class 1 misdemeanor.
(b)
The word "credit," as used in this section, shall be construed to mean any arrangement or understanding with the bank, trust company or other depository for the payment of such check, draft or order.
(c)
Any person making, drawing, offering or delivering any such check, draft or order in payment as a present consideration for goods and services for the purposes set out in this section shall be guilty as provided herein.
(Code 1976, § 17-5)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
State Law reference— Similar provisions, Code of Virginia, § 18.2-181.
(a)
Any person who shall make, draw, or utter, or deliver any check, draft, or order for the payment of money, upon any bank, banking institution, trust company or other depository on behalf of any business firm or corporation, for the purpose of paying wages to any employee of such firm or corporation, or for the purpose of paying for any labor performed by any person for such firm or corporation, knowing, at the time of such making, drawing, uttering or delivering, that the account upon which such check, draft or order is drawn has not sufficient funds, or credit with, such bank, banking institution, trust company or other depository, for the payment of such check, draft or order, although no express representation is made in reference thereto, shall be guilty of a Class 1 misdemeanor.
(b)
The word "credit," as used in this section, shall be construed to mean any arrangement or understanding with the bank, banking institution, trust company, or other depository for the payment of such check, draft or order.
(c)
In addition to the criminal penalty set forth herein, such person shall be personally liable in any civil action brought upon such check, draft or order.
(Code 1976, § 17-6)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
State Law reference— Similar provisions, Code of Virginia, § 18.2-182.
(a)
In any prosecution or action under section 17-16 or 17-17, the making, drawing, uttering or delivery of a check, draft or order, payment of which is refused by the drawee because of lack of funds or credit shall be prima facie evidence of intent to defraud or of knowledge of insufficient funds in, or credit with, such bank, banking institution, trust company or other depository unless such maker or drawer, or someone for him, shall have paid the holder thereof the amount due thereon, together with interest, and protest fees, if any, within five (5) days after receiving written notice that such check, draft, or order has not been paid to the holder thereof. Notice mailed by certified or registered mail, evidenced by return receipt, to the last known address of the maker or drawer shall be deemed sufficient and equivalent to notice having been received by the maker or drawer.
(b)
If such check, draft or order shows on its face a printed or written address, home, office or otherwise, of the maker or drawer, then the foregoing notice, when sent by certified or registered mail to such address, with or without return receipt requested, shall be deemed sufficient and equivalent to notice having been received by the maker or drawer, whether such notice shall be returned undelivered or not.
(c)
When a check is drawn on a bank in which the maker or drawer has no account, it shall be presumed that such check was issued with intent to defraud, and the five-day notice set forth above shall not be required in such case.
(Code 1976, § 17-7)
State Law reference— Similar provisions, Code of Virginia, § 18.2-183.
In any prosecution or action under section 17-16 or 17-17, any notation attached to or stamped upon a check, draft or order which is refused by the drawee because of lack of funds or credit, bearing the terms "not sufficient funds," "uncollected funds," "account closed," or "no account in this name," or words of similar import, shall be prima facie evidence that such notation is true and correct.
(Code 1976, § 17-8)
State Law reference— Similar provisions, Code of Virginia, § 18.2-184.
(a)
In any civil action growing out of an arrest under section 17-16 or 17-17, no evidence of statements or representations as to the status of the check, draft, order or deposit involved, or of any collateral agreement with reference to the check, draft or order, shall be admissible unless such statements, or representations, or collateral agreement, be written upon the instrument at the time it is given by the drawer.
(b)
If payment of any check, draft, or order for the payment of money be refused by the bank, banking institution, trust company or other depository upon which such instrument is drawn, and the person who drew or uttered such instrument be arrested or prosecuted under the provisions of section 17-16 or 17-17, for failure or refusal to pay such instrument, the one who arrested or caused such person to be arrested and prosecuted, or either, shall be conclusively deemed to have acted with reasonable or probable cause in any suit for damages that may be brought by the person who drew or uttered such instrument, if the one who arrested or caused such person to be arrested and prosecuted, or either, shall have, before doing so, presented or caused such instrument to be presented to the depository on which it was drawn where it was refused, and then waited five (5) days after notice, without the amount due under the provisions of such instrument being paid.
(Code 1976, § 17-9)
State Law reference— Similar provisions, Code of Virginia, § 18.2-185.
(a)
No person shall deposit or attempt to deposit in any change machine located in the city any slug, button or other device or substance as a substitute for a coin or bill of United States currency.
(b)
A violation of this section shall constitute a Class 1 misdemeanor.
(Code 1976, § 16-50)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11; deposit of slugs in parking meter, § 15-179.
Editor's note— Ord. of July 16, 2001(1), § 3, repealed sections 17-22 and 17-23, which pertained to damaging or defacing property generally; damaging, defacing, etc., public or religious buildings or property. See the Code Comparative Table.
(a)
Any person who shall individually or in association with one or more others willfully break, injure, tamper with or remove any part or parts of any vehicle, aircraft, boat or vessel for the purpose of injuring, defacing or destroying such vehicle, aircraft, boat or vessel, or temporarily or permanently preventing its useful operation, or for any purpose against the will or without the consent of the owner of such vehicle, aircraft, boat or vessel, or who shall in any other manner willfully or maliciously interfere with or prevent the running or operation of such vehicle, aircraft, boat or vessel, shall be guilty of a Class 1 misdemeanor.
(b)
Any person who shall, without the consent of the owner or person in charge of a vehicle, aircraft, boat, vessel, locomotive or other rolling stock of a railroad, climb into or upon such vehicle, aircraft, boat, vessel, locomotive or other rolling stock of a railroad, with intent to commit any crime, malicious mischief, or injury thereto, or who, while a vehicle, aircraft, boat, vessel, locomotive or other rolling stock of a railroad is at rest and unattended, shall attempt to manipulate any of the levers and starting crank or other devices, brakes or mechanism thereof or to set into motion such vehicle, aircraft, boat, vessel, locomotive or other rolling stock of a railroad, with the intent to commit any crime, malicious mischief, or injury thereto, shall be guilty of a Class 1 misdemeanor. This subsection shall not apply when any such act is done in an emergency or in furtherance of public safety or by or under the direction of an officer in the regulation of traffic or performance of any other official duty.
(c)
The provisions of this section shall not apply to a bona fide repossession of a vehicle, aircraft, boat or vessel by the holder of a lien on such vehicle, aircraft, boat or vessel, or by the agents or employees of such lienholder.
(Code 1976, § 16-5)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
State Law reference— Similar provisions, Code of Virginia, §§ 18.2-146, 18.2-147, 18.2-148.
If any person without authority of law goes upon or remains upon the lands, buildings or premises of another, or any portion or area thereof, after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian or other person lawfully in charge thereof, or after having been forbidden to do so by signs posted by such persons or by the holder of any easement or other right-of-way authorized by the instrument creating such interest to post such signs on such lands, structures, premises or portion or area thereof at a place or places where it or they may be reasonably seen, or if any person, whether he is the owner, tenant or otherwise entitled to the use of such land, building or premises, goes upon, or remains upon such land, building or premises after having been prohibited from doing so by a court of competent jurisdiction by an order issued pursuant to Code of Virginia, section 16.1-253, 16.1-253.1, 16.1-279 or 16.1-279.1, or an ex parte order issued pursuant to section 20-103 of such Code and after having been served with such order, he shall be guilty of a Class 1 misdemeanor.
(Code 1976, § 17-29)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
State Law reference— Similar provisions, Code of Virginia, § 18.2-119.
If any person shall solicit, urge, encourage, exhort, instigate or procure another or others to go upon or remain upon the lands, buildings or premises of another, or any part, portion or area thereof, knowing such other person or persons to have been forbidden, either orally or in writing, to do so by the owner, lessee, custodian or other person lawfully in charge thereof, or knowing such other person or persons to have been forbidden to do so by a sign posted on such lands, buildings, premises or part, portion or area thereof at a place or places where it or they may reasonably be seen, or if any person shall, on such lands, buildings, premises or part, portion or area thereof, prevent or seek to prevent the owner, lessee, custodian, person in charge or any of his employees from rendering service to any person or persons not so forbidden, he shall be guilty of a Class 1 misdemeanor.
(Code 1976, § 17-30)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
State Law reference— Similar provisions, Code of Virginia, § 18.2-120.
(a)
It shall be unlawful for any person to enter the land, dwelling, outhouse or any other building of another for the purpose of damaging such property or any of the contents thereof or in any manner to interfere with the rights of the owner, user or the occupant thereof to use such property free from interference.
(b)
Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.
(Code 1976, § 17-31)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
State Law reference— Similar provisions, Code of Virginia, § 18.2-121.
(a)
No person shall occupy or use any of the streets, avenues, parks, bridges or other public places or public property, or any public easement of any description, in a manner not permitted to the general public without having first legally obtained the consent thereto of the city council or a franchise therefor.
(b)
A violation of this section shall constitute a Class 4 misdemeanor.
(c)
The city manager is authorized to require permits for the use of city streets, avenues, parks, bridges, and other public places or public property, for special events and community events (as defined within section 28-29(c) of the city code), and for other activities that may affect the safety or convenience of the general public. The city manager is authorized to promulgate regulations to govern the time, place and manner of such activities, and to establish reasonable fees, charges and rentals therefor. A violation of any of the rules and regulations established hereunder shall constitute a Class 4 misdemeanor.
(Code 1976, § 17-25; 11-16-98(3))
Cross reference— Penalty for Class 1 misdemeanor, § 1-11; parks, Ch. 18; streets, Ch. 28.
(a)
No person shall obstruct or unduly interfere in any way with the passage of persons along any of the streets or sidewalks of the city for the purpose of inducing them to purchase any article or thing or to enter any shop, store, stall, hotel, boardinghouse or restaurant or like establishment, or importune passersby to make any such purchase or enter any such establishment, or in any disorderly or undue manner solicit trade, custom or patronage in or along the streets or sidewalks of the city.
(b)
A violation of this section shall constitute a Class 1 misdemeanor.
(Code 1976, § 17-27)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11; streets, Ch. 28.
Editor's note— Ord. of July 16, 2001(1), § 3, repealed sections 17-30—17-36, which pertained to unlawful accumulations of garbage, refuse, etc.; unlawful growth of weeds—definitions; same—prohibition—declaration of nuisance—duty to cut; same—other vegetation which poses a hazard; same—notice to abate—cutting by city and collection of charges; penalty; open storage of inoperative vehicles; abandoned or discarded refrigerators and other airtight containers; barbed-wire fences; filling of abandoned well or pit; covers to be kept on certain wells. See the Code Comparative Table.
(a)
It shall be unlawful for any person to possess an open or opened container, can, cup, glass or bottle, containing an alcoholic beverage in any city park or playground or in any public street (including the downtown pedestrian mall) in the city. Any person violating this section shall be guilty of a class 4 misdemeanor.
(b)
Nothing in this section shall prevent any person from possessing an open or opened container, as described immediately above, in any public park shelter during the time it is leased for purposes of a private party, or in any area approved and licensed by the Virginia Alcoholic Beverage Control Board. The types of ABC licenses referred to herein include, but are not limited to:
(1)
Retail restaurant ABC licenses;
(2)
Banquet-special event ABC licenses (usually associated in this context with public streets temporarily closed for a special event); and
(3)
Private banquet ABC licenses.
(c)
As used herein, "alcoholic beverage" shall have the same meaning and definition ascribed to the term "alcoholic beverages" in Virginia Code § 4.1-100. Any future amendments to Section 4.1-100 are hereby incorporated by reference into this section. Notwithstanding the foregoing, there shall be a rebuttable presumption that any beverage which has the appearance and odor of alcohol is an alcoholic beverage for the purposes of this section.
(3-16-92; 1-19-93; 5-17-04)
It shall be unlawful for any person to attempt to commit any act which is prohibited by this Code or other city ordinance or by any rule, regulation, order or notice duly promulgated or given pursuant to authority thereof, and it shall be unlawful for any person to aid or abet another in the commission or attempted commission of any act which is prohibited by this Code or other ordinance or by any rule, regulation, order or notice duly promulgated or given pursuant to authority thereof.
(Code 1976, § 17-4)
State Law reference— Attempt to commit misdemeanor, Code of Virginia, § 18.2-27.
The provisions of Code of Virginia, section 18.2-341, shall not be effective within the boundaries of the city.
(Code 1976, § 17-28)
State Law reference— Authority for above section, Code of Virginia, § 18.2-342.
It shall be unlawful and a Class 1 misdemeanor for any person to commit a simple assault or assault and battery upon any other person.
(Code 1976, § 17-3)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
State Law reference— Similar provisions, Code of Virginia, § 18.2-57.
It shall be unlawful and a Class 1 misdemeanor for any person to tear down or deface any lawfully posted design, bill or advertisement, so long as the same may be of any benefit to the party posting it; provided, that nothing herein shall prevent a person from tearing down advertisements posted on that person's premises.
(Code 1976, § 17-1)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
It shall be unlawful and a Class 1 misdemeanor for any person in any airplane, dirigible, blimp, balloon or other aircraft to drop any advertising matter within the city, except by written permission of the city manager.
(Code 1976, § 17-2)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
(a)
It shall be unlawful for any person to post any show bill, notice or advertisement or brand, write, mark or paint any sign, letters or characters upon a building, wall, whether interior or exterior, tree, fence or any other property of another person, without first obtaining the consent of the owner or the agent of the owner of such property.
(b)
Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.
(Code 1976, § 17-24)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
The purpose of this section is to: (i) promote the general welfare and protect the general public through the reduction of juvenile violence and crime within the city; (ii) promote the safety and well-being of the city's youngest citizens, persons under the age of seventeen (17), whose inexperience renders them particularly vulnerable to becoming participants in unlawful activities, particularly unlawful drug activities, and to being victimized by older perpetrators of crime; and (iii) foster and strengthen parental responsibility for children.
(a)
Definitions. As used within this section 17-7, the following words and phrases shall have the meanings ascribed to them below:
Curfew hours refers to the hours of 12:01 a.m. through 5:00 a.m. on Monday through Friday, and 1:00 a.m. through 5:00 a.m. on Saturday and Sunday.
Emergency refers to unforeseen circumstances, or the status or condition resulting therefrom, requiring immediate action to safeguard life, limb or property. The term includes, but is not limited to, fires, natural disasters, automobile accidents, or other similar circumstances.
Establishment refers to any privately-owned place of business within the city operated for a profit, to which the public is invited, including, but not limited to any place of amusement or entertainment. With respect to such establishment, the term "operator" shall mean any person, and any firm, association, partnership (and the members or partners thereof) and/or any corporation (and the officers thereof) conducting or managing that establishment.
Minor refers to any person under seventeen (17) years of age who has not been emancipated by court order entered pursuant to Section 16.1-333 of the Code of Virginia, 1950, as amended.
Officer refers to a police or other law enforcement officer charged with the duty of enforcing the laws of the Commonwealth of Virginia and/or the ordinances of the City of Charlottesville.
Parent refers to:
(1)
A person who is a minor's biological or adoptive parent and who has legal custody of a minor (including either parent, if custody is shared under a court order or agreement);
(2)
A person who is the biological or adoptive parent with whom a minor regularly resides;
(3)
A person judicially appointed as a legal guardian of the minor; and/or
(4)
A person eighteen (18) years of age or older standing in loco parentis (as indicated by the authorization of an individual listed in part(s) (1), (2) or (3) of this definition, above, for the person to assume the care or physical custody of the child, or as indicated by any other circumstances).
Person refers to an individual, not to any association, corporation, or any other legal entity.
Public place refers to any place to which the public or a substantial group of the public has access, including, but not limited to: streets, highways, roads, sidewalks, alleys, avenues, parks, and/or the common areas of schools, hospitals, apartment houses, office buildings, transportation facilities and shops.
Remain refers to the following actions:
(1)
To linger or stay at or upon a place; and/or
(2)
To fail to leave a place when requested to do so by an officer or by the owner, operator or other person in control of that place.
Temporary care facility refers to a non-locked, non-restrictive shelter at which minors may wait, under visual supervision, to be retrieved by a parent. No minors waiting in such facility shall be handcuffed and/or secured (by handcuffs or otherwise) to any stationary object.
(b)
It shall be unlawful for a minor, during curfew hours, to remain in or upon any public place within the city, to remain in any motor vehicle operating or parked therein or thereon, or to remain in or upon the premises of any establishment within the city, unless:
(1)
The minor is accompanied by a parent; or
(2)
The minor is involved in an emergency; or
(3)
The minor is engaged in an employment activity, or is going to or returning home from such activity, without detour or stop; or
(4)
The minor is on the sidewalk directly abutting a place where he or she resides with a parent; or
(5)
The minor is attending an activity sponsored by a school, religious, or civic organization, by a public organization or agency, or by another similar organization or entity, which activity is supervised by adults, and/or the minor is going to or returning from such an activity without detour or stop; or
(6)
The minor is on an errand at the direction of a parent, and the minor has in his or her possession a writing signed by the parent containing the following information: the name, signature, address and telephone number of the parent authorizing the errand, the telephone number where the parent may be reached during the errand, the name of the minor, and a brief description of the errand, the minor's destination(s) and the hours the minor is authorized to be engaged in the errand; or
(7)
The minor is involved in interstate travel through, or beginning or terminating in, the City of Charlottesville; or
(8)
The minor is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly.
(c)
It shall be unlawful for a minor's parent to knowingly permit, allow or encourage such minor to violate 17-7(b).
(d)
It shall be unlawful for a person who is the owner or operator of any motor vehicle to knowingly permit, allow or encourage a violation of 17-7(b).
(e)
It shall be unlawful for the operator of any establishment, or for any person who is an employee thereof, to knowingly permit, allow or encourage a minor to remain upon the premises of the establishment during curfew hours. It shall be a defense to prosecution under this subsection that the operator or employee of an establishment promptly notified the police department that a minor was present at the establishment after curfew hours and refused to leave.
(f)
It shall be unlawful for any person (including any minor) to give a false name, address, or telephone number to any officer investigating a possible violation of this section 17-7.
(g)
Enforcement.
(1)
Minors. Before taking any enforcement action hereunder, an officer shall make an immediate investigation for the purpose of ascertaining whether or not the presence of an minor in a public place, motor vehicle and/or establishment within the city during curfew hours is in violation of 17-7(b).
a.
If such investigation reveals that the presence of such minor is in violation of 17-7(b), then:
1.
If the minor has not previously been issued a warning for any such violation, then the officer shall issue a verbal warning to the minor, which shall be followed by a written warning mailed by the police department to the minor and his or her parent(s), or
2.
If the minor has previously been issued a warning for any such violation, then the officer shall charge the minor with a violation of this ordinance and shall issue a summons requiring the minor to appear in court (Ref. Va. Code § 16.1-260(H)(1)), and
b.
As soon as practicable, the officer shall:
1.
Release the minor to his or her parent(s); or
2.
Place the minor in a temporary care facility for a period not to exceed the remainder of the curfew hours, so that his or her parent(s) may retrieve the minor; or
3.
If a minor refuses to give an officer his or her name and address, refuses to give the name and address of his or her parent(s), or if no parent can be located prior to the end of the applicable curfew hours, or if located, no parent appears to accept custody of the minor, the minor may be taken to a nonsecure crisis center or juvenile shelter and/or may be taken to a judge or intake officer of the juvenile court to be dealt with in the manner and pursuant to such procedures as required by law. (Ref. Va. Code § 16.1-260(H)(1); § 16.1-278.6; §§ 16.1-241(A)(1)).
(2)
Others. If an investigation by an officer reveals that a person has violated 17-7(c),(d) and/or (e), and if the person has not previously been issued a warning with respect to any such violation, an officer shall issue a verbal warning to the person, which shall be followed by a written warning mailed by the police department to the person; however, if any such warning has previously been issued to that person then the officer shall charge the person with a violation and shall issue a summons directing the person to appear in court.
(h)
Each violation of this section 17-7 shall constitute a Class 4 misdemeanor.
(Code 1976, §§ 17-10—17-13; 12-16-96, § 1)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
(a)
It shall be unlawful and a Class 1 misdemeanor for any person to appear on the streets, highways, public homes, private homes or public places in the city to make trick or treat visitations; except, that this subsection shall not apply to children twelve (12) years of age and under on Halloween night.
(b)
A special curfew hour of 10:00 p.m. on Halloween night is hereby established for the trick or treat visitations permitted by subsection (a) of this section.
(Code 1976, § 17-18)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
It shall be unlawful and a Class 1 misdemeanor for any person without just cause to call or summon, by telephone or otherwise, any ambulance or rescue apparatus.
(Code 1976, § 11-4)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11; calling fire apparatus without cause, § 12-3.
State Law reference— Similar provisions, Code of Virginia, § 18.2-212.
A person is guilty of disorderly conduct and a Class 1 misdemeanor if, with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:
(1)
In any street, highway, public building, or while in or on a public conveyance or public place, engages in conduct having a direct tendency to cause acts of violence by the person or persons at whom, individually, such conduct is directed; provided, however, such conduct shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this chapter; or
(2)
Wilfully, or being intoxicated, whether wilfully or not, disrupts any meeting of the city council or a department, division or agency thereof, or any school, literary society or place of religious worship, if such disruption prevents or interferes with the orderly conduct of such meeting or has a direct tendency to cause acts of violence by the person or persons at whom, individually, such disruption is directed; provided, however, such conduct shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this chapter.
The person in charge of any such building, place, conveyance or meeting may eject therefrom any person who violates any provision of this section with the aid, if necessary, of any persons who may be called upon for such purpose.
(Code 1976, § 17-16)
Charter reference— Authority of city to prevent disorderly conduct, § 14(14).
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
State Law reference— Similar provisions, Code of Virginia, § 18.2-415.
(a)
No person shall resist, abuse, obstruct or hinder any police officer or any other officer or employee of the city in the discharge of his duty, or any contractor or other person in the execution of any work for the city.
(b)
Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.
(Code 1976, § 17-22)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
If any person profanely curses or swears or is drunk in public he shall be deemed guilty of a Class 4 misdemeanor.
(Code 1976, § 17-23)
Cross reference— Penalty for Class 4 misdemeanor, § 1-11.
State Law reference— Similar provisions, Code of Virginia, § 18.2-388; authority of city to adopt above section, § 18.2-389.
(a)
No person shall urinate or defecate upon any public street, road, alley, sidewalk, walkway, right-of-way or ground, or in any other similar public place.
(b)
Any person violating this section shall be guilty of a Class 4 misdemeanor.
(Code 1976, § 17-26.1)
Cross reference— Penalty for Class 4 misdemeanor, § 1-11.
State Law reference— Indecent exposure, Code of Virginia, § 18.2-387.
Any person who:
(1)
Commits larceny from the person of another of money or other thing of value of less than five dollars ($5.00); or
(2)
Commits simple larceny not from the person of another of goods and chattels of the value of less than two hundred dollars ($200.00);
shall be deemed guilty of petit larceny, which shall be punishable as a Class 1 misdemeanor.
(Code 1976, § 17-20)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
State Law reference— Similar provisions, Code of Virginia, § 18.2-96.
(a)
Any person who, with intent to defraud, shall make or draw or utter or deliver any check, draft, or order for the payment of money in an amount less than two hundred dollars ($200.00), upon any bank, banking institution, trust company, or other depository, knowing, at the time of such making, drawing, uttering or delivering, that the maker or drawer has not sufficient funds in, or credit with, such bank, banking institution, trust company, or other depository, for the payment of such check, draft or order, although no express representation is made in reference thereto, shall be guilty of a Class 1 misdemeanor.
(b)
The word "credit," as used in this section, shall be construed to mean any arrangement or understanding with the bank, trust company or other depository for the payment of such check, draft or order.
(c)
Any person making, drawing, offering or delivering any such check, draft or order in payment as a present consideration for goods and services for the purposes set out in this section shall be guilty as provided herein.
(Code 1976, § 17-5)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
State Law reference— Similar provisions, Code of Virginia, § 18.2-181.
(a)
Any person who shall make, draw, or utter, or deliver any check, draft, or order for the payment of money, upon any bank, banking institution, trust company or other depository on behalf of any business firm or corporation, for the purpose of paying wages to any employee of such firm or corporation, or for the purpose of paying for any labor performed by any person for such firm or corporation, knowing, at the time of such making, drawing, uttering or delivering, that the account upon which such check, draft or order is drawn has not sufficient funds, or credit with, such bank, banking institution, trust company or other depository, for the payment of such check, draft or order, although no express representation is made in reference thereto, shall be guilty of a Class 1 misdemeanor.
(b)
The word "credit," as used in this section, shall be construed to mean any arrangement or understanding with the bank, banking institution, trust company, or other depository for the payment of such check, draft or order.
(c)
In addition to the criminal penalty set forth herein, such person shall be personally liable in any civil action brought upon such check, draft or order.
(Code 1976, § 17-6)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
State Law reference— Similar provisions, Code of Virginia, § 18.2-182.
(a)
In any prosecution or action under section 17-16 or 17-17, the making, drawing, uttering or delivery of a check, draft or order, payment of which is refused by the drawee because of lack of funds or credit shall be prima facie evidence of intent to defraud or of knowledge of insufficient funds in, or credit with, such bank, banking institution, trust company or other depository unless such maker or drawer, or someone for him, shall have paid the holder thereof the amount due thereon, together with interest, and protest fees, if any, within five (5) days after receiving written notice that such check, draft, or order has not been paid to the holder thereof. Notice mailed by certified or registered mail, evidenced by return receipt, to the last known address of the maker or drawer shall be deemed sufficient and equivalent to notice having been received by the maker or drawer.
(b)
If such check, draft or order shows on its face a printed or written address, home, office or otherwise, of the maker or drawer, then the foregoing notice, when sent by certified or registered mail to such address, with or without return receipt requested, shall be deemed sufficient and equivalent to notice having been received by the maker or drawer, whether such notice shall be returned undelivered or not.
(c)
When a check is drawn on a bank in which the maker or drawer has no account, it shall be presumed that such check was issued with intent to defraud, and the five-day notice set forth above shall not be required in such case.
(Code 1976, § 17-7)
State Law reference— Similar provisions, Code of Virginia, § 18.2-183.
In any prosecution or action under section 17-16 or 17-17, any notation attached to or stamped upon a check, draft or order which is refused by the drawee because of lack of funds or credit, bearing the terms "not sufficient funds," "uncollected funds," "account closed," or "no account in this name," or words of similar import, shall be prima facie evidence that such notation is true and correct.
(Code 1976, § 17-8)
State Law reference— Similar provisions, Code of Virginia, § 18.2-184.
(a)
In any civil action growing out of an arrest under section 17-16 or 17-17, no evidence of statements or representations as to the status of the check, draft, order or deposit involved, or of any collateral agreement with reference to the check, draft or order, shall be admissible unless such statements, or representations, or collateral agreement, be written upon the instrument at the time it is given by the drawer.
(b)
If payment of any check, draft, or order for the payment of money be refused by the bank, banking institution, trust company or other depository upon which such instrument is drawn, and the person who drew or uttered such instrument be arrested or prosecuted under the provisions of section 17-16 or 17-17, for failure or refusal to pay such instrument, the one who arrested or caused such person to be arrested and prosecuted, or either, shall be conclusively deemed to have acted with reasonable or probable cause in any suit for damages that may be brought by the person who drew or uttered such instrument, if the one who arrested or caused such person to be arrested and prosecuted, or either, shall have, before doing so, presented or caused such instrument to be presented to the depository on which it was drawn where it was refused, and then waited five (5) days after notice, without the amount due under the provisions of such instrument being paid.
(Code 1976, § 17-9)
State Law reference— Similar provisions, Code of Virginia, § 18.2-185.
(a)
No person shall deposit or attempt to deposit in any change machine located in the city any slug, button or other device or substance as a substitute for a coin or bill of United States currency.
(b)
A violation of this section shall constitute a Class 1 misdemeanor.
(Code 1976, § 16-50)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11; deposit of slugs in parking meter, § 15-179.
Editor's note— Ord. of July 16, 2001(1), § 3, repealed sections 17-22 and 17-23, which pertained to damaging or defacing property generally; damaging, defacing, etc., public or religious buildings or property. See the Code Comparative Table.
(a)
Any person who shall individually or in association with one or more others willfully break, injure, tamper with or remove any part or parts of any vehicle, aircraft, boat or vessel for the purpose of injuring, defacing or destroying such vehicle, aircraft, boat or vessel, or temporarily or permanently preventing its useful operation, or for any purpose against the will or without the consent of the owner of such vehicle, aircraft, boat or vessel, or who shall in any other manner willfully or maliciously interfere with or prevent the running or operation of such vehicle, aircraft, boat or vessel, shall be guilty of a Class 1 misdemeanor.
(b)
Any person who shall, without the consent of the owner or person in charge of a vehicle, aircraft, boat, vessel, locomotive or other rolling stock of a railroad, climb into or upon such vehicle, aircraft, boat, vessel, locomotive or other rolling stock of a railroad, with intent to commit any crime, malicious mischief, or injury thereto, or who, while a vehicle, aircraft, boat, vessel, locomotive or other rolling stock of a railroad is at rest and unattended, shall attempt to manipulate any of the levers and starting crank or other devices, brakes or mechanism thereof or to set into motion such vehicle, aircraft, boat, vessel, locomotive or other rolling stock of a railroad, with the intent to commit any crime, malicious mischief, or injury thereto, shall be guilty of a Class 1 misdemeanor. This subsection shall not apply when any such act is done in an emergency or in furtherance of public safety or by or under the direction of an officer in the regulation of traffic or performance of any other official duty.
(c)
The provisions of this section shall not apply to a bona fide repossession of a vehicle, aircraft, boat or vessel by the holder of a lien on such vehicle, aircraft, boat or vessel, or by the agents or employees of such lienholder.
(Code 1976, § 16-5)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
State Law reference— Similar provisions, Code of Virginia, §§ 18.2-146, 18.2-147, 18.2-148.
If any person without authority of law goes upon or remains upon the lands, buildings or premises of another, or any portion or area thereof, after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian or other person lawfully in charge thereof, or after having been forbidden to do so by signs posted by such persons or by the holder of any easement or other right-of-way authorized by the instrument creating such interest to post such signs on such lands, structures, premises or portion or area thereof at a place or places where it or they may be reasonably seen, or if any person, whether he is the owner, tenant or otherwise entitled to the use of such land, building or premises, goes upon, or remains upon such land, building or premises after having been prohibited from doing so by a court of competent jurisdiction by an order issued pursuant to Code of Virginia, section 16.1-253, 16.1-253.1, 16.1-279 or 16.1-279.1, or an ex parte order issued pursuant to section 20-103 of such Code and after having been served with such order, he shall be guilty of a Class 1 misdemeanor.
(Code 1976, § 17-29)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
State Law reference— Similar provisions, Code of Virginia, § 18.2-119.
If any person shall solicit, urge, encourage, exhort, instigate or procure another or others to go upon or remain upon the lands, buildings or premises of another, or any part, portion or area thereof, knowing such other person or persons to have been forbidden, either orally or in writing, to do so by the owner, lessee, custodian or other person lawfully in charge thereof, or knowing such other person or persons to have been forbidden to do so by a sign posted on such lands, buildings, premises or part, portion or area thereof at a place or places where it or they may reasonably be seen, or if any person shall, on such lands, buildings, premises or part, portion or area thereof, prevent or seek to prevent the owner, lessee, custodian, person in charge or any of his employees from rendering service to any person or persons not so forbidden, he shall be guilty of a Class 1 misdemeanor.
(Code 1976, § 17-30)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
State Law reference— Similar provisions, Code of Virginia, § 18.2-120.
(a)
It shall be unlawful for any person to enter the land, dwelling, outhouse or any other building of another for the purpose of damaging such property or any of the contents thereof or in any manner to interfere with the rights of the owner, user or the occupant thereof to use such property free from interference.
(b)
Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.
(Code 1976, § 17-31)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
State Law reference— Similar provisions, Code of Virginia, § 18.2-121.
(a)
No person shall occupy or use any of the streets, avenues, parks, bridges or other public places or public property, or any public easement of any description, in a manner not permitted to the general public without having first legally obtained the consent thereto of the city council or a franchise therefor.
(b)
A violation of this section shall constitute a Class 4 misdemeanor.
(c)
The city manager is authorized to require permits for the use of city streets, avenues, parks, bridges, and other public places or public property, for special events and community events (as defined within section 28-29(c) of the city code), and for other activities that may affect the safety or convenience of the general public. The city manager is authorized to promulgate regulations to govern the time, place and manner of such activities, and to establish reasonable fees, charges and rentals therefor. A violation of any of the rules and regulations established hereunder shall constitute a Class 4 misdemeanor.
(Code 1976, § 17-25; 11-16-98(3))
Cross reference— Penalty for Class 1 misdemeanor, § 1-11; parks, Ch. 18; streets, Ch. 28.
(a)
No person shall obstruct or unduly interfere in any way with the passage of persons along any of the streets or sidewalks of the city for the purpose of inducing them to purchase any article or thing or to enter any shop, store, stall, hotel, boardinghouse or restaurant or like establishment, or importune passersby to make any such purchase or enter any such establishment, or in any disorderly or undue manner solicit trade, custom or patronage in or along the streets or sidewalks of the city.
(b)
A violation of this section shall constitute a Class 1 misdemeanor.
(Code 1976, § 17-27)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11; streets, Ch. 28.
Editor's note— Ord. of July 16, 2001(1), § 3, repealed sections 17-30—17-36, which pertained to unlawful accumulations of garbage, refuse, etc.; unlawful growth of weeds—definitions; same—prohibition—declaration of nuisance—duty to cut; same—other vegetation which poses a hazard; same—notice to abate—cutting by city and collection of charges; penalty; open storage of inoperative vehicles; abandoned or discarded refrigerators and other airtight containers; barbed-wire fences; filling of abandoned well or pit; covers to be kept on certain wells. See the Code Comparative Table.
(a)
It shall be unlawful for any person to possess an open or opened container, can, cup, glass or bottle, containing an alcoholic beverage in any city park or playground or in any public street (including the downtown pedestrian mall) in the city. Any person violating this section shall be guilty of a class 4 misdemeanor.
(b)
Nothing in this section shall prevent any person from possessing an open or opened container, as described immediately above, in any public park shelter during the time it is leased for purposes of a private party, or in any area approved and licensed by the Virginia Alcoholic Beverage Control Board. The types of ABC licenses referred to herein include, but are not limited to:
(1)
Retail restaurant ABC licenses;
(2)
Banquet-special event ABC licenses (usually associated in this context with public streets temporarily closed for a special event); and
(3)
Private banquet ABC licenses.
(c)
As used herein, "alcoholic beverage" shall have the same meaning and definition ascribed to the term "alcoholic beverages" in Virginia Code § 4.1-100. Any future amendments to Section 4.1-100 are hereby incorporated by reference into this section. Notwithstanding the foregoing, there shall be a rebuttable presumption that any beverage which has the appearance and odor of alcohol is an alcoholic beverage for the purposes of this section.
(3-16-92; 1-19-93; 5-17-04)
(a)
It shall be unlawful for any person to enter or remain upon the premises of the following parks between the hours of 9:00 p.m. and 6:00 a.m. without the express written permission of the director of parks and recreation.
(1)
Azalea Park.
(2)
Bailey Park.
(3)
Belmont Park.
(4)
Fifeville Park.
(5)
Forest Hills Park.
(6)
Greenbrier Park.
(7)
Greenleaf Park.
(8)
Jordan Park.
(9)
McGuffey Park
(10)
Meade Park.
(11)
Meadowcreek Gardens.
(12)
Northeast Park.
(13)
Quarry Park.
(14)
Riverview Park.
(15)
Rives Park.
(16)
Starr Hill Park.
(b)
It shall be unlawful for any person to enter or remain on the premises of McIntire Park, Pen Park, Tonsler Park, Washington Park or the Charlottesville Pavilion between the hours of 10:00 p.m. and 6:00 a.m. without the express written permission of the director of parks and recreation, provided that it shall not be unlawful to be on the premises of McIntire Park between the hours of 10:00 p.m. and midnight for the purpose of attending an activity scheduled in advance with the department of parks and recreation, or to be on the premises of the Charlottesville Pavilion after 10:00 p.m. for the purpose of attending an event, show or performance scheduled in advance by or with the City or the Operator of the Charlottesville Pavilion.
(c)
It shall be unlawful for any person to enter or remain on the premises of Jackson Park, Lee Park or the Crow and Smith Recreation Centers or their parking lots, between the hours of 11:00 p.m. and 6:00 a.m. without the express written permission of the director of parks and recreation.
(d)
The director of parks and recreation is hereby authorized, with the approval of the city manager, to promulgate rules and regulations governing the time, place and manner in which city parks and other recreation facilities may be used for special events, community events (as defined within section 28-29(c) of the City Code) and for other activities, and to establish reasonable fees and rentals therefor.
(e)
Any person violating the provisions of this section or any rules or regulations promulgated pursuant to subsection (d) shall be guilty of a Class 3 misdemeanor.
(Code 1976, § 18-3; 6-4-90; 2-18-92; 11-16-98(3); 10-15-07)
Cross reference— Penalty for Class 3 misdemeanor, § 1-11.
This article is enacted pursuant to Code of Virginia Sec. 10.1-1127.1, as amended.
(11-4-13)
There is hereby established a tree conservation ordinance to secure protection for a portion of the city's urban forest and the ecosystem services that this forest provides by regulating the designation, preservation and removal of heritage, memorial, specimen and street trees located within the city.
(11-4-13)
The director of the department of parks and recreation, or his or her designee, shall be the administrator of this article.
Any person or entity that knowingly violates any provision of this article shall be subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500.00) for each violation. Civil penalties shall be imposed by the issuance of a civil summons returnable in the general district court by the administrator or his or her designee.
(11-4-13)
For the purpose of this article, the following definitions shall apply:
Heritage tree means any tree that has been individually designated by city council to have notable historic or cultural interest.
Memorial tree means any tree that has been individually designated by city council to be a special commemorating memorial.
Specimen tree means any tree that has been individually designated by city council to be notable by virtue of its outstanding size and quality for its particular species.
Street tree means any tree that has been individually designated by city council and which grows in the street right-of-way or on private property as authorized by the owner and placed or planted there by the local government.
(11-4-13)
(a)
Application.
(1)
By written request. Any person may submit a written request to the administrator seeking designation by ordinance of a tree located on private property as a heritage, memorial, specimen or street tree. The request must describe the tree in question, its location, and the factors which support its designation as a heritage, memorial, specimen or street tree. Any submission for designation of a tree by a person who is not the property owner must include written consent of the property owner for the submission. The administrator, upon receipt of such a request, shall forward a copy to the tree commission for review and recommendation to the city arborist.
(2)
By tree commission. The tree commission may submit a written recommendation to the administrator seeking designation by ordinance of a tree located on public property or on private property if the owner of such property consents, as a heritage, memorial, specimen or street tree. The recommendation must describe the tree in question, its location and the factors which support its designation as a heritage, memorial, specimen or street tree. The administrator, upon receipt of such a request, shall forward a copy to the city arborist.
(b)
Report and hearing.
(1)
The city arborist shall provide a written report and recommendation on any proposed designation to city council, which shall include the written recommendation of the tree commission and consider the planned land use by the owner of the property on which the tree is located.
(2)
City council shall hold quarterly public hearings to consider all then-pending applications for designation, however any application initially submitted to the administrator less than forty-five (45) days prior to a regularly scheduled public hearing shall not be heard until the next such quarterly hearing. The clerk of council shall send notice of the scheduled hearing to any owner of property upon which a tree being considered for designation is located by certified mail at least fourteen (14) days prior to the hearing.
(3)
City council, after consideration of the report and recommendation of the city arborist and any additional information that it deems relevant, and after conducting a public hearing, may designate by ordinance the subject tree as a heritage, memorial, specimen or street tree.
(c)
Designation of a tree under this article does not impose any additional obligation upon the city to inspect, maintain or take any other action with regard to such tree.
(11-4-13)
(a)
A property owner shall undertake reasonable efforts to preserve and protect any trees designated pursuant to this article. No heritage, memorial, specimen or street tree may be removed or intentionally damaged in a way that could destroy the tree unless authorized by city council. City council may authorize the removal or other action upon making a determination that: (i) there is an overriding need for public improvements which necessitate removal of the tree; or (ii) not removing the tree will cause severe hardship to the property owner. A request to remove or take other action upon any designated tree shall be submitted and acted upon in the same manner as a request for designation in section 18-9.
(b)
The city manager may permit the removal of a heritage, memorial, specimen or street tree if the city arborist determines that the tree is dead, has become irreversibly diseased or irreversibly damaged by natural causes, or that the tree endangers the health, safety and/or welfare of the public that cannot be mitigated in accordance with accepted industry standards of tree risk assessment and management.
(c)
Any city department or contractor engaged by the city shall, prior to conducting any land disturbing activity, ascertain whether the drip line of any tree designated pursuant to this article lies within fifty (50) feet of the land disturbing activity. Upon making such a determination, the city department shall alert the city arborist.
If the city arborist determines that the proposed land disturbing activity may damage or destroy the tree, then the city department responsible for the proposed work, if unable to alter plans to avoid such results, shall submit a request to proceed with the proposed activity to the tree commission, which shall make a recommendation to the city council. City council may direct the city department to take additional precautionary measures to protect the tree, or approve the removal of the tree, or direct that the activity not be conducted.
(11-4-13)
The provisions of this article shall not apply to:
(1)
Work conducted on federal or state property;
(2)
Emergency work to protect life, limb or property;
(3)
Routine installation, maintenance and repair of cable and wires used to provide cable television, electric, gas or telephone service;
(4)
Activities with minor effects on trees, including but not limited to, home gardening and landscaping of individual homes; and
(5)
Commercial, silvicultural or horticultural activities, including but not limited to planting, managing, or harvesting forest or tree crops.
(11-4-13)
In the event that the application of this article regulating the removal of heritage, memorial, specimen or street trees results in any taking of private property for a public purpose or use, the city shall compensate by fee or other consideration the property owner for such taking, to the extent that such claim is recognized and compensable under state or federal law, and in accordance with the provisions of Chapter 2 of Title 25.1 of the Code of Virginia.
(11-4-13)
The purposes of this article are to:
(a)
To establish procedures and standards governing the use of public property by non-city organizations and individuals for the purpose of conducting events, and to ensure the preservation of public convenience in the use of city streets and outdoor areas, the preservation of public order and safety, and the defraying of administrative expenses associated with certain types of uses; and,
(b)
To protect the right of persons and groups to organize and participate in peaceful assemblies to express their political, social, religious, or other views on city streets, sidewalks, other public ways, parks, and other public lands, subject to reasonable restrictions designed to protect public safety, persons, and property, and to accommodate the interest of persons not participating in such assemblies in not having their ability to use city streets, sidewalks, and other public ways to travel to their intended destinations, city parks for recreational purposes, and other city lands for their intended purposes unreasonably impaired.
(c)
The application of the provisions of this article, and any rules and regulations adopted pursuant to these provisions, shall be without regard to the content of the beliefs expressed or anticipated to be expressed during any permitted event.
(Ord. of 2-20-18)
Community event means the events listed in section 28-29(c) of this Code, and such other events designated by city council as "community events" from time to time.
Demonstration means an event involving non-commercial expression protected by the First Amendment of the United States Constitution (such as picketing, political marches, speechmaking, vigils, walks, etc.) conducted on public property, the conduct of which has the effect, intent or propensity to draw a crowd or onlookers. This term does not include casual activity by persons which does not have an intent or propensity to attract a crowd or onlookers. The term "demonstration" shall exclude:
(1)
Any events conducted by tenant of the Economic Development Authority of the City of Charlottesville ("CEDA") under the Pavilion lease dated September 20, 2004 (i.e., all "operator events" as that term is defined within that Pavilion lease); and
(2)
Any events conducted by the Thomas Jefferson Center for Freedom of Expression within the area leased to it for and in connection with the First Amendment Monument.
Event may refer either to a demonstration or a special event, or to demonstrations and special events, collectively.
Open burning and open fire have the same meaning as set forth in this Code section 12-2.
Open flame means fire whose flame is supported by a wick, oil or other slow-burning means to sustain itself. "Open flame" includes, but is not limited to, flame producing devices such as candles, torches, and juggling or other fire artist equipment; provided, however, that "open burning and open fire" and "open flame" shall not include handheld candles when used for ceremonial purposes, provided that they are not held or used in an intimidating, threatening, dangerous or harmful manner.
Prohibited items shall mean:
(1)
All items prohibited by law from being held, carried, displayed, worn or otherwise used in public;
(2)
Items banned from public or park lands;
(3)
Any BB guns, pellet guns, air rifles or pistols, paintball guns, pellet guns, nun chucks, tasers, stun guns, heavy gauge metal chains, lengths of lumber or wood, poles, bricks, rocks, metal beverage or food cans or containers, glass bottles, axes, axe handles, hatchets, ice picks, acidic or caustic materials, hazardous, flammable, or combustible liquids, dogs (except service dogs), skateboards, swords, knives, daggers, razor blades or other sharp items, metal pipes, pepper or bear spray, mace, aerosol sprays, catapults, wrist rockets, bats, sticks, clubs, drones, explosives, fireworks, open fire or open flames, or other item considered an "implement of riot";
(4)
Any items capable of inflicting bodily harm when these items are held or used in an intimidating, threatening, dangerous or harmful manner; and
(5)
Law enforcement or military-like uniforms or uniform-like clothing, badges, insignia, shields, hats, helmets, masks, equipment and other items that when held, carried, displayed or worn tend to suggest or imply that the wearer is a current member of law enforcement, the military, a private militia, or other public safety organization, such as a fire department or emergency medical services agency.
Special event means sports events, pageants, celebrations, historical reenactments, carnivals, music festivals and other entertainments, exhibitions, dramatic presentations, fairs, festivals, races (i.e., runs/walks), block parties, parades and other, similar activities, conducted on public property, which (i) are not demonstrations, and (ii) are engaged in by fifty (50) or more persons. The term "special event" shall be construed to include a community event or private organization celebration held in or on city-owned property and is attended by more than fifty (50) people. The term "special event" shall exclude (i) any events conducted by CEDA's tenant under the Pavilion lease dated September 20, 2004 (i.e., all "operator events" as that term is defined within the Pavilion lease), and (ii) any events conducted by the Thomas Jefferson Center for Freedom of Expression within the area leased to it for and in connection with the First Amendment Monument; and (iii) gatherings of ten (10) or more people in a park for general recreational or sports activities.
Sponsor means the person (as defined above) or persons who sign, or whose authorized representative(s) sign, an application for an event permit and who will be responsible under the permit, if issued, for ensuring that the event will be conducted in accordance with these regulations. Where a purported sponsor is not a legal entity, the sponsor shall be the individual(s) signing the permit application.
(Ord. of 2-20-18)
(a)
The city manager is authorized to adopt standard operating procedures that establish a permit application process to be administered through the department of parks and recreation. The procedures shall also provide for the grant or denial of permit applications within specified times; establish the grounds for revocation of an approved permit; provide for the application of reasonable time, place and manner regulations for permitted events; establish reasonable fees, charges, rentals and insurance and indemnification requirements; and restrict the possession or use of prohibited items, as defined herein, during the event.
(b)
Any person intending to hold or sponsor an event on any city-owned or leased property must first obtain a permit through the department of parks and recreation, unless:
(1)
The event is exempt from permitting requirements under the standard operating procedures promulgated by the city manager; or
(2)
Such person is holding or sponsoring such event pursuant to a valid permit issued by the city manager pursuant to another chapter of this Code.
(c)
By accepting a permit issued by the city pursuant to this article, the sponsor represents that:
(1)
All information included or presented as part of the permit application was, to the best of the sponsor's information and belief, complete and correct;
(2)
That all terms and conditions of such permit have been or will be complied with; and
(3)
That a copy of the permit will be made available for inspection by any city representative during the event.
(Ord. of 2-20-18)
(a)
To further the goal of public safety and to protect the city and its officers, officials and employees from claims for damage to property or bodily injury occurring during the event, the sponsor of an event shall be required to furnish a general liability and property damage insurance contract insuring the sponsor's liability for personal injury and death and damages to property resulting from its use of public property. The required general liability and property damage insurance, unless waived in whole or in part, shall be provided in an amount not less than one million dollars ($1,000,000.00), and the insurance policy shall name the city (including is officers, officials, employees and agents), as additional insured parties to the insurance contract.
(b)
This insurance requirement may be waived, in whole or in part, by the city manager or his or her designee because:
(1)
The cost of the insurance will result in a documented financial hardship to the sponsor; or
(2)
For an event that:
a.
Does not pose a high level of liability risk to the city or a material risk to public safety; and
b.
Does not involve any inherently dangerous activity.
A written request to waive or modify any insurance requirement must be made by the sponsor at the time a permit application is submitted. An approval or denial of the request will be made in writing to the event sponsor.
(c)
The decision on whether the insurance requirement will be waived in whole or in part will be based on the following factors:
(1)
Whether the event and planned activities present a risk of personal injury or property damage;
(2)
Whether the event involves a large number of participants relative to the size of the event venue;
(3)
Whether the event involves the preparation and sale of food;
(4)
The duration of the event; and
(5)
Whether the event involves transportation or installation of heavy equipment, or the installation of a stage or other temporary structures. Provided however, that, in deciding whether insurance will be required or waived for a demonstration the city manager or his or her designee shall not consider the number of anticipated onlookers or counter-demonstrators, the potential risk of property damage or bodily injury that may be caused by onlookers or counterdemonstrators, nor the possibility that the demonstration will be controversial in nature.
(Ord. of 2-20-18)
The following conduct is declared to be unlawful and shall be, upon conviction, punishable as a class IV misdemeanor, unless a greater penalty is authorized and imposed in any other chapter of this Code or by the laws of the Commonwealth of Virginia:
(a)
Sponsoring, holding or conducting an event for which a permit is required, without first obtaining a permit;
(b)
Sponsoring, holding or conducting a permitted event on days or at times not authorized by the permit;
(c)
Intentionally providing false, misleading or incomplete information in a permit application;
(d)
Failing to comply with any terms or conditions placed on a permit;
(e)
The failure to comply during an event with any lawful directive of a law enforcement officer, or with any lawfully posted public sign, direction or instruction;
(f)
Climbing, during an event, upon any tree, or any wall, fence, shelter, fountain, statue, or any other structure not specifically intended for climbing purposes;
(g)
Rendering any part of an event venue dangerous, unsafe or unsuitable for use by others;
(h)
Closing any street or public right-of-way during an event, or using any street or right-of-way in a manner that obstructs vehicular or pedestrian passage during an event, without first obtaining a street closing permit;
(i)
Holding, carrying, displaying or using any prohibited item as defined herein within the area where a permitted event is taking place, without the prior written consent of the city manager or his or her designee;
(j)
Throwing or propelling objects of a potentially dangerous nature during an event, including but not limited to rocks, bottles, sticks, staffs, glass objects or cans;
(k)
Engaging in a course of conduct or committing any act that endangers the public welfare or safety of others during an event;
(l)
Damaging landscaping, plantings, improvements, equipment or structures located on city property where an event is being held.
In addition to the criminal sanctions authorized herein, any person engaging in the unlawful conduct proscribed by this section, or who violates any section in this article, may also be held civilly liable for any damages or loss, and may be banned from the future use of city-owned property for a specified period of time.
(Ord. of 2-20-18)
(a)
It shall be unlawful for any person to enter or remain upon the premises of the following parks between the hours of 9:00 p.m. and 6:00 a.m. without the express written permission of the director of parks and recreation.
(1)
Azalea Park.
(2)
Bailey Park.
(3)
Belmont Park.
(4)
Fifeville Park.
(5)
Forest Hills Park.
(6)
Greenbrier Park.
(7)
Greenleaf Park.
(8)
Jordan Park.
(9)
McGuffey Park
(10)
Meade Park.
(11)
Meadowcreek Gardens.
(12)
Northeast Park.
(13)
Quarry Park.
(14)
Riverview Park.
(15)
Rives Park.
(16)
Starr Hill Park.
(b)
It shall be unlawful for any person to enter or remain on the premises of McIntire Park, Pen Park, Tonsler Park, Washington Park or the Charlottesville Pavilion between the hours of 10:00 p.m. and 6:00 a.m. without the express written permission of the director of parks and recreation, provided that it shall not be unlawful to be on the premises of McIntire Park between the hours of 10:00 p.m. and midnight for the purpose of attending an activity scheduled in advance with the department of parks and recreation, or to be on the premises of the Charlottesville Pavilion after 10:00 p.m. for the purpose of attending an event, show or performance scheduled in advance by or with the City or the Operator of the Charlottesville Pavilion.
(c)
It shall be unlawful for any person to enter or remain on the premises of Jackson Park, Lee Park or the Crow and Smith Recreation Centers or their parking lots, between the hours of 11:00 p.m. and 6:00 a.m. without the express written permission of the director of parks and recreation.
(d)
The director of parks and recreation is hereby authorized, with the approval of the city manager, to promulgate rules and regulations governing the time, place and manner in which city parks and other recreation facilities may be used for special events, community events (as defined within section 28-29(c) of the City Code) and for other activities, and to establish reasonable fees and rentals therefor.
(e)
Any person violating the provisions of this section or any rules or regulations promulgated pursuant to subsection (d) shall be guilty of a Class 3 misdemeanor.
(Code 1976, § 18-3; 6-4-90; 2-18-92; 11-16-98(3); 10-15-07)
Cross reference— Penalty for Class 3 misdemeanor, § 1-11.
This article is enacted pursuant to Code of Virginia Sec. 10.1-1127.1, as amended.
(11-4-13)
There is hereby established a tree conservation ordinance to secure protection for a portion of the city's urban forest and the ecosystem services that this forest provides by regulating the designation, preservation and removal of heritage, memorial, specimen and street trees located within the city.
(11-4-13)
The director of the department of parks and recreation, or his or her designee, shall be the administrator of this article.
Any person or entity that knowingly violates any provision of this article shall be subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500.00) for each violation. Civil penalties shall be imposed by the issuance of a civil summons returnable in the general district court by the administrator or his or her designee.
(11-4-13)
For the purpose of this article, the following definitions shall apply:
Heritage tree means any tree that has been individually designated by city council to have notable historic or cultural interest.
Memorial tree means any tree that has been individually designated by city council to be a special commemorating memorial.
Specimen tree means any tree that has been individually designated by city council to be notable by virtue of its outstanding size and quality for its particular species.
Street tree means any tree that has been individually designated by city council and which grows in the street right-of-way or on private property as authorized by the owner and placed or planted there by the local government.
(11-4-13)
(a)
Application.
(1)
By written request. Any person may submit a written request to the administrator seeking designation by ordinance of a tree located on private property as a heritage, memorial, specimen or street tree. The request must describe the tree in question, its location, and the factors which support its designation as a heritage, memorial, specimen or street tree. Any submission for designation of a tree by a person who is not the property owner must include written consent of the property owner for the submission. The administrator, upon receipt of such a request, shall forward a copy to the tree commission for review and recommendation to the city arborist.
(2)
By tree commission. The tree commission may submit a written recommendation to the administrator seeking designation by ordinance of a tree located on public property or on private property if the owner of such property consents, as a heritage, memorial, specimen or street tree. The recommendation must describe the tree in question, its location and the factors which support its designation as a heritage, memorial, specimen or street tree. The administrator, upon receipt of such a request, shall forward a copy to the city arborist.
(b)
Report and hearing.
(1)
The city arborist shall provide a written report and recommendation on any proposed designation to city council, which shall include the written recommendation of the tree commission and consider the planned land use by the owner of the property on which the tree is located.
(2)
City council shall hold quarterly public hearings to consider all then-pending applications for designation, however any application initially submitted to the administrator less than forty-five (45) days prior to a regularly scheduled public hearing shall not be heard until the next such quarterly hearing. The clerk of council shall send notice of the scheduled hearing to any owner of property upon which a tree being considered for designation is located by certified mail at least fourteen (14) days prior to the hearing.
(3)
City council, after consideration of the report and recommendation of the city arborist and any additional information that it deems relevant, and after conducting a public hearing, may designate by ordinance the subject tree as a heritage, memorial, specimen or street tree.
(c)
Designation of a tree under this article does not impose any additional obligation upon the city to inspect, maintain or take any other action with regard to such tree.
(11-4-13)
(a)
A property owner shall undertake reasonable efforts to preserve and protect any trees designated pursuant to this article. No heritage, memorial, specimen or street tree may be removed or intentionally damaged in a way that could destroy the tree unless authorized by city council. City council may authorize the removal or other action upon making a determination that: (i) there is an overriding need for public improvements which necessitate removal of the tree; or (ii) not removing the tree will cause severe hardship to the property owner. A request to remove or take other action upon any designated tree shall be submitted and acted upon in the same manner as a request for designation in section 18-9.
(b)
The city manager may permit the removal of a heritage, memorial, specimen or street tree if the city arborist determines that the tree is dead, has become irreversibly diseased or irreversibly damaged by natural causes, or that the tree endangers the health, safety and/or welfare of the public that cannot be mitigated in accordance with accepted industry standards of tree risk assessment and management.
(c)
Any city department or contractor engaged by the city shall, prior to conducting any land disturbing activity, ascertain whether the drip line of any tree designated pursuant to this article lies within fifty (50) feet of the land disturbing activity. Upon making such a determination, the city department shall alert the city arborist.
If the city arborist determines that the proposed land disturbing activity may damage or destroy the tree, then the city department responsible for the proposed work, if unable to alter plans to avoid such results, shall submit a request to proceed with the proposed activity to the tree commission, which shall make a recommendation to the city council. City council may direct the city department to take additional precautionary measures to protect the tree, or approve the removal of the tree, or direct that the activity not be conducted.
(11-4-13)
The provisions of this article shall not apply to:
(1)
Work conducted on federal or state property;
(2)
Emergency work to protect life, limb or property;
(3)
Routine installation, maintenance and repair of cable and wires used to provide cable television, electric, gas or telephone service;
(4)
Activities with minor effects on trees, including but not limited to, home gardening and landscaping of individual homes; and
(5)
Commercial, silvicultural or horticultural activities, including but not limited to planting, managing, or harvesting forest or tree crops.
(11-4-13)
In the event that the application of this article regulating the removal of heritage, memorial, specimen or street trees results in any taking of private property for a public purpose or use, the city shall compensate by fee or other consideration the property owner for such taking, to the extent that such claim is recognized and compensable under state or federal law, and in accordance with the provisions of Chapter 2 of Title 25.1 of the Code of Virginia.
(11-4-13)
The purposes of this article are to:
(a)
To establish procedures and standards governing the use of public property by non-city organizations and individuals for the purpose of conducting events, and to ensure the preservation of public convenience in the use of city streets and outdoor areas, the preservation of public order and safety, and the defraying of administrative expenses associated with certain types of uses; and,
(b)
To protect the right of persons and groups to organize and participate in peaceful assemblies to express their political, social, religious, or other views on city streets, sidewalks, other public ways, parks, and other public lands, subject to reasonable restrictions designed to protect public safety, persons, and property, and to accommodate the interest of persons not participating in such assemblies in not having their ability to use city streets, sidewalks, and other public ways to travel to their intended destinations, city parks for recreational purposes, and other city lands for their intended purposes unreasonably impaired.
(c)
The application of the provisions of this article, and any rules and regulations adopted pursuant to these provisions, shall be without regard to the content of the beliefs expressed or anticipated to be expressed during any permitted event.
(Ord. of 2-20-18)
Community event means the events listed in section 28-29(c) of this Code, and such other events designated by city council as "community events" from time to time.
Demonstration means an event involving non-commercial expression protected by the First Amendment of the United States Constitution (such as picketing, political marches, speechmaking, vigils, walks, etc.) conducted on public property, the conduct of which has the effect, intent or propensity to draw a crowd or onlookers. This term does not include casual activity by persons which does not have an intent or propensity to attract a crowd or onlookers. The term "demonstration" shall exclude:
(1)
Any events conducted by tenant of the Economic Development Authority of the City of Charlottesville ("CEDA") under the Pavilion lease dated September 20, 2004 (i.e., all "operator events" as that term is defined within that Pavilion lease); and
(2)
Any events conducted by the Thomas Jefferson Center for Freedom of Expression within the area leased to it for and in connection with the First Amendment Monument.
Event may refer either to a demonstration or a special event, or to demonstrations and special events, collectively.
Open burning and open fire have the same meaning as set forth in this Code section 12-2.
Open flame means fire whose flame is supported by a wick, oil or other slow-burning means to sustain itself. "Open flame" includes, but is not limited to, flame producing devices such as candles, torches, and juggling or other fire artist equipment; provided, however, that "open burning and open fire" and "open flame" shall not include handheld candles when used for ceremonial purposes, provided that they are not held or used in an intimidating, threatening, dangerous or harmful manner.
Prohibited items shall mean:
(1)
All items prohibited by law from being held, carried, displayed, worn or otherwise used in public;
(2)
Items banned from public or park lands;
(3)
Any BB guns, pellet guns, air rifles or pistols, paintball guns, pellet guns, nun chucks, tasers, stun guns, heavy gauge metal chains, lengths of lumber or wood, poles, bricks, rocks, metal beverage or food cans or containers, glass bottles, axes, axe handles, hatchets, ice picks, acidic or caustic materials, hazardous, flammable, or combustible liquids, dogs (except service dogs), skateboards, swords, knives, daggers, razor blades or other sharp items, metal pipes, pepper or bear spray, mace, aerosol sprays, catapults, wrist rockets, bats, sticks, clubs, drones, explosives, fireworks, open fire or open flames, or other item considered an "implement of riot";
(4)
Any items capable of inflicting bodily harm when these items are held or used in an intimidating, threatening, dangerous or harmful manner; and
(5)
Law enforcement or military-like uniforms or uniform-like clothing, badges, insignia, shields, hats, helmets, masks, equipment and other items that when held, carried, displayed or worn tend to suggest or imply that the wearer is a current member of law enforcement, the military, a private militia, or other public safety organization, such as a fire department or emergency medical services agency.
Special event means sports events, pageants, celebrations, historical reenactments, carnivals, music festivals and other entertainments, exhibitions, dramatic presentations, fairs, festivals, races (i.e., runs/walks), block parties, parades and other, similar activities, conducted on public property, which (i) are not demonstrations, and (ii) are engaged in by fifty (50) or more persons. The term "special event" shall be construed to include a community event or private organization celebration held in or on city-owned property and is attended by more than fifty (50) people. The term "special event" shall exclude (i) any events conducted by CEDA's tenant under the Pavilion lease dated September 20, 2004 (i.e., all "operator events" as that term is defined within the Pavilion lease), and (ii) any events conducted by the Thomas Jefferson Center for Freedom of Expression within the area leased to it for and in connection with the First Amendment Monument; and (iii) gatherings of ten (10) or more people in a park for general recreational or sports activities.
Sponsor means the person (as defined above) or persons who sign, or whose authorized representative(s) sign, an application for an event permit and who will be responsible under the permit, if issued, for ensuring that the event will be conducted in accordance with these regulations. Where a purported sponsor is not a legal entity, the sponsor shall be the individual(s) signing the permit application.
(Ord. of 2-20-18)
(a)
The city manager is authorized to adopt standard operating procedures that establish a permit application process to be administered through the department of parks and recreation. The procedures shall also provide for the grant or denial of permit applications within specified times; establish the grounds for revocation of an approved permit; provide for the application of reasonable time, place and manner regulations for permitted events; establish reasonable fees, charges, rentals and insurance and indemnification requirements; and restrict the possession or use of prohibited items, as defined herein, during the event.
(b)
Any person intending to hold or sponsor an event on any city-owned or leased property must first obtain a permit through the department of parks and recreation, unless:
(1)
The event is exempt from permitting requirements under the standard operating procedures promulgated by the city manager; or
(2)
Such person is holding or sponsoring such event pursuant to a valid permit issued by the city manager pursuant to another chapter of this Code.
(c)
By accepting a permit issued by the city pursuant to this article, the sponsor represents that:
(1)
All information included or presented as part of the permit application was, to the best of the sponsor's information and belief, complete and correct;
(2)
That all terms and conditions of such permit have been or will be complied with; and
(3)
That a copy of the permit will be made available for inspection by any city representative during the event.
(Ord. of 2-20-18)
(a)
To further the goal of public safety and to protect the city and its officers, officials and employees from claims for damage to property or bodily injury occurring during the event, the sponsor of an event shall be required to furnish a general liability and property damage insurance contract insuring the sponsor's liability for personal injury and death and damages to property resulting from its use of public property. The required general liability and property damage insurance, unless waived in whole or in part, shall be provided in an amount not less than one million dollars ($1,000,000.00), and the insurance policy shall name the city (including is officers, officials, employees and agents), as additional insured parties to the insurance contract.
(b)
This insurance requirement may be waived, in whole or in part, by the city manager or his or her designee because:
(1)
The cost of the insurance will result in a documented financial hardship to the sponsor; or
(2)
For an event that:
a.
Does not pose a high level of liability risk to the city or a material risk to public safety; and
b.
Does not involve any inherently dangerous activity.
A written request to waive or modify any insurance requirement must be made by the sponsor at the time a permit application is submitted. An approval or denial of the request will be made in writing to the event sponsor.
(c)
The decision on whether the insurance requirement will be waived in whole or in part will be based on the following factors:
(1)
Whether the event and planned activities present a risk of personal injury or property damage;
(2)
Whether the event involves a large number of participants relative to the size of the event venue;
(3)
Whether the event involves the preparation and sale of food;
(4)
The duration of the event; and
(5)
Whether the event involves transportation or installation of heavy equipment, or the installation of a stage or other temporary structures. Provided however, that, in deciding whether insurance will be required or waived for a demonstration the city manager or his or her designee shall not consider the number of anticipated onlookers or counter-demonstrators, the potential risk of property damage or bodily injury that may be caused by onlookers or counterdemonstrators, nor the possibility that the demonstration will be controversial in nature.
(Ord. of 2-20-18)
The following conduct is declared to be unlawful and shall be, upon conviction, punishable as a class IV misdemeanor, unless a greater penalty is authorized and imposed in any other chapter of this Code or by the laws of the Commonwealth of Virginia:
(a)
Sponsoring, holding or conducting an event for which a permit is required, without first obtaining a permit;
(b)
Sponsoring, holding or conducting a permitted event on days or at times not authorized by the permit;
(c)
Intentionally providing false, misleading or incomplete information in a permit application;
(d)
Failing to comply with any terms or conditions placed on a permit;
(e)
The failure to comply during an event with any lawful directive of a law enforcement officer, or with any lawfully posted public sign, direction or instruction;
(f)
Climbing, during an event, upon any tree, or any wall, fence, shelter, fountain, statue, or any other structure not specifically intended for climbing purposes;
(g)
Rendering any part of an event venue dangerous, unsafe or unsuitable for use by others;
(h)
Closing any street or public right-of-way during an event, or using any street or right-of-way in a manner that obstructs vehicular or pedestrian passage during an event, without first obtaining a street closing permit;
(i)
Holding, carrying, displaying or using any prohibited item as defined herein within the area where a permitted event is taking place, without the prior written consent of the city manager or his or her designee;
(j)
Throwing or propelling objects of a potentially dangerous nature during an event, including but not limited to rocks, bottles, sticks, staffs, glass objects or cans;
(k)
Engaging in a course of conduct or committing any act that endangers the public welfare or safety of others during an event;
(l)
Damaging landscaping, plantings, improvements, equipment or structures located on city property where an event is being held.
In addition to the criminal sanctions authorized herein, any person engaging in the unlawful conduct proscribed by this section, or who violates any section in this article, may also be held civilly liable for any damages or loss, and may be banned from the future use of city-owned property for a specified period of time.
(Ord. of 2-20-18)
(a)
There shall be a department of human resources which shall consist of a director of human resources, a personnel appeals board and such employees as may be authorized from time to time.
(b)
The director of human resources shall be appointed by and at the pleasure of the city manager. He shall be chosen on the basis of his general executive and administrative ability and experience, with due regard for his education, training and experience in human resources management. The director shall appoint the employees of the department, and shall have general management and control over them. He shall be responsible for the formulation and administration of the personnel policies of the city.
(Code 1976, §§ 20-2, 20-3)
A classification plan shall be recommended by the director of human resources and approved by the city manager. It shall set forth titles, duties and specifications for the various kinds of work performed by employees of the city. Changes in the classification plan may be recommended from time to time by the director of human resources and shall take effect when approved by the city manager. The class titles set forth in the classification plan shall be used to designate such positions in all official records, documents, vouchers and communications. No person shall be appointed to or employed in a position within the city service under any class title which has not been recommended by the director of human resources and approved by the city manager as appropriate to the duties to be performed.
(Code 1976, § 20-6)
State Law reference— Duty of city to establish classification plan, Code of Virginia, § 15.1-7.1.
There shall be a pay plan consisting of a salary range for each class of positions in the classification plan, which shall provide for increments within such range to be earned by length of service and satisfactory performance. Each class of positions shall be allocated to a salary range with due regard to the salary ranges for other classes and to the relative difficulty and responsibility of characteristic duties of positions in the class, the desirable qualifications, the prevailing rates paid within the effective recruiting area, and any other factors that have a bearing on the adequacy and fairness of the range. The pay plan shall be submitted to city council by the city manager for review and approval.
(Code 1976, § 20-7)
Cross reference— Payday to be fixed by city manager, § 2-153; warrants and checks for salaries and wages, § 11-98.
State Law reference— Duty of city to establish uniform pay plan, Code of Virginia, § 15.1-7.1.
The director of human resources shall constantly review the pay ranges of classifications within the pay plan and, when necessary, make recommendations for changes to the city manager. The ranges of pay for each class of positions may be changed by the city manager upon such recommendation of the director of human resources, provided appropriated funds are available for any increases in the ranges, and provided further, that no more than five (5) percent of the total authorized positions are affected by any single action. Any amendment or revision of the pay plan which exceeds the foregoing limitation shall be transmitted to the council for approval.
(Code 1976, § 20-8)
The director of human resources shall be responsible for interpreting and applying the pay plan to pay questions or problems which are not specifically addressed by the pay plan.
(Code 1976, § 20-9)
The director of human resources shall prepare and recommend to the city manager a grievance procedure and such other administrative regulations as may be considered necessary to carry out the provisions of this article and to provide systematic and equitable handling of the personnel affairs of the city. Before recommending any such regulations to the city manager the director of human resources shall cause copies of the same to be posted in a conspicuous place in city hall and in such other locations as are reasonably calculated to inform all city employees of the provisions of the proposed regulations. There shall be attached to such posted copies a notice setting forth the time and place at which the director of human resources shall conduct a public hearing at which any city employee may appear to be heard for or against such regulations. Such notice shall be posted not less than five (5) working days prior to such hearing. Following such hearing the director of human resources shall submit such amendments or revisions thereto as he shall deem necessary to the city manager for final approval or disapproval. Upon approval by the city manager such regulations shall be in force until amended or rescinded by the foregoing process.
(Code 1976, § 20-10)
State Law reference— Duty of city as to grievance procedure, Code of Virginia, §§ 15.1-7.1, 15.1-7.2.
The city shall maintain and promote equal employment opportunity. Appointments, tenure and promotions shall be based upon fitness and performance without regard to sex, race, religion, national origin, political affiliation, handicap, sexual orientation or other nonjob related factors.
(Code 1976, § 20-11; 7-18-94, § 1)
As part of the employee pay plan adopted pursuant to this article, the city council, city manager or his designee may authorize payment of cash and non-cash monetary bonuses to city officers and employees, as part of an employee recognition or recruitment program, pursuant to promulgated regulations as approved by the city manager. Said regulations may be amended from time to time subject to city manager approval.
(8-1-05(1))
To the extent hereafter permitted or required by law, the city hereby recognizes same sex marriages or civil unions that have lawfully occurred in other states and, as such, shall extend to the partners of city employees in same sex marriages or civil unions that have lawfully occurred in other states all of the benefits offered to the spouses of city employees in heterosexual marriages. To the extent hereafter permitted or required by law, the word "spouse" shall include the partner of a city employee in a same sex marriage or civil union that has lawfully occurred in another state.
(10-7-13(1))
(a)
There is hereby created a personnel appeals board which shall consist of three (3) persons who are not employees of the city who shall be appointed by the council. Of those first appointed one shall be appointed to serve for one (1) year, one for two (2) years and one for three (3) years. Thereafter, members shall be appointed for the full term of three (3) years. Vacancies shall be filled by the council by appointment for the unexpired portion of the term.
(b)
No member of the personnel appeals board shall serve more than two (2) consecutive full terms; provided, that members initially appointed to lesser terms or appointed to fill unexpired terms may thereafter serve two (2) full terms.
(Code 1976, § 20-4)
Cross reference— General limitation on terms of members of boards, § 2-8.
The members of the personnel appeals board shall serve without compensation.
(Code 1976, § 20-4)
The personnel appeals board shall annually choose one of its members to act as chairman.
(Code 1976, § 20-4)
The director of human resources shall serve ex officio as the secretary of the personnel appeals board, but shall have no vote thereon.
(Code 1976, § 20-3)
Two (2) members of the personnel appeals board shall constitute a quorum.
(Code 1976, § 20-4)
(a)
The personnel appeals board shall constitute the final authority to rule upon grievances filed by employees under the grievance procedure promulgated pursuant to section 19-6.
(b)
Appeals of grievances shall be made within ten (10) calendar days after the exhaustion of all prior steps in the grievance procedure available to the employee; provided, however, that such an appeal shall not be available to heads of city departments, or to employees in the office of the city manager who are engaged in city-wide policy determinations. Probationary employees may not appeal grievances based on dismissals.
(c)
Within two (2) working days of receipt of notice of such an appeal the board shall schedule a hearing to be held within ten (10) days thereafter or as soon as the schedules of the members reasonably permit. The hearing may be in public or in executive session at the option of the appellant and the appellant may be represented by legal counsel or by some other person of his own choosing. The city may be represented by counsel or by the head of the department in which the appellant employee is employed. As soon as practicable after such hearing the board shall report in writing its findings to the city manager. Those findings shall have the full force and effect granted to final grievance panel decisions by state law.
(Code 1976, § 20-5)
As used in this article, the term "commission" means the retirement plan commission created by section 19-57.
Cross reference— Definitions and rules of construction generally, § 1-2.
(a)
There is hereby created a commission, to be known as the retirement plan commission, whose duty it shall be to administer the supplemental retirement or pension plan of the city in accordance with the provisions of this article and of article IV of this chapter.
(b)
The commission shall be comprised of a member of city council, the city manager, the director of finance, the director of human resources, the city treasurer, three (3) employees of the city or of any other agency participating in the city supplemental retirement or pension plan, one (1) retiree in the city's plan, and two (2) members of the community.
(Code 1976, § 20-12; 3-7-94; 9-18-00; 3-19-12, § 1, eff. 7-1-12)
The terms of the ex officio members of the commission shall be concurrent with their service in such offices.
(Code 1976, § 20-12)
(a)
The three (3) employee at-large members of the commission shall be appointed by the city council from a list of eligible candidates certified to the council by the city manager. They shall be appointed for terms of three (3) years, and shall be eligible to serve for two (2) terms; provided, that of the three (3) members initially so appointed, one (1) shall be appointed for a one-year term, and one (1) shall be appointed for a two-year term; and provided, that those employees initially appointed for terms of less than three (3) years and those appointed to fill unexpired terms shall be eligible for reappointment to two (2) full three-year terms.
(b)
Whenever a vacancy exists in any of the three (3) employee at-large positions on the commission, the city manager shall certify such fact to the city council along with a list of candidates, which shall include the name of any otherwise eligible employee whose name has been placed in nomination by petition signed by at least fifteen (15) other employees. In the event that an insufficient number of petitions are thus presented, the city manager shall nominate an additional employee or employees, to the end that such list shall include at least two (2) nominees for every vacancy to be filled by the city council; provided, that at least thirty (30) days prior to certifying such list to city council, the city manager shall cause to be posted, in city hall and at other principal locations where employees work, a notice reciting the fact that such vacancy exists or will exist on the commission, the procedure hereinabove set forth for nominations and the date on which such list of nominees will be forwarded to the city council.
(c)
No two (2) of the three (3) at-large employee members of the commission shall be employed in the same department of city government.
(d)
Each of the two (2) community members shall be appointed by the city council to a term of two (2) years, except that appointments to fill vacancies shall be for the unexpired remainder of the vacant term. No community member shall serve for more than four (4) consecutive two (2) year terms except that a member appointed to fill an unexpired term shall be eligible for reappointment to four (4) complete two (2) year terms.
(e)
At least one (1) of the members appointed from the community shall be, at the time of the appointment, a resident of the city or the owner of a business located in the city. One (1) of the members appointed from the community shall have professional experience in money management, investment services, banking, or retirement plan administration.
(f)
The one (1) retiree member of the commission shall be appointed by the city council from the list of current retirees certified to the council by the city manager. The appointment shall be for a term of three (3) years and shall be eligible to serve for two (2) terms.
(Code 1976, § 20-12; 3-7-94; 3-19-12, § 1, eff. 7-1-12)
Cross reference— Limitation on terms of members of commissions, § 2-8.
The council member shall be the president and the director of human resources the secretary of the commission. The secretary shall keep a correct journal of the proceedings of every meeting and shall preserve all books and papers of the commission in his office.
(Code 1976, § 20-13; 9-18-00)
The city treasurer shall keep an account of and shall be the custodian of all money, securities, bonds and other evidences of debt belonging to the retirement fund, subject to such conditions as the commission may prescribe.
(Code 1976, § 20-14)
To assist it in the discharge of its responsibilities under the provisions of this article and article IV of this chapter, the commission may employ an actuary as its technical advisor and incur such other expenses as it deems necessary for the efficient administration of the retirement fund and the retirement plan.
(Code 1976, § 20-17)
All of the funds and assets of the city's supplemental retirement or pension plan shall be maintained by the commission in a fund to be known as the retirement fund. In the retirement fund shall be accumulated all contributions made by the city pursuant to the provisions of section 19-92 and all income from the invested assets of the retirement fund. From the retirement fund shall be paid the retirement allowances and other benefits provided for under the terms of the retirement plan as set forth in article IV of this chapter and reasonable expenses therefore. The fund and the retirement plan shall be maintained for the exclusive benefit of employees or their beneficiaries.
(Code 1976, § 20-15; 6-5-17(1))
The commission shall have charge of the investment and management of all assets of the retirement fund, subject to the standards for the investment of funds by fiduciaries as set forth in Code of Virginia, chapter 3 of title 26 (section 26-38 et seq.), and subject to the restrictions of any investment policy adopted by formal resolution of the city council. All interest, dividends or other income accruing from such investments shall be collected by the city treasurer when due and deposited to the credit of the retirement fund. All such funds shall be reinvested according to the provisions of this section; provided, that unless some other provision is made by city council for such payment, sufficient funds shall be retained as cash in the fund to provide for current retirement payments under the retirement plan and other legitimate expenses of the fund.
(Code 1976, § 20-16)
The commission shall, through the city treasurer, not later than August thirtieth of each year, make an annual report to city council on the condition of the retirement fund and the retirement plan as of the preceding June thirtieth. Each such report shall include the results of an actuarial valuation of the assets and liabilities of the retirement plan, made not less frequently than biennially, and a statement of the amounts to be contributed by the city pursuant to section 19-92. The report shall also state the cash receipts of the retirement fund for the previous year in detail, an itemized list of securities bought or sold with the price paid or received and a detailed list of all assets of the fund. The report may also contain any recommendations the commission desires to make concerning changes in this Code with respect to the retirement fund or the retirement plan.
(Code 1976, § 20-17)
All disbursements by the commission shall be by warrant of the director of finance drawn on the city treasurer.
(Code 1976, § 20-18)
The commission must have a quorum present to take action. A majority of the members serving on the commission shall constitute a quorum.
(2-4-91)
As used in this article, the following words and phrases shall have the meanings ascribed to them by this section, unless a different meaning is plainly required by the text:
Accumulated contributions means the sum of all amounts deducted from the compensation of a member and credited to his individual account in the member's contribution account, all amounts the member may contribute to purchase creditable service and all interest credited to the member's contribution account pursuant to section 19-92(g).
Actuarial equivalent means a benefit of equal value when computed upon the basis of such actuarial tables as are adopted by the commission. The actuarial equivalents and all actuarial calculations shall be determined on the basis of interest at an assumed rate of 8%, and the UP84 Mortality Table for the member, and the UP84 Mortality Table with a five-year setback in age for spouses and/or beneficiaries.
Appointing authority means the city council in the case of city council appointees; the commissioner of revenue, the city treasurer, the city sheriff, the clerk of the circuit court and the commonwealth's attorney in the case of their employees; and the city manager in the case of all other members of the plan, except for such elected constitutional officers.
Average final compensation means the average annual creditable compensation of a member during the three (3) consecutive years of creditable service in which such compensation was at its greatest amount. However, for any person who becomes a member after June 30, 2012, average final compensation means the average annual creditable compensation of a member during the five (5) consecutive years of creditable service in which such compensation was at its greatest amount.
Beneficiary means any person entitled to receive benefits under this article. A beneficiary for purposes of a payment made in the event of death (other than a contingent beneficiary under an annuity option form or the survivor allowance payable pursuant to section 19-105(b) or (c)) shall be that person named by the member in a beneficiary designation form filed with the city. If no designation is filed, the beneficiary shall be the members' spouse or, if none, the member's estate.
Commission means the retirement plan commission provided for in article III of this chapter.
Creditable compensation means the full compensation payable annually to an employee working the full normal working time for his position exclusive of overtime. The creditable compensation of an employee paid on an hourly basis shall be computed at his regular hourly rate multiplied by the regular number of working hours per week multiplied by fifty-two (52). In cases where compensation includes maintenance and other perquisites, the city manager shall fix the value of the part of the compensation not paid in money. Notwithstanding the foregoing, creditable compensation taken into account for purposes of determining benefits under the plan shall be limited by the compensation limit pursuant to Section 401(a)(17) of the Internal Revenue Code of 1986, as amended. For purposes hereof, the compensation limit, for years beginning on or after January 1, 1986 but before December 31, 1992, is two hundred thousand dollars ($200,000.00) as adjusted by the cost of living adjustment factor prescribed by the Secretary of the Treasury or his delegate under Section 415(d) of the Internal Revenue Code of 1986, as amended, the "adjustment factor"; and for years beginning on or after January 1, 1993, is one hundred fifty thousand dollars ($150,000.00) (as adjusted by the adjustment factor in ten thousand dollars ($10,000.00) increments on the basis of a base period of the calendar quarter beginning October 1, 1993). For purposes of applying the limitation applicable to each year, the limit for a plan year shall be the limitation in effect for the calendar year in which the plan year begins determined without increases in the limitation for subsequent years.
Creditable service means, for any member who is in service at any time after July 1, 1982, his total service as an employee, whether or not continuous, exclusive of any separate period of service of less than nine (9) months in duration, but inclusive of official leave for military service, to the extent required by federal or state law. Creditable service shall be counted in terms of calendar years, with completed months of creditable service in excess of complete years being counted as a fractional part of a year.
For any employee eligible to retire pursuant to the provisions of section 19-95(a), (e), (g) or section 19-100 of this chapter, creditable service shall include, for purposes of computing the retirement allowance, one-half (½) of the employee's accumulated and unused sick leave as of the date of retirement, up to a maximum of two thousand (2,000) hours.
Employee means any person who is employed by the city on a full-time, year-round basis, whether paid by the hour, week, month or otherwise. Such term shall not include any person, judicial, professional or otherwise, employed either on a part-time basis or on a seasonal basis; nor shall it include any official elected by the people or any person employed in the office of such official; except, that it shall include the commissioner of revenue, the city treasurer, the city sheriff, the clerk of the circuit court, the commonwealth's attorney and their full-time employees. Such term shall not include the employees of any office, department or agency which participates in the Virginia Supplemental Retirement System, regardless of whether such office, department or agency is funded wholly or partly by the city; provided, that any clerk or employee of the district court employed in such capacity on June 30, 1973, who elected not to participate in the Virginia Supplemental Retirement System shall continue to be considered an employee, for purposes of this article only, and be eligible for benefits hereunder to the full extent of his salary. Such term shall include the employees of any multi-jurisdictional agency in which the city is a participating jurisdiction, when such employees are not covered under the Virginia Supplemental Retirement System, or in any other retirement plan, and when the city has contractually agreed to include such employees in the retirement plan provided by this article. Notwithstanding the foregoing definition, "employee" also includes any person who meets the foregoing definition, except that he:
(1)
Works less than full-time but at least half-time;
(2)
Works less than year-round but at least thirty-six (36) weeks per year; and
(3)
Is in service on or after July 1, 1987.
In case of dispute, the commission shall determine who is an employee within the meaning of this article.
Member means any employee or former employee who is currently, or shall in the future, be recognized as having membership in the plan.
Member contribution account means the account established under the plan to hold the member's contributions and earnings thereon required and credited pursuant to section 19-92.
Normal retirement date means the first day of the month coinciding with or next following:
(1)
For a member who is a police officer, firefighter, sheriff or sheriff's deputy, the sixtieth (60th) birthday of the member, and
(2)
For a member who is not a police officer, firefighter, sheriff or sheriff's deputy, the sixty-fifth (65th) birthday of the member.
Person who becomes a member after June 30, 2012 means a person who is not a member of a plan described in section 19-94(a) or (c) who is hired or rehired after June 30, 2012 as an employee as defined herein. In the case of an employee who is rehired after such date and whose credited service attributable to employment prior to July 1, 2012 is reinstated or is otherwise not disregarded, shall not be treated as a person who becomes a member after June 30, 2012 if such employee elects to be a member of a plan described in section 19-94(a) or (c) at the time of his rehire. Any benefit accumulated under the plan based on employment prior to July 1, 2012 shall remain frozen as though his employment after June 30, 2012 had not occurred. If such employee does not elect to be a member of a plan described in section 19-94(a) or (c) at the time of his rehire, his benefit under the plan shall be determined based on the provisions applicable to a person who becomes a member after June 30, 2012, except that no employee contribution shall be required or collected with respect to service performed prior to July 1, 2012.
Plan means "The Supplemental Retirement or Pension Plan of the City of Charlottesville," as set forth in this article.
Retirement allowance means the retirement payments to which a member is entitled, as provided in this article.
Service means service as an employee for which compensation is paid.
(Code 1976, § 20-19; 12-21-92; 10-16-00(1); 5-5-03(2); 1-3-12)
Cross reference— Definitions and rules of construction generally, § 1-2.
(a)
Each member, including a police officer, firefighter, sheriff or sheriff's deputy, shall contribute a percentage of his creditable compensation each pay period as follows:
(1)
Each member, except a person who becomes a member after July 1, 2012 as defined in Section 19-91, shall contribute 1% of his creditable compensation each pay period beginning on or after July 1, 2017, until the first pay period beginning on or after July 1, 2018. For each pay period beginning on or after July 1, 2018, said member shall contribute 2% of his creditable compensation.
(2)
Each person who becomes a member after June 30, 2012 and who is hired or rehired before July 1, 2017 shall contribute 3% of his creditable compensation each pay period.
(3)
Each person who becomes a member after June 30, 2012 and who is hired or rehired after June 30, 2017 shall contribute 5% of his creditable compensation each pay period.
The city and any other employer adopting the plan shall deduct the applicable contribution payable by the member and every employee accepting or continuing employment shall be deemed to consent and agree to any deductions from his creditable compensation required by this section.
Notwithstanding the foregoing, the employee contributions, although designated as employee contributions hereunder, will be paid by the city and any other employer adopting the plan and shall be treated as employer contributions pursuant to Section 414(h) of the Internal Revenue Code of 1986, as amended, and shall not be included as gross income of the employee until such time as they are distributed or made available to the employee. The city and any other employer adopting the plan shall "pick-up" the employee contributions by reducing the amount payable to each employee by the amount of his required employee contribution on a salary reduction basis.
(b)
Beginning July 1, 1992, the city council shall appropriate, and the city shall contribute annually to the retirement fund established pursuant to section 19-63, an amount equal to the sum of the normal contribution, and the accrued liability contribution, if any.
(c)
The normal contribution for any year shall be determined as a percentage, equal to the normal contribution rate, of the total creditable compensation of the members for such year. Similarly, the accrued liability contribution rate for any year shall be determined as a percentage, equal to the accrued liability contribution rate, of such total creditable compensation. In determining the amount of any contribution, a reasonable approximation to the exactly computed amount may be used.
(d)
The normal contribution rate shall be determined as the percentage of the total annual creditable compensation of the members computed in accordance with recognized actuarial principles on the basis of methods and assumptions approved by the commission. The normal contribution rate shall be determined from the results of each valuation which shall be made as directed by the commission not less frequently than biennially.
(e)
The accrued liability contribution rate shall be determined as the percentage of the total annual creditable compensation of the members that is represented by the level annual contribution necessary to:
(1)
Amortize the unfunded actuarial accrued liability as a level percentage of covered payroll over a closed period not to exceed thirty (30) years as directed by the commission; and
(2)
Amortize any increase or decrease in the actuarial accrued liability due to plan changes, actuarial gains, and/or actuarial losses as a level percent of covered payroll over a closed period not to exceed thirty (30) years as directed by the commission.
The unfunded actuarial accrued liability as of any valuation date shall be determined, in accordance with recognized actuarial principles on the basis of methods and assumptions approved by the commission.
The accrued liability contribution rate shall be determined from the results of each valuation, which shall be made as directed by the commission not less frequently than biennially.
(f)
The commission shall certify to city council the normal contribution rate, the accrued liability contribution rate and every change made from time to time in any of such rates.
(g)
All members' contributions and interest allowances shall be credited to the member's contribution account. Accumulated contributions required to be returned to the member or required to be paid on account of the member's death shall be paid from the member's contribution account. As of each June 30, the member contribution account of each active member shall be credited with interest at a rate to be determined annually by the retirement commission. Initially, the rate shall be 3% annually. Interest shall accrue on any contribution beginning on the first day of the fiscal year following the year in which the contribution was made. No interest shall be credited to the member contribution account after the effective date of the member's retirement.
(Code 1976, § 20-20; 3-1-93; 1-3-12; 6-5-17(1))
(a)
Membership in the plan as of any date shall consist of the following:
(1)
All employees at such date, inclusive of those on authorized leave from service.
(2)
All former employees who have not retired under the provisions of the plan and who either:
a.
Have five (5) years or more of creditable service and were in service at some time after June 30, 1975, and who have not received a refund of such member's accumulated contributions pursuant to section 19-104.1 or
b.
Have twenty (20) years or more of creditable service and were included in the membership of the plan on June 30, 1975.
(b)
The membership of any person in the plan shall cease upon:
(1)
Termination of service as an employee prior to the completion of five (5) years of creditable service, or in the case of a person who becomes a member after June 30, 2012, the refund of such member's accumulated contributions pursuant to section 19-104.1; or
(2)
Retirement; or
(3)
Death.
(c)
When membership ceases, except in the case of retirement or of death under circumstances calling for the payment of benefits hereunder, an employee shall thereafter lose all right to any retirement allowance or benefits under this article arising from service prior to the date of such cessation of membership except for any vested deferred retirement benefits such employee might be entitled to receive, provided that if any such employee should subsequently again be in service, his previous period or periods of creditable service shall be reinstated. Any person that received a refund of his accumulated contributions pursuant to section 19-104.1, shall be treated as a new member upon subsequent reemployment. If no refund was made, all previous period or periods of creditable service shall be reinstated.
(Code 1976, § 20-21; 1-3-12; 6-5-17(1))
(a)
The city manager may approve the withdrawal from membership in the plan of any employee who is exempt from the personnel appeals system as set forth in section 19-36(b) and may execute an agreement for such employee to participate in an optional defined contribution plan approved by the Internal Revenue Service as a qualified plan within the meaning of Section 401(a) of the Internal Revenue Code of 1986, as amended. Such agreement may provide that the city shall contribute to such plan an annual amount no greater than the total amount which the city would contribute to the city plan on behalf of such employee for such year pursuant to section 19-92(b). The contribution shall not include any contribution made to fund the city's post-employment benefits trust in accordance with section 19-141. Any employee who enters into such an agreement shall be deemed to have terminated all membership in the supplemental retirement or pension plan of the city and to have waived any rights whatsoever to any benefits thereunder. Upon execution of any such agreement, the retirement plan commission is authorized to make the payments called for therein, but in no event shall the payment for any period exceed the amount contributed by the city to the city plan for such employee for such period. A copy of such plan shall be kept on file in the city's personnel department, and it may be amended from time to time.
(b)
The city council may likewise approve participation by the city manager in a supplemental defined contribution plan approved by the Internal Revenue Service as a qualified plan within the meaning of Section 401(a) of the Internal Revenue Code of 1986, as amended, in which case the city's annual contribution thereto shall likewise equal the amount which would have been contributed to the city plan, unless the council shall determine a greater or lesser amount. A copy of such plan shall be kept on file in the city's personnel department, and it may be amended from time to time.
(c)
Effective July 1, 2001, the city manager may approve the withdrawal from membership in the plan of any employee and may execute an agreement for such employee to participate in an optional defined contribution plan approved by the Internal Revenue Service as a qualified plan within the meaning of Section 401(a) of the Internal Revenue Code of 1986, as amended. Such agreement may provide that the city shall contribute to such plan an annual amount determined by the retirement commission with the approval of the city manager on behalf of such employee for such year. Any employee who enters into such an agreement shall be deemed to have terminated all active membership in the supplemental retirement or pension plan of the city and to have waived any rights whatsoever to accrue additional benefits thereunder. Upon execution of any such agreement, the retirement plan commission is authorized to make the payments called for therein. A copy of such plan shall be kept on file in the city's personnel department, and it may be amended from time to time.
(d)
Effective November 1, 1987, all regular city employees, including city council members, who work at least twenty (20) hours per week shall be eligible to participate in a deferred compensation plan, whether or not they participate in the supplemental retirement or pension plan of the city or the defined contribution plans described in subsections (a) through (c) of this section. Such new plan shall enable employees to defer part of their compensation if they choose to do so to provide for their retirement. Participation in this new plan shall have no effect on eligibility for participation in the supplemental retirement or pension plan of the city or the defined contribution plans described in subsections (a) through (c) of this section. A copy of such plan shall be kept on file in the city's human resources department, and it may be amended from time to time.
(Code 1976, § 20-21.1; 10-16-00(1); 6-5-17(1))
(a)
Any member who is in service at his normal retirement date may retire then or at any time thereafter, provided he has completed five (5) or more years of creditable service, upon written notification to the commission made by the member or by his appointing authority setting forth at what date the retirement is to become effective. Such effective date shall be after the member's last day of service and shall not be more than ninety (90) days prior to the filing of such notification.
(b)
No member who is a police officer, fire fighter or sheriff's deputy shall be permitted to continue in service after his normal retirement date, unless the member's appointing authority, upon a determination that organizational needs so require, grants the member an exemption from such mandatory retirement requirements. Any such member who continues in service under such an exemption from the appointing authority, may be retired by that authority at any time thereafter. Such retirement shall be initiated by the appointing authority by notification to the commission setting forth at what date the retirement is to become effective. Such effective date shall be after the member's last day of service and shall not be more than ninety (90) days prior to the filing of such notification.
(c)
The commissioner of revenue, city treasurer, city sheriff, clerk of the circuit court and commonwealth's attorney may continue in service so long as they hold office.
(d)
The appointing authority of any member not listed in subsection (b) or (c) of this section, subsequent to the member's normal retirement date, upon a determination that age is a bona fide occupational qualification reasonably necessary to the normal operation of the city, and that such member has reached the age limit, or upon a determination that such member is incapable of performing his duties in a safe and efficient manner, may require the service retirement of such member upon written notification to the commission setting forth at what date the retirement is to become effective. Such effective date shall be after the member's last day of service and shall not be more than ninety (90) days prior to the filing of such notification. Notwithstanding the foregoing, if such member lacks five (5) years of creditable service, such member shall be discharged and shall be ineligible for a retirement allowance.
(e)
Any member who is in service and who has completed five (5) or more years of creditable service may retire at any time after the fifty-fifth (55th) birthday of the member or, in the case of a person who becomes a member after June 30, 2012 other than a police officer, firefighter, sheriff or sheriff's deputy, after the sixtieth (60th) birthday of the member, or at any time thereafter, upon written notification to the commission, made by the member, setting forth at what date the retirement to become effective. Such effective date shall be after the member's last day of service and shall not be more than ninety (90) days prior to the filing of such notification.
(f)
Any member who terminates service after completing five (5) or more years of creditable service may retire under the provisions of either subsection (a) or subsection (c) of this section; provided, that the requirement as to such member being in service shall not apply.
(g)
Any member who is in service and who has completed thirty (30) or more years of creditable service may retire at age fifty (50), or, in the case of a person who becomes a member after June 30, 2012, at age sixty (60), or at any time thereafter, upon written notification to the commission, made by the member, setting forth at what date the retirement is to be effective, without suffering the penalty imposed by section 19-96(d). Such effective date shall be after the member's last day of service and shall not be more than ninety (90) days prior to the filing of such notification.
(h)
Any member who is a police officer, firefighter, sheriff or sheriff's deputy, and has completed twenty-five (25) or more years in service may retire at age fifty (50), or at any time thereafter until the mandatory retirement date is reached, without suffering the penalty imposed by section 19-96(e).
(i)
Notwithstanding the forgoing, on or after January 1, 1989, the retirement allowance of a member who has terminated employment shall begin no later April 1 of the calendar year following the later of (i) the calendar year in which the member attains seventy and one-half (70½) years of age, or (ii) the calendar year in which the member terminates employment.
(j)
Upon attaining normal retirement age and completion of the required years of service, each employee's interest shall be fully vested.
(Code 1976, § 20-22; 8-15-94; 3-6-95; 6-5-00(1); 10-16-00(1); 5-5-03(2); 1-3-12; 6-5-17(1))
Editor's note— It should be noted that § 2 of Ord. No. 89-7-5, adopted April 3, 1989, provided that the ordinance become effective July 1, 1990. Section 1 of the ordinance amended and reordained § 20-22, in effect reciting paragraphs (a) through (d) as they existed prior to amendment and adding paragraph (e) as set forth above.
(a)
Any member who is in service and who falls within any one of the following eligibility categories at any time between August 1, 1993 and December 31, 1994, may elect to retire early under this section upon written notification to the commission; provided that such election is made no later than October 31, 1993:
(1)
Any member who is at least age fifty-two (52) with thirty (30) years or more of creditable service; or
(2)
Any member who is at least age fifty-five (55) with twenty-seven (27) years or more of creditable service; or
(3)
Any member who is at least age fifty-seven (57) with five (5) years or more of creditable service; or
(4)
Any police officer, firefighter, sheriff or sheriff's deputy who is at least age fifty-two (52) with five (5) years or more of creditable service; or
(5)
Any member who is eligible for normal or early retirement under the provisions of subsection (a), (e) or (g) of section 19-95.
(b)
For each year of prior service to be credited, the member must pay ten (10) percent of: (i) the member's present annual compensation or (ii) the member's average annual creditable compensation during the member's thirty-six (36) highest consecutive months of creditable service with the city, whichever is greater. For each year of prior service to be credited, members who are employed as the director of public safety, police officers, firefighters, sheriffs, or sheriff's deputies, must pay fifteen (15) percent of (i) the member's present annual compensation or (ii) the member's average annual creditable compensation during the member's thirty-six (36) highest consecutive months of creditable service with the city, whichever is greater.
(c)
The annual retirement allowance payable monthly to any member who elects to retire under this section shall be calculated pursuant the provisions of subsections (a) and (b) of section 19-96. In addition, any member under age sixty-two (62) who elects to retire under this section shall be paid a monthly supplement until age sixty-two (62), calculated at thirty-five (35) percent of the member's age sixty-five (65) estimated social security benefit. In lieu of such supplement, a police officer, firefighter, sheriff or sheriff's deputy shall receive the additional annual allowance as provided for under subsection (c) of section 19-96, if greater than such supplement. In no event shall a police officer, firefighter, sheriff or sheriff's deputy receive both the supplement under this section and the additional annual allowance under subsection (c) of section 19-96.
(d)
Retirement shall commence under this section on the first of the month following the month of application or the month when the member meets the eligibility requirements, whichever is later, unless the city manager approves a deferral. In no event shall retirement commence under the early retirement window after December 31, 1994. Notwithstanding the foregoing limitations, a retiree who is a constitutional officer and his or her chief deputy may serve to the end of that constitutional officer's elected term.
(e)
Average final compensation under this section shall mean the average annual creditable compensation of a member during the twelve (12) consecutive months of creditable service in which such compensation was at its greatest amount.
(5-20-91, § 1; 7-15-91; 7-19-93; 5-5-03(2))
(a)
Any member in service who has completed five (5) or more years of creditable service may purchase credit for service for all or part of the following:
(1)
Certified creditable service in the Virginia Retirement System or in the retirement system of another state or of a political subdivision in this or another state which is not considered in the calculation of a retirement benefit;
(2)
Time employed by the city under the CETA program;
(3)
Any period of full-time service rendered to the City of Charlottesville on a temporary or seasonal basis, provided that such period has not been previously included in the creditable service.
(4)
Active military service in the armed forces of the United States, provided that the member's discharge from the armed forces was not dishonorable.
(b)
For each year of prior service to be credited, the member must pay ten (10) percent of: (i) the member's present annual compensation or (ii) the member's average annual creditable compensation during the member's thirty-six (36) highest consecutive months of creditable service with the city, whichever is greater. For each year of prior service to be credited, members who are employed as police officers, firefighters, sheriffs, or sheriff's deputies, must pay fifteen (15) percent of (i) the member's present annual compensation or (ii) the member's average annual creditable compensation during the member's thirty-six (36) highest consecutive months of creditable service with the city, whichever is greater.
(c)
Service purchased under this section shall be included in the calculation of creditable service as defined in Section 19-91, but shall not be considered in determining eligibility for unreduced early retirement if the member's retirement is within five (5) years of the date of election to purchase prior service credit. This paragraph shall not apply to a member who elects to purchase prior service pursuant to this section and who makes such election within ninety (90) days of the enactment of this section, or within ninety (90) days of the date that the member completes five (5) years of creditable service with the city, whichever occurs later. No more than five (5) years of credit for prior service may be purchased by a member.
(d)
At the member's option, payment may be made either in a lump sum or by payroll deduction in equal installments over a period not to exceed the service credit being purchased. Should the deduction be terminated prior to purchasing the entire period which might otherwise be credited, the member shall be credited with the number of additional months of service for which payments are made. If the deduction is continued beyond the point at which the entire period has been purchased, the member shall be credited with no more than the entire period which might otherwise have been credited and the excess amount deducted shall be refunded to the member. Any purchase of prior service made within ninety (90) days of the member's effective date of retirement shall be made by a lump sum payment. Except for excess payments, no payments made hereunder shall be refundable.
(12-2-02(2))
(a)
In accordance with the provisions of Virginia Code sections 51.1-143.1 and 51.1-801.1, the city may enter into a reciprocal asset transfer and pension portability agreement with the Virginia Retirement System ("VRS"). The agreement shall allow any vested member of the VRS, upon becoming a member of the city's defined benefit retirement plan, to purchase creditable service in an amount determined by the city's retirement commission for service rendered under the VRS. The purchase shall be accomplished by and upon the transfer of assets to the city's retirement plan from the VRS as provided in the agreement.
(b)
A vested member of the city's defined benefit retirement plan who enters service in a covered position under the VRS may purchase creditable service in an amount determined by the VRS board of trustees for service rendered under the city's retirement plan. The purchase shall be accomplished by and upon the transfer of assets to the VRS by the city's retirement commission as provided in the agreement.
(c)
The city manager is authorized to execute the reciprocal asset transfer and pension portability agreement with VRS in a form approved by the city attorney.
(3-15-04(1))
(a)
Upon service retirement on or after July 1, 2000, a member with creditable service which commenced prior to July 1, 2000, shall receive an annual retirement allowance payable monthly to him for life commencing on the first day of the month coinciding with or next following his date of retirement, in an amount computed as the larger of (1) and (2) following:
(1)
The excess, if any, of 2% of such member's average final compensation multiplied by the number of years of his creditable service, over 2.5% of such member's annual primary social security benefit, multiplied by the number of years of his creditable service up to a maximum of twenty (20) years.
(2)
1.60% of such member's average final compensation multiplied by the total number of years of his creditable service.
(b)
Upon service retirement after July 1, 2000, a member whose employment commenced after June 30, 2000, shall receive an annual retirement allowance payable monthly to him for life commencing on the first day of the month coinciding with or next following his date of retirement, in an amount computed as follows:
(1)
1.60% of such member's average final compensation multiplied by the total number of years of his creditable service.
(c)
In addition to the retirement allowance to which a member is entitled under the provisions of subsections (a) and (b) of this section, a retired member who at the date of his retirement was in service as a police officer, firefighter, sheriff or sheriff's deputy and who has completed twenty (20) years or more of creditable service shall receive an additional annual allowance, payable monthly, during the period after the member's date of retirement and until his attainment of full retirement age, as in effect on July 1, 2005, for purposes of qualifying for unreduced social security benefits, equal to 1% of average final compensation multiplied by the number of years of his creditable service. In no event shall a police officer, firefighter, sheriff or sheriff's deputy receive both the supplement under this section and social security benefits. Effective for service retirements after June 30, 2017, the additional annual allowance shall be limited to a period of time that does not exceed seventeen (17) years prior to social security eligibility and effective for service retirements after June 30, 2020, this additional annual allowance shall be limited to the estimated unreduced primary social security benefit determined under section 19-97.
Notwithstanding the foregoing, a person who becomes a member after June 30, 2012, shall be entitled to this additional, supplemental annual allowance only if such person has completed at least twenty (20) years of creditable service in a position of a police officer, firefighter, sheriff or sheriff's deputy and such person shall not be entitled to a supplement for a period of time that exceeds seventeen (17) years prior to social security eligibility. This additional annual allowance shall be limited in the case of a person who becomes a member after June 30, 2012, to his estimated unreduced primary social security benefit determined under section 19-97.
(d)
The provisions of subsections (a) and (b) of this section to the contrary notwithstanding, if the retirement date of a member with less than thirty (30) years of creditable service precedes his normal retirement date, the retirement allowance amount as computed in accordance with subsections (a) and (b) of this section, as appropriate, shall be reduced by 0.5% for each complete month in the period between the member's retirement date and the earlier of his normal retirement date or the date on which the member would have completed thirty (30) years of creditable service had he remained an employee continuously until such date.
(e)
The provisions of subsections (a) and (b) of this section to the contrary notwithstanding, if the retirement date of a member who is a police officer, firefighter, or sheriff's deputy with less than twenty-five (25) years of creditable service precedes his normal retirement date, the retirement allowance amount as computed in accordance with subsections (a) and (b) of this section, as appropriate, shall be reduced by 0.5% for each complete month in the period between the member's retirement date and the earlier of his normal retirement date or the date on which the member would have completed twenty-five (25) years of creditable service had he remained an employee continuously until such date.
(Code 1976, § 20-23; 7-19-93; 8-15-94; 6-2-97; 6-5-00(1); 5-5-03(2) ; 9-19-05(1); 1-3-12; 6-5-17(1))
In determining the amounts of benefits due members under the plan, the commission or its designee shall calculate the primary social security benefit of each member according to the rules set forth in this section.
(1)
For members retiring before their normal retirement dates, such calculation shall be made at the actual retirement date with respect to the primary social security benefit expected to commence upon the member's attainment of full retirement age, as in effect on July 1, 2005, for purposes of qualifying for unreduced Social Security benefits.
(2)
For members retiring at or after their normal retirement dates, such calculation shall be made at the normal retirement date with respect to the primary social security benefit to commence or to have commenced upon the member's attainment of full retirement age, as in effect on July 1, 2005, for purposes of qualifying for unreduced Social Security benefits.
(3)
Each such calculation shall be based upon the federal social security laws and benefit schedules in effect on the January first preceding the date at which the calculation is made.
(4)
The primary social security benefit calculation shall be based on the member's actual social security wage credits as an employee and on the assumptions:
a.
That the member will have no social security wage credits after his date of retirement;
b.
That the member's wages for any calendar year in which less than a full year of service was accrued, or for any calendar year for which information as to the amount of the member's actual social security wage credits as an employee is not available to the commission from the city's records, were such that they were consistent with a year to year increase in wages at the annual rates indicated by the reciprocals of the yearly "Index Factors" published by the federal social security administration.
(5)
In the case of a member retiring under the provisions of section 19-95(f), such calculation shall be based on the further assumption that such member's creditable compensation had continued to his date of retirement at the same rate which was in effect at the time the member terminated service.
(6)
Once the primary social security benefit has been calculated it shall be used to make the final determination of the city benefit due the member. Once fixed, such determination shall not be altered or affected by later changes in the member's actual primary social security benefit due to changes in federal laws or benefit schedules. Neither shall any alteration in city benefits occur as a result of the failure of the member to qualify for, or loss of the member's social security benefits, whether through failure to apply, entry into covered employment or otherwise.
(7)
It shall be the duty of the member to furnish the commission or its designee any requested information necessary to make such calculation, including, where available, the amount of the member's actual primary social security benefit. If such information is not supplied when requested the commission shall make any reasonable assumption about it which the commission deems proper.
(Code 1976, § 20-24.1; 9-19-05(1))
(a)
For the purposes of any provision of this article, the retirement allowance of any member shall be determined on the assumption that the retirement allowance is payable to the member alone and that no optional retirement allowance is elected.
(b)
After a member has retired, and the amount of his retirement allowance has been determined under the provisions of this article, the amount of the member's retirement allowance shall be unaffected by any changes in the actual amount of the primary social security benefit to which the member is or becomes entitled under the federal Social Security Act.
(c)
Notwithstanding any other provisions of this article, the annual benefit under the supplemental retirement or pension plan of the city of any member and any related death or other benefit, shall, if necessary, be reduced to the extent required by Section 415(b) of the Internal Revenue Code of 1986, as amended, as adjusted by the Secretary of the Treasury pursuant to Section 415(d) of the Internal Revenue Code of 1986, as amended.
(d)
Notwithstanding any other provisions of this article, for plan years beginning before January 1, 2000, if a member participates in both the supplemental retirement or pension plan of the city and a qualified defined contribution plan maintained by the city, the annual benefits under the supplemental retirement or pension plan of the city and the annual additions to any qualified defined contribution plan maintained by the city shall not exceed the combined limit test described in Section 415(e) of the Internal Revenue Code of 1986, as amended. If necessary, the annual additions under the qualified defined contribution plan shall be reduced before benefits under supplemental retirement or pension plan of the city are reduced in order to comply with such combined limit test.
(e)
Notwithstanding any provision of this article to the contrary, benefits and service credit with respect to qualified military service will be provided in accordance with section 414(u) of the Internal Revenue Code of 1986, as amended.
(f)
To the extent required by Section 401(a)(37) of the Internal Revenue Code for purposes of determining a member's entitlement to a retirement allowance or death benefits under the Plan, in the event a member ceases to be an employee in order to perform qualified military service within the meaning of section 414(u) of the Internal Revenue Code and dies on or after January 1, 2007 while performing qualified military service, the member's death shall be considered to have occurred while the member was an employee so that his beneficiaries are entitled to any additional benefits provided under the Plan (other than benefit accruals relating to the period of qualified military service), including without limitation any additional or enhanced vesting or death benefits, had the member resumed employment with the employer and then terminated employment on account of death.
(Code 1976, § 20-25; 10-16-00(1); 6-5-17(1))
The commission may, from time to time, employ a physician or physicians, upon such terms and conditions as the commission may prescribe, who shall be known as the "medical examiners," and whose duty it shall be to conduct or approve all medical examinations required under the provisions of this article or by the commission. Such medical examiners shall when directed by the commission investigate all health or medical statements and certificates made by or in behalf of any person in connection with the payment of money or with a claim for the payment of money to such person under this article, and shall report in writing to the commission their joint conclusions and recommendations, or their individual conclusions and recommendations, upon all such matters referred to them.
(Code 1976, § 20-27)
(a)
Any member in service who has five (5) or more years creditable service may retire, or may be retired by his appointing authority, at any time prior to the member's normal retirement date on account of total and permanent disability upon written notification to the commission made by the member or by the appointing authority setting forth at which date the retirement is to become effective; provided, that such effective date shall be after the member's last day of service but shall not be more than ninety (90) days prior to the filing of such notification; provided, further, that the commission shall have determined that the member is, and has been continuously since such effective date if prior to the filing of such notification, totally and permanently disabled and thus incapacitated for the further performance of duty or the pursuit of any gainful occupation.
(b)
A candidate for disability retirement shall be considered to be totally and permanently disabled if:
(1)
As a result of an examination of the candidate by the medical examiners and/or by means of other satisfactory evidence the commission finds that the candidate is mentally or physically incapacitated from ever performing any work or occupation for gain or profit for which he is or reasonably can be fitted by education, training or experience; or
(2)
The commission has satisfactory evidence that the candidate is eligible for and is, or soon will be, receiving total and permanent disability benefits under the provisions of the federal Social Security Act.
(c)
The provisions of subsection (a) of this section to the contrary notwithstanding, the prerequisites for disability retirement that the member have five (5) or more years of creditable service and that his disability retirement date precede his normal retirement date shall not be applicable to any member who satisfies the other requirements of subsection (a) of this section and:
(1)
Whose disability is compensable under the Virginia Workers' Compensation Act (or would be so compensable except for the fact that the member is not considered an "employee" as defined by such act); or
(2)
Who is employed as a firefighter or police officer and whose disability is the result of respiratory disease, hypertension or heart disease, unless the medical examiners shall certify, on the basis of competent evidence, that such disability was not suffered in the line of duty.
(Code 1976, § 20-28)
Editor's note— Section 2 of an ordinance adopted August 17, 1981, amending sections 19-100 through 19-103, provides as follows:
"This ordinance shall apply totally to all plan members by whom or for whom disability retirement is sought after its effective date."
Section 3 of such ordinance provides as follows:
"All persons currently retired for disability under this plan, and all plan members by whom or for whom disability retirement is currently being sought or may be sought in the future will be subject to the annual review procedures established by this ordinance, and as a result of such review may be subject to cessation of a disability retirement allowance, conversion to a partial disability benefit, or cessation or adjustment of a partial disability benefit, as provided in this ordinance."
(a)
Upon retirement for total and permanent disability as provided in section 19-100(a) on or after July 1, 2000, a member with creditable service which commenced prior to July 1, 2000, shall receive an annual retirement allowance payable monthly to him during continued total disability, commencing on the first day of the month coinciding with or next following his date of retirement, in an amount computed as the larger of paragraphs (1) and (2) following:
(1)
The excess, if any, of two (2) percent of such member's average final compensation multiplied by the number of years of his disability-credited service, as defined in subsection (c) of this section, over two and one-half (2.5) percent of such member's annual primary social security benefit, multiplied by the number of years of his disability-credited service up to a maximum of twenty (20) years;
(2)
One and sixty hundredths (1.60) percent of such member's average final compensation, multiplied by the total number of years of his disability-credited service.
(b)
Upon retirement for total and permanent disability as provided in section 19-100(a) on or after July 1, 2000, a member with creditable service which commenced after July 1, 2000, shall receive an annual retirement allowance payable monthly to him during continued total disability, commencing on the first day of the month coinciding with or next following his date of retirement, in an amount computed as follows:
(1)
One and sixty hundredths (1.60) percent of such member's average final compensation multiplied by the total number of years of disability-credited service.
(c)
As used in subsections (a) and (b) of this section with respect to any member who retires for disability on or after age sixty (60), disability-credited service means such member's creditable service. With respect to any member who retires for disability prior to age sixty (60), disability-credited service means the smaller of paragraphs (1) and (2) following:
(1)
Twice such member's years of creditable service;
(2)
The number of years of creditable service such member would have completed at age sixty (60), had he remained in service to such age.
(d)
Upon retirement for disability as provided in section 19-100(c), a member shall receive an annual retirement allowance payable monthly to him during continued total disability, commencing on the first day of the month coinciding with or next following his date of retirement, in an amount which, when added to one-half of the social security disability benefit to which the member may become entitled under the federal Social Security Act in effect at his disability retirement date, would equal two-thirds of his average final compensation, provided such allowance shall not be less than the amount he would have received under subsections (a) and (b) of this section had the length of service requirement of section 19-100(a) been waived and had the member retired for disability thereunder.
(e)
Any allowance payable to a member under this section shall be reduced by the amount of any weekly payments to which such member is entitled under section 65.2-500 of the Virginia Workers' Compensation Act. That reduction shall not be affected by a compromise or settlement of the workers' compensation claim. The excess of such allowance over such statutory worker's compensation payments, if any, shall be paid to such member. When the time for payment of compensation under such act shall have elapsed, the member shall thereafter receive the full amount of the allowance provided by this section monthly during continued total disability.
(Code 1976, § 20-29; 12-21-92; 6-2-97; 6-5-00(1))
(a)
If the commission, as a result of a medical examination or otherwise, determines that a candidate for disability retirement is not totally and permanently disabled within the meaning of section 19-100(b), but that the candidate is partially disabled to the extent that he is incapacitated from performing the usual and customary duties of his position with the city and that his earnings capacity has been reduced by such partial disability, the candidate shall be awarded an annual partial disability benefit. Such benefit shall not be deemed to be a disability retirement allowance. The commission, based on the best reasonably available medical, financial and other relevant evidence, shall determine the extent, expressed as a percentage, to which the candidate's earning capacity has been reduced as a result of the partial disability which led to his candidacy for disability retirement. Such annual benefit shall be payable monthly to the candidate, commencing on the first day of the month coinciding with or next following his voluntary or involuntary separation from service or transfer to a less remunerative position in city service due to the partial disability, and continuing until the earliest of his death, retirement under the plan for service or disability or attainment of age sixty-five (65) subject to adjustment under section 19-103, so long as the beneficiary remains partially disabled. The amount of each such monthly payment shall be a percentage of the disability retirement allowance to which the beneficiary would have been entitled had he been determined by the commission to be totally and permanently disabled, such percentage to be equal to the percentage of his lost capacity in relation to his former capacity as determined by the commission.
(b)
Any partial disability benefit payable under subsection (a) of this section shall be reduced by the amount of any payments made for the same period to such member as required by the Virginia Workers' Compensation Act, and the excess of such benefit over such required payments, if any, shall be paid to such member. When the time for payment of compensation under such Act shall have elapsed, the member shall thereafter receive the full amount of the benefit provided by subsection (a) of this section, subject to adjustment under section 19-103, during continued partial disability.
(Code 1976, § 20-29.1)
(a)
Effective January 1, 2003 the city may provide for long term disability insurance coverage for employees, as defined in section 19-91. Eligibility for the receipt of long term disability insurance benefits, and the terms and conditions of such benefits, shall be established by contract between the city and a third party insurer.
(b)
No employee shall be eligible for an award of retirement benefits for total and permanent disability pursuant to section 19-101 or partial disability benefits pursuant to section 19-102 for any period of time during which the employee is receiving, or is qualified to receive, long term disability insurance benefits pursuant to this section.
(c)
Any employee who is receiving, or is qualified to receive, long term disability insurance benefits pursuant to this section shall continue to accrue creditable service for purposes of determining eligibility for retirement and, if applicable, the amount of any retirement benefit. Accrual of creditable service pursuant to this section shall terminate on the employee's normal retirement date.
(12-16-02)
(a)
The commission may require any beneficiary of a disability retirement allowance under the plan or of a partial disability benefit to undergo a medical examination by the medical examiners once each year prior to the date on which the beneficiary attains his normal retirement date. Should such a beneficiary refuse to submit to any such medical examination, his retirement allowance or partial disability benefit shall be discontinued during the continuation of such refusal, and should such refusal continue for one (1) year, all of the beneficiary's rights to any further disability retirement allowance or partial disability benefit shall cease.
(b)
Whenever, as a result of an examination of a beneficiary of a disability retirement allowance as provided for in subsection (a) of this section, the medical examiners certify to the commission that such beneficiary is no longer totally and permanently disabled, or if any such beneficiary should be again in service in his former position or any other position with the city at any time prior to his normal retirement date, the disability retirement allowance of such beneficiary shall cease and he shall again become a member of the plan. Any creditable service rendered by the member prior to the date of disability shall thereafter be counted as creditable service and, in addition, the period of disability retirement shall be counted as creditable service.
(c)
Whenever a disability retirement allowance is terminated under subsection (b) of this section but the commission determines that the beneficiary remains partially disabled to the extent that he is still incapable of performing the usual and customary duties of his former position with the city and that his earnings capacity has been reduced by such partial disability, such beneficiary shall be awarded a partial disability benefit in place of the terminated disability allowance. Such partial disability benefit shall be governed in every respect by section 19-102, as though it had been awarded initially in lieu of a disability retirement allowance and shall commence immediately upon termination of the retirement allowance.
(d)
Whenever, as a result of an examination of a beneficiary of a partial disability benefit as provided in subsection (a) of this section, the medical examiners certify to the commission that there has been a significant improvement in the beneficiary's medical condition or a significant deterioration related to the same disability for which the disability retirement allowance or partial disability benefit was initially awarded, and the commission determines that the earnings capacity of the beneficiary has changed, the commission shall increase, decrease or terminate such beneficiary's partial disability benefit, as appropriate.
(e)
Notwithstanding anything to the contrary in sections 19-100, 19-101, 19-102 or this section of this Code, the commission's decision to grant, deny or terminate a disability retirement allowance, or to grant, deny, terminate, increase or decrease a partial disability benefit need never be based solely on reports of the medical examiners. The commission may also consider reports of vocational rehabilitation counselors, financial evidence, the testimony of lay and expert witnesses, whether the candidate or beneficiary is receiving disability benefits under the Virginia Workers' Compensation Act and any other relevant evidence. The commission may require the beneficiary to submit at annual intervals a report on his personal efforts toward rehabilitation, along with a written statement attesting to the fact that there has been no change in his condition which could result in any adjustment to or cessation of his disability retirement allowance or partial disability benefit, or describing any such change which the beneficiary believes has taken place. The commission may also require the beneficiary to submit a copy of his personal and/or business federal income tax return for the preceding year or a sworn statement listing all of his income from employment or working, including self-employment, during such year. Notwithstanding such annual reporting as may be required by the commission, it shall be the duty of any beneficiary of a disability retirement allowance or a partial disability benefit to notify the commission within thirty (30) days of any material change in his medical condition or of any gainful occupation or work in which he becomes engaged. Failure of the beneficiary to furnish the information required by the commission under this subsection in a timely manner or failure of the beneficiary to cooperate with vocational rehabilitation counselors in order to derive maximum benefit from rehabilitation services offered at employer expense, shall constitute grounds for the commission to deny or order cessation of the disability retirement allowance or to deny or order a reduction or cessation of the partial disability benefit to such beneficiary.
(Code 1976, § 20-30)
(a)
Each member shall have the right at any time, not after the later of the effective date of the member's retirement or the date of the written notification to the commission of the retirement of the member, to elect to have his retirement allowance, other than any portion of such allowance that is payable under the provisions of section 19-96(c), payable under one (1) of the options set forth in subsections (b) and (c) of this section, in lieu of the retirement allowance otherwise payable to him upon retirement. The amount of any such optional retirement allowance shall be the actuarial equivalent of the amount of such retirement allowance otherwise payable to the member. The member shall make such an election by written notice to the commission.
(b)
A member may elect to receive a decreased retirement allowance during his lifetime and have such retirement allowance, or a designated fraction thereof, continued after his death to one (1) other person, called a contingent beneficiary, during the lifetime of such contingent beneficiary; provided, however, that the actuarially computed present value of the payments expected to be made to the retired member must be at least one-half (½) of the actuarially computed present value of the combined total payments expected to be made to the retired member and the contingent beneficiary. In the case of a member who retires for disability under the provisions of section 19-100, the election of this option shall not become effective, and need not be made, until he attains the date that would have been his normal retirement date had he remained in service until then.
(c)
A member who retires for early service retirement under the provisions of section 19-95(e) may elect to receive an increased retirement allowance up to the date his primary social security benefit is expected to commence, and a decreased retirement allowance thereafter, thereby providing a more nearly level retirement allowance when such decreased retirement allowance is added to his anticipated primary benefits under the federal Social Security Act.
(d)
The election by a member of any one (1) of the options provided in subsections (b) and (c) of this section shall be null and void if the member dies prior to retirement, or prior to the date the option becomes effective, and the election by a member of the option provided in subsection (b) of this section shall be null and void if the designated contingent beneficiary dies before the member's retirement or before the date the option becomes effective.
(e)
A member who has elected any one (1) of the options provided in subsections (b) and (c) of this section may, at any time prior to the later of the effective date of the member's retirement or the date the option becomes effective revoke such an election by written notification to the commission. The election of any one (1) of such options shall automatically revoke any previous election then in effect.
(f)
The commission may, in its discretion, if the amount of any retirement allowance which would be payable on an optional basis elected pursuant to this section be less than twenty dollars ($20.00) per month, decline to permit election of such option.
(g)
Effective January 1, 1993, notwithstanding anything to the contrary in this article, but subject to any de minimis or other exceptions or limitations provided for under Section 401(a)(31) of the Internal Revenue Code of 1986, as amended, any prospective recipient (whether a member, a surviving spouse, a current or former spouse who is an alternate payee under a qualified domestic relations order or any other person eligible to make a rollover) of a distribution from the plan which constitutes an "eligible rollover distribution" (to the extent otherwise includible in the recipient's gross income) may direct the commission to pay the distribution directly to an "eligible retirement plan". For purposes hereof, the following terms have the meanings assigned to them in Section 401(a)(31) of the Internal Revenue Code of 1986, as amended, and, to the extent not inconsistent therewith, shall have the following meanings:
(i)
The term "eligible retirement plan" means a defined contribution plan which is either an individual retirement account described in Section 408(a) of the Internal Revenue Code of 1986, as amended, an individual retirement annuity described in Section 408(b) of the Internal Revenue Code of 1986, as amended (other than an endowment contract), an annuity plan described in Section 403(a) of the Internal Revenue Code of 1986, as amended, or a qualified trust described in Section 401(a) of the Internal Revenue Code of 1986, as amended, that accepts the prospective recipient's eligible rollover distribution. For distributions made before January 1, 2002, for eligible rollover distribution payable to a member's surviving spouse, an "eligible retirement plan" means only an individual retirement account or individual retirement annuity. Effective for distributions made after December 31, 2001, an eligible retirement plan shall also mean an annuity contract described in section 403(b) of the Internal Revenue Code of 1986, as amended, and an eligible plan under section 457(b) of the Internal Revenue Code of 1986, as amended, which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and which agrees to account separately for amounts transferred into such plan from this plan. Effective for distributions made after December 31, 2001, the definition of eligible retirement plan applicable to a participant shall also apply for a distribution to a participant's surviving spouse and to a participant's spouse or former spouse who is the alternate payee under a domestic relations order accepted by the system. Effective for distributions made after December 31, 2007, an "eligible retirement plan" includes an individual retirement plan described in section 408A of the Internal Revenue Code of 1986, as amended (sometimes referred to as a Roth IRA) provided that for tax years beginning before January 1, 2010, the recipient does not have modified adjusted gross income in excess of one hundred thousand dollars ($100,000.00) and is not married filing a separate return, both as determined under Section 408A(c)(3)(B) of the Internal Revenue Code of 1986, as amended. For distributions made in Plan Years beginning on or after January 1, 2010, in the case of an eligible rollover distribution payable to a non-spouse designated Beneficiary within the meaning of Section 401(a)(9)(E) of the Internal Revenue Code of 1986, as amended, an "eligible retirement plan" means only an "inherited IRA".
(ii)
The term "eligible rollover distribution" means any distribution other than:
(A)
A distribution which is one (1) of a series of substantially equal periodic payments (not less frequently than annually) made either for the life (or life expectancy) of the recipient or the joint lives (or joint life expectancies) of the recipient and his beneficiary who is an individual or for a specified period of ten (10) or more years,
(B)
A distribution to the extent it is required under the minimum distribution requirement of Section 401(a)(9) of the Internal Revenue Code of 1986, as amended, or
(C)
Any other amount which is not considered an eligible rollover distribution for purposes of Section 402(c)(4) of the Internal Revenue Code of 1986, as amended, with respect to the Plan.
(iii)
The term "inherited IRA" means an individual retirement account described in Section 408(a) of the Internal Revenue Code of 1986, as amended, an individual retirement annuity described in Section 408(b) of the Internal Revenue Code of 1986, as amended (other than an endowment contract) or, for Plan Years beginning in or after 2010, an individual retirement plan described in section 408A of the Internal Revenue Code of 1986, as amended (sometimes referred to as a Roth IRA) established for the purpose of receiving the distribution where the individual retirement account or annuity or Roth IRA is treated as an inherited individual retirement account or annuity within the meaning of Section 408(d)(3)(C) or, as applicable, Section 409A(d)(3)(B) of the Internal Revenue Code of 1986, as amended.
Any such direction shall be filed with the commission in such form and at such time as the commission may require and shall adequately specify the eligible retirement plan to which the payment shall be made. The commission shall make payment as directed only if the proposed transferee plan will accept the payment. Any such plan to plan transfer shall be considered a distribution option under this plan and shall be subject to all the usual distribution rules of this plan (including but not limited to the requirement an advance explanation of the option). The commission is authorized in its discretion, applied on a uniform and non-discriminatory basis, to apply any discretionary de minimis or other discretionary exceptions or limitations provided for under Section 401(a)(31) of the Internal Revenue Code of 1986, as amended, in effecting or declining to effect plan to plan transfers hereunder. Within a reasonable time (generally not more than ninety (90) nor less than thirty (30) days) before the benefit payment date of a prospective recipient of an eligible rollover distribution from the plan, the commission shall provide the prospective recipient with a written explanation of the rollover and tax rules required by Section 402(f) of the Internal Revenue Code of 1986, as amended. In the event of a mandatory distribution greater than one thousand dollars ($1,000.00), if the member does not elect to have such distribution paid directly to an eligible retirement plan specified by the member in a direct rollover or to receive the distribution directly in accordance with this section, then the member will pay the distribution in a direct rollover to an individual retirement plan designated by the plan administrator. The commission will select the individual retirement plan in accordance with the safe harbor provisions established under VA Code Section 51.1-803.C., and such provisions shall be interpreted and administered in accordance therewith. This mandatory rollover requirement does not apply to a lump sum payment made to a surviving spouse or former spouse who is an alternate payee under a domestic relations order accepted by the system.
(h)
Should the member die while receiving a retirement allowance under a form of payment with no contingent beneficiary, any excess accumulated contributions as of the effective date of the member's retirement, over the total retirement allowance previously received by him shall be paid to the member's estate.
(i)
Should the contingent beneficiary of a member die while receiving a retirement allowance under a form of payment with a contingent beneficiary, any excess accumulated contributions as of the effective date of the member's retirement, over the total retirement allowance previously received by the member and the contingent beneficiary shall be paid to the contingent beneficiary's estate.
(Code 1976, § 20-31; 6-2-97; 10-16-00(1); 1-17-06(1); 1-3-12; 6-5-17(1))
(a)
Any member who has five (5) or more years of creditable service, who ceases to be a member other than by death or retirement may request and receive a refund of the balance in the member's contribution account reduced by the amount of any retirement allowance previously received by him under the provisions of this article.
(b)
Any person who becomes a member hired after June 30, 2012 who has less than five (5) years of creditable service who ceases to be an employee other than by death shall be paid the balance in the member's contribution account in a mandatory cash-out as soon as administratively practical following his ceasing to be employed by the city or any other employer adopting the plan.
(c)
Upon receipt of a refund of the balance in the member's contribution account, pursuant to (a) and (b) herein:
(1)
Any person who becomes a member hired after June 30, 2012 shall cease to be a member and shall not be entitled to any future benefits. If the person again becomes a member, no creditable service attributable to the refund shall be counted in determining the benefit to be accrued following rehire; and
(2)
Each member, except a person who becomes a member after July 1, 2012 as defined in section 19-91, shall not be entitled to any benefit attributable to creditable service or increases in average final compensation after June 30, 2017.
(1-3-12; 6-5-17(1))
(a)
Should a member hired after June 30, 2012 die in service before completing at least five (5) years of creditable service, the member's beneficiary shall receive a refund of the balance in the member's contribution account.
(b)
Should a member die in service at any time before retirement and after either becoming eligible for early service retirement under section 19-95(e), or completing at least thirty (30) years of creditable service, the member's surviving spouse if any, shall receive a retirement allowance payable monthly for the life of such spouse. Such allowance shall be in the same amount and shall commence at the same date as the retirement allowance that would have been payable to the member, computed in accordance with section 19-96, subsections (a) and (b), whichever is applicable, had the member survived and retired on the first day of the month coinciding with or next following the date on which his death occurred after having elected an allowance paid under the full joint and last survivor option provided for in section 19-104(b), with his surviving spouse designated as contingent beneficiary. In the case of a member who had not become eligible for early service retirement at his date of death, it shall be assumed that the requirements of section 19-95(e) were such that he would have been eligible for early service retirement and that the retirement allowance payable in such event would be reduced by ½% for each complete month in the period between the member's date of death and a date five (5) years prior to his normal retirement date.
(c)
Should a member die in service at any time after July 1, 2000 and after completing five (5) years of creditable service and before either becoming eligible for early service retirement under section 19-95(e), or completing at least thirty (30) years of creditable service, the member's surviving spouse, if any, shall receive a retirement allowance payable monthly for the life of such spouse. Such allowance shall commence at the same date as the retirement allowance that would have been payable to the member, computed in accordance with section 19-96, subsection (b), had the member survived and retired on the first day of the month coinciding with or next following the date on which the member's death occurred after having elected an allowance paid under the one-half (½) joint and survivor option provided for in section 19-104(b), with the surviving spouse designated as contingent beneficiary.
(d)
Any allowance payable to the member's surviving spouse under this section shall be reduced by the amount of any payments made to such member's surviving spouse as required by the Virginia Workers' Compensation Act, and the excess of such allowance over such required payments, if any, shall be paid to the member's surviving spouse. When the time for payment of compensation under such act shall have elapsed, the member's surviving spouse shall thereafter receive the full amount of the allowance, as provided by subsections (a) and (b) of this section, monthly during such spouse's lifetime.
(e)
For any member hired after June 30, 2012, whose surviving spouse receiving an allowance payable under the provisions set forth above dies, any excess balance in the member's contribution account as of the date of the member's death, over the total survivor allowance paid to the member or surviving spouse shall be paid to the spouse's estate.
(Code 1976, § 20-32; 6-2-97; 6-5-00(1); 1-3-12)
(a)
Upon retirement after July 1, 2000, an employee shall be eligible for life insurance in the amount of his or her basic life insurance provided by the city at his or her date of retirement. Effective the first of each month thereafter, the benefit amount of life insurance shall be reduced by 2% until it reaches one-half (½) of the amount at time of retirement. However, in the case of a person who becomes a member after June 30, 2012, such person shall be eligible for such life insurance only if the employee has at least ten (10) years of creditable service. Further, the benefit amount of such person's life insurance upon retirement shall be reduced effective the first of each month thereafter by 3% until it reaches one-half (½) the amount of their final salary as of the date of retirement.
(b)
Every employee initially employed by the city on or after January 1, 1978 who has retired, is receiving a benefit as of July 1, 2000, and was covered by the city's group life insurance program at the time of retirement, shall no longer be eligible for a post-retirement lump sum benefit from the retirement fund but shall be eligible for life insurance as set forth in subsection (a).
(Code 1976, § 20-32.1; 12-21-92; 6-5-00(1); 1-3-12; 7-1-13)
(a)
In addition to the monthly allowances payable under sections 19-96, 19-101, 19-104, 19-105 and 19-152 post retirement supplements shall be payable in accordance with the provisions of this section to the recipients of such allowances. Such supplements shall be subject to the same conditions of payment as are such allowances. Notwithstanding the foregoing, in the case of monthly allowances that begin after June 30, 2017, post retirement supplements shall be payable pursuant to the provisions hereof only if the member is credited with at least fifteen (15) years of credible service and the monthly allowance begins immediately following termination of employment in the case of a service retirement or upon the cessation of disability benefits.
(b)
The amounts of the post retirement supplements provided for hereunder shall be determined as percentages of the allowances then being paid, including any applicable previous supplements.
(c)
Amounts of post retirement supplements shall be determined initially as of July 1, 1976, and subsequently as of any July 1 as of which the city council shall have determined a further adjustment to be needed, provided an amount sufficient to pay the cost of any necessary increase in the amount of the post retirement supplements being paid shall have been appropriated. No change in the amount of any post retirement supplement shall be effected between determination dates except as necessary to reflect changes in the amount of the allowance being supplemented, to the end that any post retirement supplement shall remain a constant percentage of the respective allowance being supplemented, nor shall any new post retirement supplement be commenced except as of a determination date. The post retirement supplement determined shall become effective as of the payment date next following such determination date for members who have retired on or before the determination date, except that, in the case of monthly allowances that begin after June 30, 2017, the post retirement supplement shall not be effective earlier than the first anniversary of the payment commencement date.
(d)
The city council shall make an annual review of the post retirement supplements being paid in accordance with this section and shall determine whether or not the following July 1 shall be a determination date as of which the amounts of such supplements shall be recomputed.
(Code 1976, § 20-33; 9-19-05(2); 6-5-17(1))
No former member who has retired and is, on December 31, 1983, receiving a service retirement allowance pursuant to the provisions of the plan as in effect on such date, shall receive after that date a smaller retirement allowance due to the change in the benefit formula in section 19-96 which shall become effective January 1, 1984.
(Code 1976, § 20-34)
Any beneficiary may, by a waiver signed by such beneficiary and filed with the commission and approved by it, decline to accept any part or all of the benefits to which he is entitled under this article. Such waiver may be revoked at any time by a written revocation filed with the commission, but no payment of the waived benefits shall be made covering the period during which such waiver was in effect. Any such waiver or revocation of waiver shall become effective on the first day of the month following the date of the meeting of the commission at which such waiver or revocation of waiver is approved.
(Code 1976, § 20-35)
(a)
Should any change or error in records result in any member or beneficiary receiving from the plan more or less than he would have been entitled to receive had the records been correct, then on discovery of such error the commission shall correct it, and as far as practicable, shall adjust the payments in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid.
(b)
Except as otherwise provided herein and in section 19-103, the fact that a former member is employed after retirement will not affect the payment of the benefits to which he or she is entitled under the provisions of this article. However, should a former member be again employed by the city full-time or part-time at any time subsequent to retirement under Article IV of Chapter 19 of this Code so that he actually works in excess of one thousand (1,000) hours in any calendar year, his retirement allowance shall thereupon cease; he shall resume the status of a member of the plan, and his previous period of creditable service shall be reestablished. Any benefits which may become payable thereafter under any of the provisions of this article upon subsequent retirement or death shall be computed in accordance with the applicable provisions of this article as if the previous retirement had not occurred based on the total of his creditable service before and, if applicable, after his period of retirement.
(Code 1976, § 20-36; 12-20-93)
(a)
The city council reserves the right to alter, amend or repeal any provision of this article or any application thereof to any person; provided, however, that the amount of benefits which at the time of any alteration, amendment or repeal shall have accrued for the members or beneficiaries shall not be affected thereby, except as otherwise provided under subsection (c) of this section.
(b)
If the city council repeals the provisions of this article, the commission shall continue to administer the plan in accordance with the provisions of this article for the sole benefit of the then members, any beneficiaries then receiving retirement allowances and any person, entitled to receive benefits in the future under one (1) of the options provided for in this article, who is designated by any of such members.
(c)
In the event of repeal as provided in subsection (b) of this section, if the plan is not to be replaced by another retirement program, the assets of the retirement fund shall be allocated by the commission in an equitable manner to provide benefits for the persons designated in subsection (b) of this section in accordance with the provisions of this article, and in the following order:
(1)
For the benefit of the beneficiaries and persons already designated by former members who are then beneficiaries under one (1) of the options provided for in this article to the extent of the then actuarial value of their retirement allowances. If any funds remain; then,
(2)
For the benefit of members and persons, if any, designated by the members under one (1) of the options provided for in this article, to the extent not provided under paragraph (1) above, of the then actuarial value of their accrued retirement allowances, based on years of creditable service, average final compensation and anticipated social security benefits as of the date of repeal. The allocation under paragraph (2) shall be on the basis of the oldest ages first method.
In the event the assets at such date of repeal are insufficient to provide all of the benefits of paragraph (1) above, then the city shall contribute to the assets from time to time, as and when required, the amount necessary to make up such insufficiency.
(d)
The allocation of assets of the retirement fund provided for in subsection (c) of this section shall be carried out through payment by the commission of the benefits provided for in this section as they become due. Any funds remaining in the retirement fund after all of the vested benefits provided by this section have been paid shall revert to the city.
(e)
Any allocation of assets made in accordance with the provisions of subsection (c) of this section shall be final and binding on all persons entitled to benefits under such provisions.
(f)
In the event of repeal as provided in subsection (b) of this section, if the plan is to be replaced by another retirement program, the assets of the retirement fund shall be transferred to such other program.
(g)
In the event of repeal, or termination or complete discontinuance of contributions under the plan, the rights of all employees to benefits accrued to the date of such repeal, termination or discontinuance, to the extent then funded, or the amounts then credited to the employees' accounts, shall be non-forfeitable.
(Code 1976, § 20-37; 6-5-17(1))
Any other provision of this article to the contrary notwithstanding, the membership of the plan shall include those employees of the Charlottesville-Albemarle Regional Jail Board who were employees of the city prior to November 1, 1974, and whose employment was transferred to such board on or about that date. For such employees, their service for the Charlottesville-Albemarle Regional Jail Board and their compensation received from such board shall be treated as creditable service and creditable compensation respectively, to the same extent as if they had remained employees of the city during their respective periods of employment with the Charlottesville-Albemarle Regional Jail Board, and they shall be entitled to benefits under the provisions of this article to the same extent as other members, with the following exceptions:
(1)
Item (1) in section 19-96(a) and item (1) in section 19-101(a) shall each be considered to be zero;
(2)
No benefits shall be payable in the event of retirement pursuant to section 19-100(c) nor shall any benefits be payable under the provisions of section 19-101; and
(3)
The amount of any other benefit payable under the provisions of this article shall be determined as the product of a. multiplied by b. following:
a.
The amount of the benefit determined in accordance with the applicable provisions of this article, multiplied by
b.
The ratio that the member's period of creditable service rendered as a city employee bears to his total period of creditable service with the city and the Charlottesville-Albemarle Regional Jail Board.
(Code 1976, § 20-38)
Cross reference— Regional jail board, § 2-366 et seq.
City employees who work at least twenty (20) hours per week, other than temporary or seasonal employees, are eligible to participate in the city's group insurance plan for health care coverage.
(Code 1976, § 20-39(a); 10-16-00(1))
Full-time eligible employees are eligible to receive basic health care coverage at city expense, but the city reserves the right to offer extra coverage at employee expense.
(1)
Eligible employees who work thirty (30) to thirty-nine (39) hours per week are eligible to receive basic health care coverage if they pay twenty-five (25) percent of the cost; the city will pay the remainder.
(2)
Eligible employees who work twenty (20) to twenty-nine (29) hours per week are eligible to receive basic health care coverage if they pay fifty (50) percent of the cost; the city will pay the remainder.
(Code 1976, § 20-39(b); 10-16-00(1))
Those employees eligible for health care coverage are also eligible to enroll family members in the plan at employee expense and subject to certain age, residence and other restrictions which may vary from time to time.
(Code 1976, § 20-39(c))
(a)
Effective January 1, 1985 city contributions to the expense of any employee's health care coverage shall cease as of the last day of the month during which any such employee leaves city service without retiring either for service or disability, even if such employee may be a vested member of the city's supplemental retirement or pension plan and eligible to retire under such plan in the future. However, coverage may continue during the period that coverage is required to be available on a continuation basis pursuant to the Public Health Services Act, if the former employee or other qualified beneficiary pays 100% of the cost plus a 2% administrative fee, if charged by the city.
(b)
All employees eligible for city health care coverage on December 2, 2002 who continue to work for the city until they retire for service or disability, shall remain eligible in retirement for city health care coverage on the same terms and conditions as active employees who are eligible for coverage, but the city reserves the right to amend the plan from time to time as it deems appropriate.
(c)
Any city employee who (i) retires for service or disability on or before December 2, 2002 and (ii) who, immediately prior to their effective date of retirement, was eligible for city health care coverage, shall remain eligible in retirement for city health care coverage on the same terms and conditions as active employees who are eligible for coverage.
(d)
Employees who begin city employment on or after December 3, 2002 but before June 30, 2012, shall be eligible to continue in the city's health care plan following retirement for service or disability upon payment of a portion of the cost of such membership. Each year the city will determine the amount of its contribution to the premium costs of health care coverage for individual employees. For employees who retire with five (5) years of service and elect to continue in the city's health care plan after retirement, the city will pay 20% of the annual contribution amount. For employees who retire with more than five (5) years of service, the city will pay an additional 4% of the annual contribution amount for each additional full year of service completed as of the effective date of retirement up to a maximum of 100% of the annual contribution amount.
The retiree will be required to pay the remaining percentage of the city's annual contribution and the additional premium or cost, if any, of the health care plan selected as a condition of membership in the plan.
(e)
Employees who begin city employment after June 30, 2012 shall be eligible to continue in the city's health care plan following retirement for service or disability until such employee becomes eligible to elect Medicare, upon payment of a portion of the cost of such membership. Each year the city will determine the amount of its contribution to the premium costs of health care coverage for individual employees. For employees who retire with ten (10) years of service and elect to continue in the city's health care plan after retirement, the city will pay 40% of the annual contribution amount. For employees who retire with more than ten (10) years of service, the city will pay an additional 4% of the annual contribution amount for each additional full year of service completed as of the effective date of retirement up to a maximum of 100% of the annual contribution amount.
The retiree will be required to pay the remaining percentage of the city's annual contribution and the additional premium or cost, if any, of the health care plan selected as a condition of membership in the plan.
(f)
Notwithstanding the foregoing, employees who elect pursuant to subsection 19-94(c) of Article IV of this chapter to participate in the optional defined contribution plan adopted pursuant to that subsection, shall be eligible to enroll, at the retiree's expense, in the health care coverage offered through the city following retirement under such plan.
(g)
(1)
An employee enrolled in the health care plan who retires for service or disability prior to July 1, 2013 may elect to enroll a family member in the plan at the retiree's sole expense, provided such election is made prior to the date of retirement. For employees retired on or before July 1, 2010, such election shall be made on or before July 1, 2010.
(2)
Effective July 1, 2013, an employee enrolled in the health care plan who retires for service or disability may elect to continue the enrollment of a family member in the plan at the retiree's sole expense, provided (i) such election to continue enrollment of the family member is made prior to the date of retirement; and (ii) the family member has been enrolled in the health care plan for no less than thirty-six (36) consecutive months immediately prior to the employee's retirement date.
(3)
Any spouse or other family member who is enrolled in the city's health care plan at the time of the retiree's death may continue as a member of the plan upon payment of the applicable premium.
(h)
Notwithstanding the foregoing, enrollment of a retiree's family members is subject to certain restrictions that may vary from time to time, and the city reserves the right to amend its health care coverage plan from time to time as the city in its discretion deems appropriate.
(Code 1976, § 20-40; 6-2-97; 3-2-98; 10-16-00(1); 12-2-02(2); 3-1-10(2); 1-3-12)
(a)
The group insurance plan for health care coverage will be monitored and reviewed by the department of human resources and other city staff on a regular and frequent basis with a view toward recommendations for change which may increase its appropriateness in serving employee and employer needs and its cost-effectiveness. Changes may be implemented from time to time by the city manager, as deemed appropriate.
(b)
The city reserves the right to amend the plan from time to time as it deems appropriate, changing coverages, deductibles, payment schedules, eligibility waiting periods and other incidents of the plan, which changes may increase or decrease the value of the benefit to individual employees.
(Code 1976, §§ 20-39(a), 20-41)
(a)
Pursuant to Virginia Code § 15.2-1544, there is hereby established a trust fund for the purpose of accumulating and investing assets to fund post-employment benefits other than pensions, as defined herein. Deposits to the trust shall be irrevocable, and shall be dedicated to providing benefits to retirees and their beneficiaries in accordance with the terms of the city's plans or programs providing post-employment benefits other than pensions.
(b)
City council may make appropriations to the trust fund established herein, and may require active and former employees covered by the city's post-employment benefit plans or programs to contribute to the trust fund through payments or deductions from their wages, salaries or pensions.
(Ord. of 7-2-07(3), eff. 7-7-07)
(a)
Nothing herein shall be construed as precluding the city council from revising or discontinuing, as it may deem necessary, the city's existing plans or programs providing post-employment benefits other than pensions, or from transferring any assets held in the trust established herein to any other trust, trusts, or equivalent arrangement established pursuant to Virginia Code § 15.2-1544; provided, however, that any amendment, suspension or revocation of any city plan or program providing post-employment benefits other than pensions or transfer of trust assets shall not have the effect of diverting the assets of the trust to purposes other than the exclusive benefit of the active or former employees or their dependents or beneficiaries entitled to such post-employment benefits.
(b)
In the event that the city council terminates or repeals all plans or programs providing such post-employment benefits other than pensions for which the trust has been established, there shall be no continuing obligation to appropriate money to, or otherwise fund, such trust. The remaining assets of the trust shall be used to provide any benefits continuing to be due to active and former employees and their dependents and beneficiaries under the city's plans or programs. If there are no active or former employees or dependents or beneficiaries due a benefit under the city's plans or programs providing post-employment benefits other than pensions for which the trust was established, the remaining trust assets shall revert to the city.
(Ord. of 7-2-07(3), eff. 7-7-07)
Post-employment benefits other than pensions covered by the trust shall include medical or health care insurance, dental insurance and life insurance provided to eligible individuals who have retired from city service pursuant to the provisions of this chapter, and to the dependents and beneficiaries of such individuals.
(Ord. of 7-2-07(3), eff. 7-7-07)
(a)
The city retirement commission, established pursuant to Article III of this chapter (City Code sections 19-56 et seq.) is hereby designated to serve as trustee of the trust for post-employment benefits other than pensions, with the authority to manage and invest the assets of the trust.
(b)
In managing the assets of the trust the retirement commission shall:
(1)
Retain the services of a qualified investment manager;
(2)
Invest the trust assets in a manner consistent with the provisions of this ordinance and the applicable provisions of state law;
(3)
Maintain records of all of its proceedings, and make such records available for inspection by the public; and,
(4)
Provide the city council an annual report of the fund's performance and financial status.
(c)
In lieu of acting as trustee of the trust, the retirement commission is authorized to name the investment manager of the trust funds as trustee.
(Ord. of 7-2-07(3), eff. 7-7-07)
All funds appropriated to the trust for post-employment benefits other than pensions and all funds accrued from the investment of any such funds that are on hand at any time and are not necessary for the immediate payment of benefits shall be invested by the retirement commission, or by the investment manager serving as trustee of the funds. All such funds shall be invested in accordance with the prudent person standard established by Virginia Code § 51.1-803, and such investments shall not be limited by the provisions of Virginia Code § 2.2-4500, et seq.
(Ord. of 7-2-07(3), eff. 7-7-07)
The assets of the trust for post-employment benefits other than pensions shall be exempt from state and local taxation, and shall not be subject to execution, attachment, garnishment or any other process.
(Ord. of 7-2-07(3), eff. 7-7-07)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
Disability means a physical or mental illness or injury that incapacitates an employee from performing one (1) or more of the usual and customary duties of the employee's own job on a full-time basis, where such incapacity is likely to be permanent.
Primary Social Security benefit means the primary insurance amount to which the employee is entitled, for age or disability, pursuant to the provisions of the federal Social Security Act as in effect at the employee's date of retirement.
Public safety employee means any police officer, firefighter, sheriff or deputy sheriff.
Salary means an employee's approved base pay at the time the employee becomes disabled, without career development pay, overtime compensation, or any other additional amount above the amount of base pay.
Work related disability means any disability, as defined herein, incurred by a public safety employee for which benefits are payable under the Virginia Workers' Compensation Act, where the City is the employer.
(9-19-05(2))
(a)
Any public safety employee in service may retire, or may be retired by his appointing authority, at any time prior to the employee's normal retirement date on account of a work related disability upon written notification to the commission made by the member or by the appointing authority setting forth at which date the retirement is to become effective. The effective date of retirement shall be after the employee's last day of performing his usual and customary duties on a full time basis but shall not be more than ninety (90) days prior to the filing of the notice of retirement. The commission may waive the ninety (90) requirement upon a showing of good cause.
(b)
A candidate for disability retirement pursuant to this article shall be considered disabled if:
(1)
As a result of an examination of the candidate by the medical examiners and / or by means of other satisfactory evidence the commission finds that the candidate meets the definition of disability set forth in this article, and that the employee's incapacitating injury or illness is compensable under the provisions of the Virginia Workers' Compensation Act; or,
(2)
The commission has satisfactory evidence that the candidate is eligible for and is, or soon will be, receiving total and permanent disability benefits under the provisions of the federal Social Security Act as the result of a work related disability.
(9-19-05(2))
(a)
Upon retirement for a work related disability, a public safety employee shall receive an annual retirement allowance during his lifetime and continued disability, until ending as provided in section 19-156(b). The amount of the disability retirement allowance shall be equal to the following:
(1)
Sixty-six and two-thirds (66 2/3 ) percent of the employee's final salary if the employee does not qualify for primary social security benefits under the provisions of the Social Security Act in effect on the date of his retirement;
(2)
Fifty (50) percent of the employee's final salary if the employee qualifies for primary Social Security benefits under the provisions of the Social Security Act in effect on the date of his retirement; or,
(3)
One and seventy one-hundredths (1.70) percent of his final salary multiplied by the smaller of (a) twice the amount of his creditable service or (b) the amount of creditable service he would have completed at age sixty (60) if he had remained in service to that age. If the employee has already attained age sixty (60), the amount of creditable service at his date of retirement shall be used. This subsection (3) shall only be used if it results in a greater allowance than either subsection (1) or (2), as applicable.
(b)
The annual disability retirement allowance shall also include any post retirement cost of living supplement provided for all city retirees pursuant to section 19-107.
(9-19-05(2))
Any award of a disability retirement allowance pursuant to the provisions of this article shall be subject to the review and cessation provisions of section 19-103(a), (b) and (e).
(9-19-05(2))
(a)
Any disability retirement allowance payable pursuant to the provisions of this article shall be reduced by the amount of any payments under the provisions of the Virginia Workers' Compensation Act in effect on the date of retirement of the employee, and the excess of the allowance shall be paid to the employee. When the time for compensation payments under the Act has elapsed, the employee shall receive the full amount of the allowance payable during his lifetime and continued disability, until eligible to retire under age and service requirements.
(b)
If the employee's workers' compensation payments are adjusted or terminated for refusal to work or to comply with the requirements of Virginia Code § 65.2-603, the disability retirement allowance shall be computed as if the employee was receiving the compensation to which he would otherwise be entitled.
(c)
The disability retirement allowance of any employee who elects to receive a lump-sum settlement in lieu of periodic payments under the Virginia Workers' Compensation Act shall be adjusted by an amount determined by dividing the workers' compensation benefit which such employee would have received had the lump-sum settlement not been consummated, into the settlement actually accepted by the employee.
(9-19-05(2))
(a)
If any person receives a disability retirement allowance under this article and subsequently becomes employed, whether full time or part time, the allowance received shall be reduced by the amount of income received which exceeds the difference between the benefits received under this article and the amount of pay to which the employee would have been entitled had the member's employment progressed in the same rank and grade with credit for the level of seniority the employee would have attained had the employee not been disabled. For purposes of this section, increases in the amount of pay to which the employee would have been entitled will be equal to the general wage, cost of living, or average pay for performance increase for personnel in the employee's former department. The reduction shall continue until the disability retirement allowance ends pursuant to section 19-156(b).
(b)
Any person receiving a disability retirement allowance under the provisions of this article shall, upon request, on or before May 1 of each year, provide a copy of all W-2 forms showing income received, or a statement under oath as to whether the employee has received compensation for work performed in the previous calendar year, to the commission. Refusal to provide such documents shall be grounds for termination of the allowance under this article until such documents are produced. Production of the documents may be required until the person would have been eligible for normal retirement had the person remained uninjured.
(9-19-05(2))
(a)
Any person receiving a disability retirement allowance pursuant to this article shall continue to accrue creditable service for purposes of determining eligibility for retirement and, if applicable, the amount of any retirement benefit, regardless of whether the employee continues in active service with the city.
(b)
The disability retirement allowance provided pursuant to this article shall end at such time as the employee reaches his normal retirement date as defined in section 19-91, or, at the option of the employee, at such time as the employee has completed five (5) or more years of creditable service and is at least fifty-five (55) years of age, or has completed twenty-five (25) years of creditable service and is at least fifty (50) years of age.
(c)
At such time as the disability retirement allowance ends pursuant to subsection (b), the employee shall be entitled to receive the same pension and benefits to which he would have been entitled had he not been injured, and remained a regular full time employee of the city; provided, however, that the employee will be entitled to the additional annual allowance under section 19-96 (c) only if he has completed twenty (20) years or more of creditable service, including creditable service accruing pursuant to subsection (a) for time not actually worked for the city.
(9-19-05(2))
(a)
Any public safety employee eligible to receive benefits under this article shall be ineligible to receive long term disability benefits pursuant to section 19-102.1.
(b)
Any public safety employee who incurs a work related disability may elect to apply for total and permanent disability retirement pursuant to section 19-100 or partial disability benefits pursuant to section 19-102, in lieu of the allowance provided by this article. The receipt of benefits under 19-100 or 19-102 shall permanently disqualify the employee from receiving a disability retirement allowance under this article for the same injury or illness.
(9-19-05(2))
(a)
The provisions of section 19-111 regarding the alteration, amendment or repeal by city council of any provision of Article IV shall also apply to this article, as if fully set out herein.
(b)
The provisions of this article shall apply to any individual employed by the city as a public safety employee on or after July 1, 2005.
(9-19-05(2))
(a)
There shall be a department of human resources which shall consist of a director of human resources, a personnel appeals board and such employees as may be authorized from time to time.
(b)
The director of human resources shall be appointed by and at the pleasure of the city manager. He shall be chosen on the basis of his general executive and administrative ability and experience, with due regard for his education, training and experience in human resources management. The director shall appoint the employees of the department, and shall have general management and control over them. He shall be responsible for the formulation and administration of the personnel policies of the city.
(Code 1976, §§ 20-2, 20-3)
A classification plan shall be recommended by the director of human resources and approved by the city manager. It shall set forth titles, duties and specifications for the various kinds of work performed by employees of the city. Changes in the classification plan may be recommended from time to time by the director of human resources and shall take effect when approved by the city manager. The class titles set forth in the classification plan shall be used to designate such positions in all official records, documents, vouchers and communications. No person shall be appointed to or employed in a position within the city service under any class title which has not been recommended by the director of human resources and approved by the city manager as appropriate to the duties to be performed.
(Code 1976, § 20-6)
State Law reference— Duty of city to establish classification plan, Code of Virginia, § 15.1-7.1.
There shall be a pay plan consisting of a salary range for each class of positions in the classification plan, which shall provide for increments within such range to be earned by length of service and satisfactory performance. Each class of positions shall be allocated to a salary range with due regard to the salary ranges for other classes and to the relative difficulty and responsibility of characteristic duties of positions in the class, the desirable qualifications, the prevailing rates paid within the effective recruiting area, and any other factors that have a bearing on the adequacy and fairness of the range. The pay plan shall be submitted to city council by the city manager for review and approval.
(Code 1976, § 20-7)
Cross reference— Payday to be fixed by city manager, § 2-153; warrants and checks for salaries and wages, § 11-98.
State Law reference— Duty of city to establish uniform pay plan, Code of Virginia, § 15.1-7.1.
The director of human resources shall constantly review the pay ranges of classifications within the pay plan and, when necessary, make recommendations for changes to the city manager. The ranges of pay for each class of positions may be changed by the city manager upon such recommendation of the director of human resources, provided appropriated funds are available for any increases in the ranges, and provided further, that no more than five (5) percent of the total authorized positions are affected by any single action. Any amendment or revision of the pay plan which exceeds the foregoing limitation shall be transmitted to the council for approval.
(Code 1976, § 20-8)
The director of human resources shall be responsible for interpreting and applying the pay plan to pay questions or problems which are not specifically addressed by the pay plan.
(Code 1976, § 20-9)
The director of human resources shall prepare and recommend to the city manager a grievance procedure and such other administrative regulations as may be considered necessary to carry out the provisions of this article and to provide systematic and equitable handling of the personnel affairs of the city. Before recommending any such regulations to the city manager the director of human resources shall cause copies of the same to be posted in a conspicuous place in city hall and in such other locations as are reasonably calculated to inform all city employees of the provisions of the proposed regulations. There shall be attached to such posted copies a notice setting forth the time and place at which the director of human resources shall conduct a public hearing at which any city employee may appear to be heard for or against such regulations. Such notice shall be posted not less than five (5) working days prior to such hearing. Following such hearing the director of human resources shall submit such amendments or revisions thereto as he shall deem necessary to the city manager for final approval or disapproval. Upon approval by the city manager such regulations shall be in force until amended or rescinded by the foregoing process.
(Code 1976, § 20-10)
State Law reference— Duty of city as to grievance procedure, Code of Virginia, §§ 15.1-7.1, 15.1-7.2.
The city shall maintain and promote equal employment opportunity. Appointments, tenure and promotions shall be based upon fitness and performance without regard to sex, race, religion, national origin, political affiliation, handicap, sexual orientation or other nonjob related factors.
(Code 1976, § 20-11; 7-18-94, § 1)
As part of the employee pay plan adopted pursuant to this article, the city council, city manager or his designee may authorize payment of cash and non-cash monetary bonuses to city officers and employees, as part of an employee recognition or recruitment program, pursuant to promulgated regulations as approved by the city manager. Said regulations may be amended from time to time subject to city manager approval.
(8-1-05(1))
To the extent hereafter permitted or required by law, the city hereby recognizes same sex marriages or civil unions that have lawfully occurred in other states and, as such, shall extend to the partners of city employees in same sex marriages or civil unions that have lawfully occurred in other states all of the benefits offered to the spouses of city employees in heterosexual marriages. To the extent hereafter permitted or required by law, the word "spouse" shall include the partner of a city employee in a same sex marriage or civil union that has lawfully occurred in another state.
(10-7-13(1))
(a)
There is hereby created a personnel appeals board which shall consist of three (3) persons who are not employees of the city who shall be appointed by the council. Of those first appointed one shall be appointed to serve for one (1) year, one for two (2) years and one for three (3) years. Thereafter, members shall be appointed for the full term of three (3) years. Vacancies shall be filled by the council by appointment for the unexpired portion of the term.
(b)
No member of the personnel appeals board shall serve more than two (2) consecutive full terms; provided, that members initially appointed to lesser terms or appointed to fill unexpired terms may thereafter serve two (2) full terms.
(Code 1976, § 20-4)
Cross reference— General limitation on terms of members of boards, § 2-8.
The members of the personnel appeals board shall serve without compensation.
(Code 1976, § 20-4)
The personnel appeals board shall annually choose one of its members to act as chairman.
(Code 1976, § 20-4)
The director of human resources shall serve ex officio as the secretary of the personnel appeals board, but shall have no vote thereon.
(Code 1976, § 20-3)
Two (2) members of the personnel appeals board shall constitute a quorum.
(Code 1976, § 20-4)
(a)
The personnel appeals board shall constitute the final authority to rule upon grievances filed by employees under the grievance procedure promulgated pursuant to section 19-6.
(b)
Appeals of grievances shall be made within ten (10) calendar days after the exhaustion of all prior steps in the grievance procedure available to the employee; provided, however, that such an appeal shall not be available to heads of city departments, or to employees in the office of the city manager who are engaged in city-wide policy determinations. Probationary employees may not appeal grievances based on dismissals.
(c)
Within two (2) working days of receipt of notice of such an appeal the board shall schedule a hearing to be held within ten (10) days thereafter or as soon as the schedules of the members reasonably permit. The hearing may be in public or in executive session at the option of the appellant and the appellant may be represented by legal counsel or by some other person of his own choosing. The city may be represented by counsel or by the head of the department in which the appellant employee is employed. As soon as practicable after such hearing the board shall report in writing its findings to the city manager. Those findings shall have the full force and effect granted to final grievance panel decisions by state law.
(Code 1976, § 20-5)
As used in this article, the term "commission" means the retirement plan commission created by section 19-57.
Cross reference— Definitions and rules of construction generally, § 1-2.
(a)
There is hereby created a commission, to be known as the retirement plan commission, whose duty it shall be to administer the supplemental retirement or pension plan of the city in accordance with the provisions of this article and of article IV of this chapter.
(b)
The commission shall be comprised of a member of city council, the city manager, the director of finance, the director of human resources, the city treasurer, three (3) employees of the city or of any other agency participating in the city supplemental retirement or pension plan, one (1) retiree in the city's plan, and two (2) members of the community.
(Code 1976, § 20-12; 3-7-94; 9-18-00; 3-19-12, § 1, eff. 7-1-12)
The terms of the ex officio members of the commission shall be concurrent with their service in such offices.
(Code 1976, § 20-12)
(a)
The three (3) employee at-large members of the commission shall be appointed by the city council from a list of eligible candidates certified to the council by the city manager. They shall be appointed for terms of three (3) years, and shall be eligible to serve for two (2) terms; provided, that of the three (3) members initially so appointed, one (1) shall be appointed for a one-year term, and one (1) shall be appointed for a two-year term; and provided, that those employees initially appointed for terms of less than three (3) years and those appointed to fill unexpired terms shall be eligible for reappointment to two (2) full three-year terms.
(b)
Whenever a vacancy exists in any of the three (3) employee at-large positions on the commission, the city manager shall certify such fact to the city council along with a list of candidates, which shall include the name of any otherwise eligible employee whose name has been placed in nomination by petition signed by at least fifteen (15) other employees. In the event that an insufficient number of petitions are thus presented, the city manager shall nominate an additional employee or employees, to the end that such list shall include at least two (2) nominees for every vacancy to be filled by the city council; provided, that at least thirty (30) days prior to certifying such list to city council, the city manager shall cause to be posted, in city hall and at other principal locations where employees work, a notice reciting the fact that such vacancy exists or will exist on the commission, the procedure hereinabove set forth for nominations and the date on which such list of nominees will be forwarded to the city council.
(c)
No two (2) of the three (3) at-large employee members of the commission shall be employed in the same department of city government.
(d)
Each of the two (2) community members shall be appointed by the city council to a term of two (2) years, except that appointments to fill vacancies shall be for the unexpired remainder of the vacant term. No community member shall serve for more than four (4) consecutive two (2) year terms except that a member appointed to fill an unexpired term shall be eligible for reappointment to four (4) complete two (2) year terms.
(e)
At least one (1) of the members appointed from the community shall be, at the time of the appointment, a resident of the city or the owner of a business located in the city. One (1) of the members appointed from the community shall have professional experience in money management, investment services, banking, or retirement plan administration.
(f)
The one (1) retiree member of the commission shall be appointed by the city council from the list of current retirees certified to the council by the city manager. The appointment shall be for a term of three (3) years and shall be eligible to serve for two (2) terms.
(Code 1976, § 20-12; 3-7-94; 3-19-12, § 1, eff. 7-1-12)
Cross reference— Limitation on terms of members of commissions, § 2-8.
The council member shall be the president and the director of human resources the secretary of the commission. The secretary shall keep a correct journal of the proceedings of every meeting and shall preserve all books and papers of the commission in his office.
(Code 1976, § 20-13; 9-18-00)
The city treasurer shall keep an account of and shall be the custodian of all money, securities, bonds and other evidences of debt belonging to the retirement fund, subject to such conditions as the commission may prescribe.
(Code 1976, § 20-14)
To assist it in the discharge of its responsibilities under the provisions of this article and article IV of this chapter, the commission may employ an actuary as its technical advisor and incur such other expenses as it deems necessary for the efficient administration of the retirement fund and the retirement plan.
(Code 1976, § 20-17)
All of the funds and assets of the city's supplemental retirement or pension plan shall be maintained by the commission in a fund to be known as the retirement fund. In the retirement fund shall be accumulated all contributions made by the city pursuant to the provisions of section 19-92 and all income from the invested assets of the retirement fund. From the retirement fund shall be paid the retirement allowances and other benefits provided for under the terms of the retirement plan as set forth in article IV of this chapter and reasonable expenses therefore. The fund and the retirement plan shall be maintained for the exclusive benefit of employees or their beneficiaries.
(Code 1976, § 20-15; 6-5-17(1))
The commission shall have charge of the investment and management of all assets of the retirement fund, subject to the standards for the investment of funds by fiduciaries as set forth in Code of Virginia, chapter 3 of title 26 (section 26-38 et seq.), and subject to the restrictions of any investment policy adopted by formal resolution of the city council. All interest, dividends or other income accruing from such investments shall be collected by the city treasurer when due and deposited to the credit of the retirement fund. All such funds shall be reinvested according to the provisions of this section; provided, that unless some other provision is made by city council for such payment, sufficient funds shall be retained as cash in the fund to provide for current retirement payments under the retirement plan and other legitimate expenses of the fund.
(Code 1976, § 20-16)
The commission shall, through the city treasurer, not later than August thirtieth of each year, make an annual report to city council on the condition of the retirement fund and the retirement plan as of the preceding June thirtieth. Each such report shall include the results of an actuarial valuation of the assets and liabilities of the retirement plan, made not less frequently than biennially, and a statement of the amounts to be contributed by the city pursuant to section 19-92. The report shall also state the cash receipts of the retirement fund for the previous year in detail, an itemized list of securities bought or sold with the price paid or received and a detailed list of all assets of the fund. The report may also contain any recommendations the commission desires to make concerning changes in this Code with respect to the retirement fund or the retirement plan.
(Code 1976, § 20-17)
All disbursements by the commission shall be by warrant of the director of finance drawn on the city treasurer.
(Code 1976, § 20-18)
The commission must have a quorum present to take action. A majority of the members serving on the commission shall constitute a quorum.
(2-4-91)
As used in this article, the following words and phrases shall have the meanings ascribed to them by this section, unless a different meaning is plainly required by the text:
Accumulated contributions means the sum of all amounts deducted from the compensation of a member and credited to his individual account in the member's contribution account, all amounts the member may contribute to purchase creditable service and all interest credited to the member's contribution account pursuant to section 19-92(g).
Actuarial equivalent means a benefit of equal value when computed upon the basis of such actuarial tables as are adopted by the commission. The actuarial equivalents and all actuarial calculations shall be determined on the basis of interest at an assumed rate of 8%, and the UP84 Mortality Table for the member, and the UP84 Mortality Table with a five-year setback in age for spouses and/or beneficiaries.
Appointing authority means the city council in the case of city council appointees; the commissioner of revenue, the city treasurer, the city sheriff, the clerk of the circuit court and the commonwealth's attorney in the case of their employees; and the city manager in the case of all other members of the plan, except for such elected constitutional officers.
Average final compensation means the average annual creditable compensation of a member during the three (3) consecutive years of creditable service in which such compensation was at its greatest amount. However, for any person who becomes a member after June 30, 2012, average final compensation means the average annual creditable compensation of a member during the five (5) consecutive years of creditable service in which such compensation was at its greatest amount.
Beneficiary means any person entitled to receive benefits under this article. A beneficiary for purposes of a payment made in the event of death (other than a contingent beneficiary under an annuity option form or the survivor allowance payable pursuant to section 19-105(b) or (c)) shall be that person named by the member in a beneficiary designation form filed with the city. If no designation is filed, the beneficiary shall be the members' spouse or, if none, the member's estate.
Commission means the retirement plan commission provided for in article III of this chapter.
Creditable compensation means the full compensation payable annually to an employee working the full normal working time for his position exclusive of overtime. The creditable compensation of an employee paid on an hourly basis shall be computed at his regular hourly rate multiplied by the regular number of working hours per week multiplied by fifty-two (52). In cases where compensation includes maintenance and other perquisites, the city manager shall fix the value of the part of the compensation not paid in money. Notwithstanding the foregoing, creditable compensation taken into account for purposes of determining benefits under the plan shall be limited by the compensation limit pursuant to Section 401(a)(17) of the Internal Revenue Code of 1986, as amended. For purposes hereof, the compensation limit, for years beginning on or after January 1, 1986 but before December 31, 1992, is two hundred thousand dollars ($200,000.00) as adjusted by the cost of living adjustment factor prescribed by the Secretary of the Treasury or his delegate under Section 415(d) of the Internal Revenue Code of 1986, as amended, the "adjustment factor"; and for years beginning on or after January 1, 1993, is one hundred fifty thousand dollars ($150,000.00) (as adjusted by the adjustment factor in ten thousand dollars ($10,000.00) increments on the basis of a base period of the calendar quarter beginning October 1, 1993). For purposes of applying the limitation applicable to each year, the limit for a plan year shall be the limitation in effect for the calendar year in which the plan year begins determined without increases in the limitation for subsequent years.
Creditable service means, for any member who is in service at any time after July 1, 1982, his total service as an employee, whether or not continuous, exclusive of any separate period of service of less than nine (9) months in duration, but inclusive of official leave for military service, to the extent required by federal or state law. Creditable service shall be counted in terms of calendar years, with completed months of creditable service in excess of complete years being counted as a fractional part of a year.
For any employee eligible to retire pursuant to the provisions of section 19-95(a), (e), (g) or section 19-100 of this chapter, creditable service shall include, for purposes of computing the retirement allowance, one-half (½) of the employee's accumulated and unused sick leave as of the date of retirement, up to a maximum of two thousand (2,000) hours.
Employee means any person who is employed by the city on a full-time, year-round basis, whether paid by the hour, week, month or otherwise. Such term shall not include any person, judicial, professional or otherwise, employed either on a part-time basis or on a seasonal basis; nor shall it include any official elected by the people or any person employed in the office of such official; except, that it shall include the commissioner of revenue, the city treasurer, the city sheriff, the clerk of the circuit court, the commonwealth's attorney and their full-time employees. Such term shall not include the employees of any office, department or agency which participates in the Virginia Supplemental Retirement System, regardless of whether such office, department or agency is funded wholly or partly by the city; provided, that any clerk or employee of the district court employed in such capacity on June 30, 1973, who elected not to participate in the Virginia Supplemental Retirement System shall continue to be considered an employee, for purposes of this article only, and be eligible for benefits hereunder to the full extent of his salary. Such term shall include the employees of any multi-jurisdictional agency in which the city is a participating jurisdiction, when such employees are not covered under the Virginia Supplemental Retirement System, or in any other retirement plan, and when the city has contractually agreed to include such employees in the retirement plan provided by this article. Notwithstanding the foregoing definition, "employee" also includes any person who meets the foregoing definition, except that he:
(1)
Works less than full-time but at least half-time;
(2)
Works less than year-round but at least thirty-six (36) weeks per year; and
(3)
Is in service on or after July 1, 1987.
In case of dispute, the commission shall determine who is an employee within the meaning of this article.
Member means any employee or former employee who is currently, or shall in the future, be recognized as having membership in the plan.
Member contribution account means the account established under the plan to hold the member's contributions and earnings thereon required and credited pursuant to section 19-92.
Normal retirement date means the first day of the month coinciding with or next following:
(1)
For a member who is a police officer, firefighter, sheriff or sheriff's deputy, the sixtieth (60th) birthday of the member, and
(2)
For a member who is not a police officer, firefighter, sheriff or sheriff's deputy, the sixty-fifth (65th) birthday of the member.
Person who becomes a member after June 30, 2012 means a person who is not a member of a plan described in section 19-94(a) or (c) who is hired or rehired after June 30, 2012 as an employee as defined herein. In the case of an employee who is rehired after such date and whose credited service attributable to employment prior to July 1, 2012 is reinstated or is otherwise not disregarded, shall not be treated as a person who becomes a member after June 30, 2012 if such employee elects to be a member of a plan described in section 19-94(a) or (c) at the time of his rehire. Any benefit accumulated under the plan based on employment prior to July 1, 2012 shall remain frozen as though his employment after June 30, 2012 had not occurred. If such employee does not elect to be a member of a plan described in section 19-94(a) or (c) at the time of his rehire, his benefit under the plan shall be determined based on the provisions applicable to a person who becomes a member after June 30, 2012, except that no employee contribution shall be required or collected with respect to service performed prior to July 1, 2012.
Plan means "The Supplemental Retirement or Pension Plan of the City of Charlottesville," as set forth in this article.
Retirement allowance means the retirement payments to which a member is entitled, as provided in this article.
Service means service as an employee for which compensation is paid.
(Code 1976, § 20-19; 12-21-92; 10-16-00(1); 5-5-03(2); 1-3-12)
Cross reference— Definitions and rules of construction generally, § 1-2.
(a)
Each member, including a police officer, firefighter, sheriff or sheriff's deputy, shall contribute a percentage of his creditable compensation each pay period as follows:
(1)
Each member, except a person who becomes a member after July 1, 2012 as defined in Section 19-91, shall contribute 1% of his creditable compensation each pay period beginning on or after July 1, 2017, until the first pay period beginning on or after July 1, 2018. For each pay period beginning on or after July 1, 2018, said member shall contribute 2% of his creditable compensation.
(2)
Each person who becomes a member after June 30, 2012 and who is hired or rehired before July 1, 2017 shall contribute 3% of his creditable compensation each pay period.
(3)
Each person who becomes a member after June 30, 2012 and who is hired or rehired after June 30, 2017 shall contribute 5% of his creditable compensation each pay period.
The city and any other employer adopting the plan shall deduct the applicable contribution payable by the member and every employee accepting or continuing employment shall be deemed to consent and agree to any deductions from his creditable compensation required by this section.
Notwithstanding the foregoing, the employee contributions, although designated as employee contributions hereunder, will be paid by the city and any other employer adopting the plan and shall be treated as employer contributions pursuant to Section 414(h) of the Internal Revenue Code of 1986, as amended, and shall not be included as gross income of the employee until such time as they are distributed or made available to the employee. The city and any other employer adopting the plan shall "pick-up" the employee contributions by reducing the amount payable to each employee by the amount of his required employee contribution on a salary reduction basis.
(b)
Beginning July 1, 1992, the city council shall appropriate, and the city shall contribute annually to the retirement fund established pursuant to section 19-63, an amount equal to the sum of the normal contribution, and the accrued liability contribution, if any.
(c)
The normal contribution for any year shall be determined as a percentage, equal to the normal contribution rate, of the total creditable compensation of the members for such year. Similarly, the accrued liability contribution rate for any year shall be determined as a percentage, equal to the accrued liability contribution rate, of such total creditable compensation. In determining the amount of any contribution, a reasonable approximation to the exactly computed amount may be used.
(d)
The normal contribution rate shall be determined as the percentage of the total annual creditable compensation of the members computed in accordance with recognized actuarial principles on the basis of methods and assumptions approved by the commission. The normal contribution rate shall be determined from the results of each valuation which shall be made as directed by the commission not less frequently than biennially.
(e)
The accrued liability contribution rate shall be determined as the percentage of the total annual creditable compensation of the members that is represented by the level annual contribution necessary to:
(1)
Amortize the unfunded actuarial accrued liability as a level percentage of covered payroll over a closed period not to exceed thirty (30) years as directed by the commission; and
(2)
Amortize any increase or decrease in the actuarial accrued liability due to plan changes, actuarial gains, and/or actuarial losses as a level percent of covered payroll over a closed period not to exceed thirty (30) years as directed by the commission.
The unfunded actuarial accrued liability as of any valuation date shall be determined, in accordance with recognized actuarial principles on the basis of methods and assumptions approved by the commission.
The accrued liability contribution rate shall be determined from the results of each valuation, which shall be made as directed by the commission not less frequently than biennially.
(f)
The commission shall certify to city council the normal contribution rate, the accrued liability contribution rate and every change made from time to time in any of such rates.
(g)
All members' contributions and interest allowances shall be credited to the member's contribution account. Accumulated contributions required to be returned to the member or required to be paid on account of the member's death shall be paid from the member's contribution account. As of each June 30, the member contribution account of each active member shall be credited with interest at a rate to be determined annually by the retirement commission. Initially, the rate shall be 3% annually. Interest shall accrue on any contribution beginning on the first day of the fiscal year following the year in which the contribution was made. No interest shall be credited to the member contribution account after the effective date of the member's retirement.
(Code 1976, § 20-20; 3-1-93; 1-3-12; 6-5-17(1))
(a)
Membership in the plan as of any date shall consist of the following:
(1)
All employees at such date, inclusive of those on authorized leave from service.
(2)
All former employees who have not retired under the provisions of the plan and who either:
a.
Have five (5) years or more of creditable service and were in service at some time after June 30, 1975, and who have not received a refund of such member's accumulated contributions pursuant to section 19-104.1 or
b.
Have twenty (20) years or more of creditable service and were included in the membership of the plan on June 30, 1975.
(b)
The membership of any person in the plan shall cease upon:
(1)
Termination of service as an employee prior to the completion of five (5) years of creditable service, or in the case of a person who becomes a member after June 30, 2012, the refund of such member's accumulated contributions pursuant to section 19-104.1; or
(2)
Retirement; or
(3)
Death.
(c)
When membership ceases, except in the case of retirement or of death under circumstances calling for the payment of benefits hereunder, an employee shall thereafter lose all right to any retirement allowance or benefits under this article arising from service prior to the date of such cessation of membership except for any vested deferred retirement benefits such employee might be entitled to receive, provided that if any such employee should subsequently again be in service, his previous period or periods of creditable service shall be reinstated. Any person that received a refund of his accumulated contributions pursuant to section 19-104.1, shall be treated as a new member upon subsequent reemployment. If no refund was made, all previous period or periods of creditable service shall be reinstated.
(Code 1976, § 20-21; 1-3-12; 6-5-17(1))
(a)
The city manager may approve the withdrawal from membership in the plan of any employee who is exempt from the personnel appeals system as set forth in section 19-36(b) and may execute an agreement for such employee to participate in an optional defined contribution plan approved by the Internal Revenue Service as a qualified plan within the meaning of Section 401(a) of the Internal Revenue Code of 1986, as amended. Such agreement may provide that the city shall contribute to such plan an annual amount no greater than the total amount which the city would contribute to the city plan on behalf of such employee for such year pursuant to section 19-92(b). The contribution shall not include any contribution made to fund the city's post-employment benefits trust in accordance with section 19-141. Any employee who enters into such an agreement shall be deemed to have terminated all membership in the supplemental retirement or pension plan of the city and to have waived any rights whatsoever to any benefits thereunder. Upon execution of any such agreement, the retirement plan commission is authorized to make the payments called for therein, but in no event shall the payment for any period exceed the amount contributed by the city to the city plan for such employee for such period. A copy of such plan shall be kept on file in the city's personnel department, and it may be amended from time to time.
(b)
The city council may likewise approve participation by the city manager in a supplemental defined contribution plan approved by the Internal Revenue Service as a qualified plan within the meaning of Section 401(a) of the Internal Revenue Code of 1986, as amended, in which case the city's annual contribution thereto shall likewise equal the amount which would have been contributed to the city plan, unless the council shall determine a greater or lesser amount. A copy of such plan shall be kept on file in the city's personnel department, and it may be amended from time to time.
(c)
Effective July 1, 2001, the city manager may approve the withdrawal from membership in the plan of any employee and may execute an agreement for such employee to participate in an optional defined contribution plan approved by the Internal Revenue Service as a qualified plan within the meaning of Section 401(a) of the Internal Revenue Code of 1986, as amended. Such agreement may provide that the city shall contribute to such plan an annual amount determined by the retirement commission with the approval of the city manager on behalf of such employee for such year. Any employee who enters into such an agreement shall be deemed to have terminated all active membership in the supplemental retirement or pension plan of the city and to have waived any rights whatsoever to accrue additional benefits thereunder. Upon execution of any such agreement, the retirement plan commission is authorized to make the payments called for therein. A copy of such plan shall be kept on file in the city's personnel department, and it may be amended from time to time.
(d)
Effective November 1, 1987, all regular city employees, including city council members, who work at least twenty (20) hours per week shall be eligible to participate in a deferred compensation plan, whether or not they participate in the supplemental retirement or pension plan of the city or the defined contribution plans described in subsections (a) through (c) of this section. Such new plan shall enable employees to defer part of their compensation if they choose to do so to provide for their retirement. Participation in this new plan shall have no effect on eligibility for participation in the supplemental retirement or pension plan of the city or the defined contribution plans described in subsections (a) through (c) of this section. A copy of such plan shall be kept on file in the city's human resources department, and it may be amended from time to time.
(Code 1976, § 20-21.1; 10-16-00(1); 6-5-17(1))
(a)
Any member who is in service at his normal retirement date may retire then or at any time thereafter, provided he has completed five (5) or more years of creditable service, upon written notification to the commission made by the member or by his appointing authority setting forth at what date the retirement is to become effective. Such effective date shall be after the member's last day of service and shall not be more than ninety (90) days prior to the filing of such notification.
(b)
No member who is a police officer, fire fighter or sheriff's deputy shall be permitted to continue in service after his normal retirement date, unless the member's appointing authority, upon a determination that organizational needs so require, grants the member an exemption from such mandatory retirement requirements. Any such member who continues in service under such an exemption from the appointing authority, may be retired by that authority at any time thereafter. Such retirement shall be initiated by the appointing authority by notification to the commission setting forth at what date the retirement is to become effective. Such effective date shall be after the member's last day of service and shall not be more than ninety (90) days prior to the filing of such notification.
(c)
The commissioner of revenue, city treasurer, city sheriff, clerk of the circuit court and commonwealth's attorney may continue in service so long as they hold office.
(d)
The appointing authority of any member not listed in subsection (b) or (c) of this section, subsequent to the member's normal retirement date, upon a determination that age is a bona fide occupational qualification reasonably necessary to the normal operation of the city, and that such member has reached the age limit, or upon a determination that such member is incapable of performing his duties in a safe and efficient manner, may require the service retirement of such member upon written notification to the commission setting forth at what date the retirement is to become effective. Such effective date shall be after the member's last day of service and shall not be more than ninety (90) days prior to the filing of such notification. Notwithstanding the foregoing, if such member lacks five (5) years of creditable service, such member shall be discharged and shall be ineligible for a retirement allowance.
(e)
Any member who is in service and who has completed five (5) or more years of creditable service may retire at any time after the fifty-fifth (55th) birthday of the member or, in the case of a person who becomes a member after June 30, 2012 other than a police officer, firefighter, sheriff or sheriff's deputy, after the sixtieth (60th) birthday of the member, or at any time thereafter, upon written notification to the commission, made by the member, setting forth at what date the retirement to become effective. Such effective date shall be after the member's last day of service and shall not be more than ninety (90) days prior to the filing of such notification.
(f)
Any member who terminates service after completing five (5) or more years of creditable service may retire under the provisions of either subsection (a) or subsection (c) of this section; provided, that the requirement as to such member being in service shall not apply.
(g)
Any member who is in service and who has completed thirty (30) or more years of creditable service may retire at age fifty (50), or, in the case of a person who becomes a member after June 30, 2012, at age sixty (60), or at any time thereafter, upon written notification to the commission, made by the member, setting forth at what date the retirement is to be effective, without suffering the penalty imposed by section 19-96(d). Such effective date shall be after the member's last day of service and shall not be more than ninety (90) days prior to the filing of such notification.
(h)
Any member who is a police officer, firefighter, sheriff or sheriff's deputy, and has completed twenty-five (25) or more years in service may retire at age fifty (50), or at any time thereafter until the mandatory retirement date is reached, without suffering the penalty imposed by section 19-96(e).
(i)
Notwithstanding the forgoing, on or after January 1, 1989, the retirement allowance of a member who has terminated employment shall begin no later April 1 of the calendar year following the later of (i) the calendar year in which the member attains seventy and one-half (70½) years of age, or (ii) the calendar year in which the member terminates employment.
(j)
Upon attaining normal retirement age and completion of the required years of service, each employee's interest shall be fully vested.
(Code 1976, § 20-22; 8-15-94; 3-6-95; 6-5-00(1); 10-16-00(1); 5-5-03(2); 1-3-12; 6-5-17(1))
Editor's note— It should be noted that § 2 of Ord. No. 89-7-5, adopted April 3, 1989, provided that the ordinance become effective July 1, 1990. Section 1 of the ordinance amended and reordained § 20-22, in effect reciting paragraphs (a) through (d) as they existed prior to amendment and adding paragraph (e) as set forth above.
(a)
Any member who is in service and who falls within any one of the following eligibility categories at any time between August 1, 1993 and December 31, 1994, may elect to retire early under this section upon written notification to the commission; provided that such election is made no later than October 31, 1993:
(1)
Any member who is at least age fifty-two (52) with thirty (30) years or more of creditable service; or
(2)
Any member who is at least age fifty-five (55) with twenty-seven (27) years or more of creditable service; or
(3)
Any member who is at least age fifty-seven (57) with five (5) years or more of creditable service; or
(4)
Any police officer, firefighter, sheriff or sheriff's deputy who is at least age fifty-two (52) with five (5) years or more of creditable service; or
(5)
Any member who is eligible for normal or early retirement under the provisions of subsection (a), (e) or (g) of section 19-95.
(b)
For each year of prior service to be credited, the member must pay ten (10) percent of: (i) the member's present annual compensation or (ii) the member's average annual creditable compensation during the member's thirty-six (36) highest consecutive months of creditable service with the city, whichever is greater. For each year of prior service to be credited, members who are employed as the director of public safety, police officers, firefighters, sheriffs, or sheriff's deputies, must pay fifteen (15) percent of (i) the member's present annual compensation or (ii) the member's average annual creditable compensation during the member's thirty-six (36) highest consecutive months of creditable service with the city, whichever is greater.
(c)
The annual retirement allowance payable monthly to any member who elects to retire under this section shall be calculated pursuant the provisions of subsections (a) and (b) of section 19-96. In addition, any member under age sixty-two (62) who elects to retire under this section shall be paid a monthly supplement until age sixty-two (62), calculated at thirty-five (35) percent of the member's age sixty-five (65) estimated social security benefit. In lieu of such supplement, a police officer, firefighter, sheriff or sheriff's deputy shall receive the additional annual allowance as provided for under subsection (c) of section 19-96, if greater than such supplement. In no event shall a police officer, firefighter, sheriff or sheriff's deputy receive both the supplement under this section and the additional annual allowance under subsection (c) of section 19-96.
(d)
Retirement shall commence under this section on the first of the month following the month of application or the month when the member meets the eligibility requirements, whichever is later, unless the city manager approves a deferral. In no event shall retirement commence under the early retirement window after December 31, 1994. Notwithstanding the foregoing limitations, a retiree who is a constitutional officer and his or her chief deputy may serve to the end of that constitutional officer's elected term.
(e)
Average final compensation under this section shall mean the average annual creditable compensation of a member during the twelve (12) consecutive months of creditable service in which such compensation was at its greatest amount.
(5-20-91, § 1; 7-15-91; 7-19-93; 5-5-03(2))
(a)
Any member in service who has completed five (5) or more years of creditable service may purchase credit for service for all or part of the following:
(1)
Certified creditable service in the Virginia Retirement System or in the retirement system of another state or of a political subdivision in this or another state which is not considered in the calculation of a retirement benefit;
(2)
Time employed by the city under the CETA program;
(3)
Any period of full-time service rendered to the City of Charlottesville on a temporary or seasonal basis, provided that such period has not been previously included in the creditable service.
(4)
Active military service in the armed forces of the United States, provided that the member's discharge from the armed forces was not dishonorable.
(b)
For each year of prior service to be credited, the member must pay ten (10) percent of: (i) the member's present annual compensation or (ii) the member's average annual creditable compensation during the member's thirty-six (36) highest consecutive months of creditable service with the city, whichever is greater. For each year of prior service to be credited, members who are employed as police officers, firefighters, sheriffs, or sheriff's deputies, must pay fifteen (15) percent of (i) the member's present annual compensation or (ii) the member's average annual creditable compensation during the member's thirty-six (36) highest consecutive months of creditable service with the city, whichever is greater.
(c)
Service purchased under this section shall be included in the calculation of creditable service as defined in Section 19-91, but shall not be considered in determining eligibility for unreduced early retirement if the member's retirement is within five (5) years of the date of election to purchase prior service credit. This paragraph shall not apply to a member who elects to purchase prior service pursuant to this section and who makes such election within ninety (90) days of the enactment of this section, or within ninety (90) days of the date that the member completes five (5) years of creditable service with the city, whichever occurs later. No more than five (5) years of credit for prior service may be purchased by a member.
(d)
At the member's option, payment may be made either in a lump sum or by payroll deduction in equal installments over a period not to exceed the service credit being purchased. Should the deduction be terminated prior to purchasing the entire period which might otherwise be credited, the member shall be credited with the number of additional months of service for which payments are made. If the deduction is continued beyond the point at which the entire period has been purchased, the member shall be credited with no more than the entire period which might otherwise have been credited and the excess amount deducted shall be refunded to the member. Any purchase of prior service made within ninety (90) days of the member's effective date of retirement shall be made by a lump sum payment. Except for excess payments, no payments made hereunder shall be refundable.
(12-2-02(2))
(a)
In accordance with the provisions of Virginia Code sections 51.1-143.1 and 51.1-801.1, the city may enter into a reciprocal asset transfer and pension portability agreement with the Virginia Retirement System ("VRS"). The agreement shall allow any vested member of the VRS, upon becoming a member of the city's defined benefit retirement plan, to purchase creditable service in an amount determined by the city's retirement commission for service rendered under the VRS. The purchase shall be accomplished by and upon the transfer of assets to the city's retirement plan from the VRS as provided in the agreement.
(b)
A vested member of the city's defined benefit retirement plan who enters service in a covered position under the VRS may purchase creditable service in an amount determined by the VRS board of trustees for service rendered under the city's retirement plan. The purchase shall be accomplished by and upon the transfer of assets to the VRS by the city's retirement commission as provided in the agreement.
(c)
The city manager is authorized to execute the reciprocal asset transfer and pension portability agreement with VRS in a form approved by the city attorney.
(3-15-04(1))
(a)
Upon service retirement on or after July 1, 2000, a member with creditable service which commenced prior to July 1, 2000, shall receive an annual retirement allowance payable monthly to him for life commencing on the first day of the month coinciding with or next following his date of retirement, in an amount computed as the larger of (1) and (2) following:
(1)
The excess, if any, of 2% of such member's average final compensation multiplied by the number of years of his creditable service, over 2.5% of such member's annual primary social security benefit, multiplied by the number of years of his creditable service up to a maximum of twenty (20) years.
(2)
1.60% of such member's average final compensation multiplied by the total number of years of his creditable service.
(b)
Upon service retirement after July 1, 2000, a member whose employment commenced after June 30, 2000, shall receive an annual retirement allowance payable monthly to him for life commencing on the first day of the month coinciding with or next following his date of retirement, in an amount computed as follows:
(1)
1.60% of such member's average final compensation multiplied by the total number of years of his creditable service.
(c)
In addition to the retirement allowance to which a member is entitled under the provisions of subsections (a) and (b) of this section, a retired member who at the date of his retirement was in service as a police officer, firefighter, sheriff or sheriff's deputy and who has completed twenty (20) years or more of creditable service shall receive an additional annual allowance, payable monthly, during the period after the member's date of retirement and until his attainment of full retirement age, as in effect on July 1, 2005, for purposes of qualifying for unreduced social security benefits, equal to 1% of average final compensation multiplied by the number of years of his creditable service. In no event shall a police officer, firefighter, sheriff or sheriff's deputy receive both the supplement under this section and social security benefits. Effective for service retirements after June 30, 2017, the additional annual allowance shall be limited to a period of time that does not exceed seventeen (17) years prior to social security eligibility and effective for service retirements after June 30, 2020, this additional annual allowance shall be limited to the estimated unreduced primary social security benefit determined under section 19-97.
Notwithstanding the foregoing, a person who becomes a member after June 30, 2012, shall be entitled to this additional, supplemental annual allowance only if such person has completed at least twenty (20) years of creditable service in a position of a police officer, firefighter, sheriff or sheriff's deputy and such person shall not be entitled to a supplement for a period of time that exceeds seventeen (17) years prior to social security eligibility. This additional annual allowance shall be limited in the case of a person who becomes a member after June 30, 2012, to his estimated unreduced primary social security benefit determined under section 19-97.
(d)
The provisions of subsections (a) and (b) of this section to the contrary notwithstanding, if the retirement date of a member with less than thirty (30) years of creditable service precedes his normal retirement date, the retirement allowance amount as computed in accordance with subsections (a) and (b) of this section, as appropriate, shall be reduced by 0.5% for each complete month in the period between the member's retirement date and the earlier of his normal retirement date or the date on which the member would have completed thirty (30) years of creditable service had he remained an employee continuously until such date.
(e)
The provisions of subsections (a) and (b) of this section to the contrary notwithstanding, if the retirement date of a member who is a police officer, firefighter, or sheriff's deputy with less than twenty-five (25) years of creditable service precedes his normal retirement date, the retirement allowance amount as computed in accordance with subsections (a) and (b) of this section, as appropriate, shall be reduced by 0.5% for each complete month in the period between the member's retirement date and the earlier of his normal retirement date or the date on which the member would have completed twenty-five (25) years of creditable service had he remained an employee continuously until such date.
(Code 1976, § 20-23; 7-19-93; 8-15-94; 6-2-97; 6-5-00(1); 5-5-03(2) ; 9-19-05(1); 1-3-12; 6-5-17(1))
In determining the amounts of benefits due members under the plan, the commission or its designee shall calculate the primary social security benefit of each member according to the rules set forth in this section.
(1)
For members retiring before their normal retirement dates, such calculation shall be made at the actual retirement date with respect to the primary social security benefit expected to commence upon the member's attainment of full retirement age, as in effect on July 1, 2005, for purposes of qualifying for unreduced Social Security benefits.
(2)
For members retiring at or after their normal retirement dates, such calculation shall be made at the normal retirement date with respect to the primary social security benefit to commence or to have commenced upon the member's attainment of full retirement age, as in effect on July 1, 2005, for purposes of qualifying for unreduced Social Security benefits.
(3)
Each such calculation shall be based upon the federal social security laws and benefit schedules in effect on the January first preceding the date at which the calculation is made.
(4)
The primary social security benefit calculation shall be based on the member's actual social security wage credits as an employee and on the assumptions:
a.
That the member will have no social security wage credits after his date of retirement;
b.
That the member's wages for any calendar year in which less than a full year of service was accrued, or for any calendar year for which information as to the amount of the member's actual social security wage credits as an employee is not available to the commission from the city's records, were such that they were consistent with a year to year increase in wages at the annual rates indicated by the reciprocals of the yearly "Index Factors" published by the federal social security administration.
(5)
In the case of a member retiring under the provisions of section 19-95(f), such calculation shall be based on the further assumption that such member's creditable compensation had continued to his date of retirement at the same rate which was in effect at the time the member terminated service.
(6)
Once the primary social security benefit has been calculated it shall be used to make the final determination of the city benefit due the member. Once fixed, such determination shall not be altered or affected by later changes in the member's actual primary social security benefit due to changes in federal laws or benefit schedules. Neither shall any alteration in city benefits occur as a result of the failure of the member to qualify for, or loss of the member's social security benefits, whether through failure to apply, entry into covered employment or otherwise.
(7)
It shall be the duty of the member to furnish the commission or its designee any requested information necessary to make such calculation, including, where available, the amount of the member's actual primary social security benefit. If such information is not supplied when requested the commission shall make any reasonable assumption about it which the commission deems proper.
(Code 1976, § 20-24.1; 9-19-05(1))
(a)
For the purposes of any provision of this article, the retirement allowance of any member shall be determined on the assumption that the retirement allowance is payable to the member alone and that no optional retirement allowance is elected.
(b)
After a member has retired, and the amount of his retirement allowance has been determined under the provisions of this article, the amount of the member's retirement allowance shall be unaffected by any changes in the actual amount of the primary social security benefit to which the member is or becomes entitled under the federal Social Security Act.
(c)
Notwithstanding any other provisions of this article, the annual benefit under the supplemental retirement or pension plan of the city of any member and any related death or other benefit, shall, if necessary, be reduced to the extent required by Section 415(b) of the Internal Revenue Code of 1986, as amended, as adjusted by the Secretary of the Treasury pursuant to Section 415(d) of the Internal Revenue Code of 1986, as amended.
(d)
Notwithstanding any other provisions of this article, for plan years beginning before January 1, 2000, if a member participates in both the supplemental retirement or pension plan of the city and a qualified defined contribution plan maintained by the city, the annual benefits under the supplemental retirement or pension plan of the city and the annual additions to any qualified defined contribution plan maintained by the city shall not exceed the combined limit test described in Section 415(e) of the Internal Revenue Code of 1986, as amended. If necessary, the annual additions under the qualified defined contribution plan shall be reduced before benefits under supplemental retirement or pension plan of the city are reduced in order to comply with such combined limit test.
(e)
Notwithstanding any provision of this article to the contrary, benefits and service credit with respect to qualified military service will be provided in accordance with section 414(u) of the Internal Revenue Code of 1986, as amended.
(f)
To the extent required by Section 401(a)(37) of the Internal Revenue Code for purposes of determining a member's entitlement to a retirement allowance or death benefits under the Plan, in the event a member ceases to be an employee in order to perform qualified military service within the meaning of section 414(u) of the Internal Revenue Code and dies on or after January 1, 2007 while performing qualified military service, the member's death shall be considered to have occurred while the member was an employee so that his beneficiaries are entitled to any additional benefits provided under the Plan (other than benefit accruals relating to the period of qualified military service), including without limitation any additional or enhanced vesting or death benefits, had the member resumed employment with the employer and then terminated employment on account of death.
(Code 1976, § 20-25; 10-16-00(1); 6-5-17(1))
The commission may, from time to time, employ a physician or physicians, upon such terms and conditions as the commission may prescribe, who shall be known as the "medical examiners," and whose duty it shall be to conduct or approve all medical examinations required under the provisions of this article or by the commission. Such medical examiners shall when directed by the commission investigate all health or medical statements and certificates made by or in behalf of any person in connection with the payment of money or with a claim for the payment of money to such person under this article, and shall report in writing to the commission their joint conclusions and recommendations, or their individual conclusions and recommendations, upon all such matters referred to them.
(Code 1976, § 20-27)
(a)
Any member in service who has five (5) or more years creditable service may retire, or may be retired by his appointing authority, at any time prior to the member's normal retirement date on account of total and permanent disability upon written notification to the commission made by the member or by the appointing authority setting forth at which date the retirement is to become effective; provided, that such effective date shall be after the member's last day of service but shall not be more than ninety (90) days prior to the filing of such notification; provided, further, that the commission shall have determined that the member is, and has been continuously since such effective date if prior to the filing of such notification, totally and permanently disabled and thus incapacitated for the further performance of duty or the pursuit of any gainful occupation.
(b)
A candidate for disability retirement shall be considered to be totally and permanently disabled if:
(1)
As a result of an examination of the candidate by the medical examiners and/or by means of other satisfactory evidence the commission finds that the candidate is mentally or physically incapacitated from ever performing any work or occupation for gain or profit for which he is or reasonably can be fitted by education, training or experience; or
(2)
The commission has satisfactory evidence that the candidate is eligible for and is, or soon will be, receiving total and permanent disability benefits under the provisions of the federal Social Security Act.
(c)
The provisions of subsection (a) of this section to the contrary notwithstanding, the prerequisites for disability retirement that the member have five (5) or more years of creditable service and that his disability retirement date precede his normal retirement date shall not be applicable to any member who satisfies the other requirements of subsection (a) of this section and:
(1)
Whose disability is compensable under the Virginia Workers' Compensation Act (or would be so compensable except for the fact that the member is not considered an "employee" as defined by such act); or
(2)
Who is employed as a firefighter or police officer and whose disability is the result of respiratory disease, hypertension or heart disease, unless the medical examiners shall certify, on the basis of competent evidence, that such disability was not suffered in the line of duty.
(Code 1976, § 20-28)
Editor's note— Section 2 of an ordinance adopted August 17, 1981, amending sections 19-100 through 19-103, provides as follows:
"This ordinance shall apply totally to all plan members by whom or for whom disability retirement is sought after its effective date."
Section 3 of such ordinance provides as follows:
"All persons currently retired for disability under this plan, and all plan members by whom or for whom disability retirement is currently being sought or may be sought in the future will be subject to the annual review procedures established by this ordinance, and as a result of such review may be subject to cessation of a disability retirement allowance, conversion to a partial disability benefit, or cessation or adjustment of a partial disability benefit, as provided in this ordinance."
(a)
Upon retirement for total and permanent disability as provided in section 19-100(a) on or after July 1, 2000, a member with creditable service which commenced prior to July 1, 2000, shall receive an annual retirement allowance payable monthly to him during continued total disability, commencing on the first day of the month coinciding with or next following his date of retirement, in an amount computed as the larger of paragraphs (1) and (2) following:
(1)
The excess, if any, of two (2) percent of such member's average final compensation multiplied by the number of years of his disability-credited service, as defined in subsection (c) of this section, over two and one-half (2.5) percent of such member's annual primary social security benefit, multiplied by the number of years of his disability-credited service up to a maximum of twenty (20) years;
(2)
One and sixty hundredths (1.60) percent of such member's average final compensation, multiplied by the total number of years of his disability-credited service.
(b)
Upon retirement for total and permanent disability as provided in section 19-100(a) on or after July 1, 2000, a member with creditable service which commenced after July 1, 2000, shall receive an annual retirement allowance payable monthly to him during continued total disability, commencing on the first day of the month coinciding with or next following his date of retirement, in an amount computed as follows:
(1)
One and sixty hundredths (1.60) percent of such member's average final compensation multiplied by the total number of years of disability-credited service.
(c)
As used in subsections (a) and (b) of this section with respect to any member who retires for disability on or after age sixty (60), disability-credited service means such member's creditable service. With respect to any member who retires for disability prior to age sixty (60), disability-credited service means the smaller of paragraphs (1) and (2) following:
(1)
Twice such member's years of creditable service;
(2)
The number of years of creditable service such member would have completed at age sixty (60), had he remained in service to such age.
(d)
Upon retirement for disability as provided in section 19-100(c), a member shall receive an annual retirement allowance payable monthly to him during continued total disability, commencing on the first day of the month coinciding with or next following his date of retirement, in an amount which, when added to one-half of the social security disability benefit to which the member may become entitled under the federal Social Security Act in effect at his disability retirement date, would equal two-thirds of his average final compensation, provided such allowance shall not be less than the amount he would have received under subsections (a) and (b) of this section had the length of service requirement of section 19-100(a) been waived and had the member retired for disability thereunder.
(e)
Any allowance payable to a member under this section shall be reduced by the amount of any weekly payments to which such member is entitled under section 65.2-500 of the Virginia Workers' Compensation Act. That reduction shall not be affected by a compromise or settlement of the workers' compensation claim. The excess of such allowance over such statutory worker's compensation payments, if any, shall be paid to such member. When the time for payment of compensation under such act shall have elapsed, the member shall thereafter receive the full amount of the allowance provided by this section monthly during continued total disability.
(Code 1976, § 20-29; 12-21-92; 6-2-97; 6-5-00(1))
(a)
If the commission, as a result of a medical examination or otherwise, determines that a candidate for disability retirement is not totally and permanently disabled within the meaning of section 19-100(b), but that the candidate is partially disabled to the extent that he is incapacitated from performing the usual and customary duties of his position with the city and that his earnings capacity has been reduced by such partial disability, the candidate shall be awarded an annual partial disability benefit. Such benefit shall not be deemed to be a disability retirement allowance. The commission, based on the best reasonably available medical, financial and other relevant evidence, shall determine the extent, expressed as a percentage, to which the candidate's earning capacity has been reduced as a result of the partial disability which led to his candidacy for disability retirement. Such annual benefit shall be payable monthly to the candidate, commencing on the first day of the month coinciding with or next following his voluntary or involuntary separation from service or transfer to a less remunerative position in city service due to the partial disability, and continuing until the earliest of his death, retirement under the plan for service or disability or attainment of age sixty-five (65) subject to adjustment under section 19-103, so long as the beneficiary remains partially disabled. The amount of each such monthly payment shall be a percentage of the disability retirement allowance to which the beneficiary would have been entitled had he been determined by the commission to be totally and permanently disabled, such percentage to be equal to the percentage of his lost capacity in relation to his former capacity as determined by the commission.
(b)
Any partial disability benefit payable under subsection (a) of this section shall be reduced by the amount of any payments made for the same period to such member as required by the Virginia Workers' Compensation Act, and the excess of such benefit over such required payments, if any, shall be paid to such member. When the time for payment of compensation under such Act shall have elapsed, the member shall thereafter receive the full amount of the benefit provided by subsection (a) of this section, subject to adjustment under section 19-103, during continued partial disability.
(Code 1976, § 20-29.1)
(a)
Effective January 1, 2003 the city may provide for long term disability insurance coverage for employees, as defined in section 19-91. Eligibility for the receipt of long term disability insurance benefits, and the terms and conditions of such benefits, shall be established by contract between the city and a third party insurer.
(b)
No employee shall be eligible for an award of retirement benefits for total and permanent disability pursuant to section 19-101 or partial disability benefits pursuant to section 19-102 for any period of time during which the employee is receiving, or is qualified to receive, long term disability insurance benefits pursuant to this section.
(c)
Any employee who is receiving, or is qualified to receive, long term disability insurance benefits pursuant to this section shall continue to accrue creditable service for purposes of determining eligibility for retirement and, if applicable, the amount of any retirement benefit. Accrual of creditable service pursuant to this section shall terminate on the employee's normal retirement date.
(12-16-02)
(a)
The commission may require any beneficiary of a disability retirement allowance under the plan or of a partial disability benefit to undergo a medical examination by the medical examiners once each year prior to the date on which the beneficiary attains his normal retirement date. Should such a beneficiary refuse to submit to any such medical examination, his retirement allowance or partial disability benefit shall be discontinued during the continuation of such refusal, and should such refusal continue for one (1) year, all of the beneficiary's rights to any further disability retirement allowance or partial disability benefit shall cease.
(b)
Whenever, as a result of an examination of a beneficiary of a disability retirement allowance as provided for in subsection (a) of this section, the medical examiners certify to the commission that such beneficiary is no longer totally and permanently disabled, or if any such beneficiary should be again in service in his former position or any other position with the city at any time prior to his normal retirement date, the disability retirement allowance of such beneficiary shall cease and he shall again become a member of the plan. Any creditable service rendered by the member prior to the date of disability shall thereafter be counted as creditable service and, in addition, the period of disability retirement shall be counted as creditable service.
(c)
Whenever a disability retirement allowance is terminated under subsection (b) of this section but the commission determines that the beneficiary remains partially disabled to the extent that he is still incapable of performing the usual and customary duties of his former position with the city and that his earnings capacity has been reduced by such partial disability, such beneficiary shall be awarded a partial disability benefit in place of the terminated disability allowance. Such partial disability benefit shall be governed in every respect by section 19-102, as though it had been awarded initially in lieu of a disability retirement allowance and shall commence immediately upon termination of the retirement allowance.
(d)
Whenever, as a result of an examination of a beneficiary of a partial disability benefit as provided in subsection (a) of this section, the medical examiners certify to the commission that there has been a significant improvement in the beneficiary's medical condition or a significant deterioration related to the same disability for which the disability retirement allowance or partial disability benefit was initially awarded, and the commission determines that the earnings capacity of the beneficiary has changed, the commission shall increase, decrease or terminate such beneficiary's partial disability benefit, as appropriate.
(e)
Notwithstanding anything to the contrary in sections 19-100, 19-101, 19-102 or this section of this Code, the commission's decision to grant, deny or terminate a disability retirement allowance, or to grant, deny, terminate, increase or decrease a partial disability benefit need never be based solely on reports of the medical examiners. The commission may also consider reports of vocational rehabilitation counselors, financial evidence, the testimony of lay and expert witnesses, whether the candidate or beneficiary is receiving disability benefits under the Virginia Workers' Compensation Act and any other relevant evidence. The commission may require the beneficiary to submit at annual intervals a report on his personal efforts toward rehabilitation, along with a written statement attesting to the fact that there has been no change in his condition which could result in any adjustment to or cessation of his disability retirement allowance or partial disability benefit, or describing any such change which the beneficiary believes has taken place. The commission may also require the beneficiary to submit a copy of his personal and/or business federal income tax return for the preceding year or a sworn statement listing all of his income from employment or working, including self-employment, during such year. Notwithstanding such annual reporting as may be required by the commission, it shall be the duty of any beneficiary of a disability retirement allowance or a partial disability benefit to notify the commission within thirty (30) days of any material change in his medical condition or of any gainful occupation or work in which he becomes engaged. Failure of the beneficiary to furnish the information required by the commission under this subsection in a timely manner or failure of the beneficiary to cooperate with vocational rehabilitation counselors in order to derive maximum benefit from rehabilitation services offered at employer expense, shall constitute grounds for the commission to deny or order cessation of the disability retirement allowance or to deny or order a reduction or cessation of the partial disability benefit to such beneficiary.
(Code 1976, § 20-30)
(a)
Each member shall have the right at any time, not after the later of the effective date of the member's retirement or the date of the written notification to the commission of the retirement of the member, to elect to have his retirement allowance, other than any portion of such allowance that is payable under the provisions of section 19-96(c), payable under one (1) of the options set forth in subsections (b) and (c) of this section, in lieu of the retirement allowance otherwise payable to him upon retirement. The amount of any such optional retirement allowance shall be the actuarial equivalent of the amount of such retirement allowance otherwise payable to the member. The member shall make such an election by written notice to the commission.
(b)
A member may elect to receive a decreased retirement allowance during his lifetime and have such retirement allowance, or a designated fraction thereof, continued after his death to one (1) other person, called a contingent beneficiary, during the lifetime of such contingent beneficiary; provided, however, that the actuarially computed present value of the payments expected to be made to the retired member must be at least one-half (½) of the actuarially computed present value of the combined total payments expected to be made to the retired member and the contingent beneficiary. In the case of a member who retires for disability under the provisions of section 19-100, the election of this option shall not become effective, and need not be made, until he attains the date that would have been his normal retirement date had he remained in service until then.
(c)
A member who retires for early service retirement under the provisions of section 19-95(e) may elect to receive an increased retirement allowance up to the date his primary social security benefit is expected to commence, and a decreased retirement allowance thereafter, thereby providing a more nearly level retirement allowance when such decreased retirement allowance is added to his anticipated primary benefits under the federal Social Security Act.
(d)
The election by a member of any one (1) of the options provided in subsections (b) and (c) of this section shall be null and void if the member dies prior to retirement, or prior to the date the option becomes effective, and the election by a member of the option provided in subsection (b) of this section shall be null and void if the designated contingent beneficiary dies before the member's retirement or before the date the option becomes effective.
(e)
A member who has elected any one (1) of the options provided in subsections (b) and (c) of this section may, at any time prior to the later of the effective date of the member's retirement or the date the option becomes effective revoke such an election by written notification to the commission. The election of any one (1) of such options shall automatically revoke any previous election then in effect.
(f)
The commission may, in its discretion, if the amount of any retirement allowance which would be payable on an optional basis elected pursuant to this section be less than twenty dollars ($20.00) per month, decline to permit election of such option.
(g)
Effective January 1, 1993, notwithstanding anything to the contrary in this article, but subject to any de minimis or other exceptions or limitations provided for under Section 401(a)(31) of the Internal Revenue Code of 1986, as amended, any prospective recipient (whether a member, a surviving spouse, a current or former spouse who is an alternate payee under a qualified domestic relations order or any other person eligible to make a rollover) of a distribution from the plan which constitutes an "eligible rollover distribution" (to the extent otherwise includible in the recipient's gross income) may direct the commission to pay the distribution directly to an "eligible retirement plan". For purposes hereof, the following terms have the meanings assigned to them in Section 401(a)(31) of the Internal Revenue Code of 1986, as amended, and, to the extent not inconsistent therewith, shall have the following meanings:
(i)
The term "eligible retirement plan" means a defined contribution plan which is either an individual retirement account described in Section 408(a) of the Internal Revenue Code of 1986, as amended, an individual retirement annuity described in Section 408(b) of the Internal Revenue Code of 1986, as amended (other than an endowment contract), an annuity plan described in Section 403(a) of the Internal Revenue Code of 1986, as amended, or a qualified trust described in Section 401(a) of the Internal Revenue Code of 1986, as amended, that accepts the prospective recipient's eligible rollover distribution. For distributions made before January 1, 2002, for eligible rollover distribution payable to a member's surviving spouse, an "eligible retirement plan" means only an individual retirement account or individual retirement annuity. Effective for distributions made after December 31, 2001, an eligible retirement plan shall also mean an annuity contract described in section 403(b) of the Internal Revenue Code of 1986, as amended, and an eligible plan under section 457(b) of the Internal Revenue Code of 1986, as amended, which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and which agrees to account separately for amounts transferred into such plan from this plan. Effective for distributions made after December 31, 2001, the definition of eligible retirement plan applicable to a participant shall also apply for a distribution to a participant's surviving spouse and to a participant's spouse or former spouse who is the alternate payee under a domestic relations order accepted by the system. Effective for distributions made after December 31, 2007, an "eligible retirement plan" includes an individual retirement plan described in section 408A of the Internal Revenue Code of 1986, as amended (sometimes referred to as a Roth IRA) provided that for tax years beginning before January 1, 2010, the recipient does not have modified adjusted gross income in excess of one hundred thousand dollars ($100,000.00) and is not married filing a separate return, both as determined under Section 408A(c)(3)(B) of the Internal Revenue Code of 1986, as amended. For distributions made in Plan Years beginning on or after January 1, 2010, in the case of an eligible rollover distribution payable to a non-spouse designated Beneficiary within the meaning of Section 401(a)(9)(E) of the Internal Revenue Code of 1986, as amended, an "eligible retirement plan" means only an "inherited IRA".
(ii)
The term "eligible rollover distribution" means any distribution other than:
(A)
A distribution which is one (1) of a series of substantially equal periodic payments (not less frequently than annually) made either for the life (or life expectancy) of the recipient or the joint lives (or joint life expectancies) of the recipient and his beneficiary who is an individual or for a specified period of ten (10) or more years,
(B)
A distribution to the extent it is required under the minimum distribution requirement of Section 401(a)(9) of the Internal Revenue Code of 1986, as amended, or
(C)
Any other amount which is not considered an eligible rollover distribution for purposes of Section 402(c)(4) of the Internal Revenue Code of 1986, as amended, with respect to the Plan.
(iii)
The term "inherited IRA" means an individual retirement account described in Section 408(a) of the Internal Revenue Code of 1986, as amended, an individual retirement annuity described in Section 408(b) of the Internal Revenue Code of 1986, as amended (other than an endowment contract) or, for Plan Years beginning in or after 2010, an individual retirement plan described in section 408A of the Internal Revenue Code of 1986, as amended (sometimes referred to as a Roth IRA) established for the purpose of receiving the distribution where the individual retirement account or annuity or Roth IRA is treated as an inherited individual retirement account or annuity within the meaning of Section 408(d)(3)(C) or, as applicable, Section 409A(d)(3)(B) of the Internal Revenue Code of 1986, as amended.
Any such direction shall be filed with the commission in such form and at such time as the commission may require and shall adequately specify the eligible retirement plan to which the payment shall be made. The commission shall make payment as directed only if the proposed transferee plan will accept the payment. Any such plan to plan transfer shall be considered a distribution option under this plan and shall be subject to all the usual distribution rules of this plan (including but not limited to the requirement an advance explanation of the option). The commission is authorized in its discretion, applied on a uniform and non-discriminatory basis, to apply any discretionary de minimis or other discretionary exceptions or limitations provided for under Section 401(a)(31) of the Internal Revenue Code of 1986, as amended, in effecting or declining to effect plan to plan transfers hereunder. Within a reasonable time (generally not more than ninety (90) nor less than thirty (30) days) before the benefit payment date of a prospective recipient of an eligible rollover distribution from the plan, the commission shall provide the prospective recipient with a written explanation of the rollover and tax rules required by Section 402(f) of the Internal Revenue Code of 1986, as amended. In the event of a mandatory distribution greater than one thousand dollars ($1,000.00), if the member does not elect to have such distribution paid directly to an eligible retirement plan specified by the member in a direct rollover or to receive the distribution directly in accordance with this section, then the member will pay the distribution in a direct rollover to an individual retirement plan designated by the plan administrator. The commission will select the individual retirement plan in accordance with the safe harbor provisions established under VA Code Section 51.1-803.C., and such provisions shall be interpreted and administered in accordance therewith. This mandatory rollover requirement does not apply to a lump sum payment made to a surviving spouse or former spouse who is an alternate payee under a domestic relations order accepted by the system.
(h)
Should the member die while receiving a retirement allowance under a form of payment with no contingent beneficiary, any excess accumulated contributions as of the effective date of the member's retirement, over the total retirement allowance previously received by him shall be paid to the member's estate.
(i)
Should the contingent beneficiary of a member die while receiving a retirement allowance under a form of payment with a contingent beneficiary, any excess accumulated contributions as of the effective date of the member's retirement, over the total retirement allowance previously received by the member and the contingent beneficiary shall be paid to the contingent beneficiary's estate.
(Code 1976, § 20-31; 6-2-97; 10-16-00(1); 1-17-06(1); 1-3-12; 6-5-17(1))
(a)
Any member who has five (5) or more years of creditable service, who ceases to be a member other than by death or retirement may request and receive a refund of the balance in the member's contribution account reduced by the amount of any retirement allowance previously received by him under the provisions of this article.
(b)
Any person who becomes a member hired after June 30, 2012 who has less than five (5) years of creditable service who ceases to be an employee other than by death shall be paid the balance in the member's contribution account in a mandatory cash-out as soon as administratively practical following his ceasing to be employed by the city or any other employer adopting the plan.
(c)
Upon receipt of a refund of the balance in the member's contribution account, pursuant to (a) and (b) herein:
(1)
Any person who becomes a member hired after June 30, 2012 shall cease to be a member and shall not be entitled to any future benefits. If the person again becomes a member, no creditable service attributable to the refund shall be counted in determining the benefit to be accrued following rehire; and
(2)
Each member, except a person who becomes a member after July 1, 2012 as defined in section 19-91, shall not be entitled to any benefit attributable to creditable service or increases in average final compensation after June 30, 2017.
(1-3-12; 6-5-17(1))
(a)
Should a member hired after June 30, 2012 die in service before completing at least five (5) years of creditable service, the member's beneficiary shall receive a refund of the balance in the member's contribution account.
(b)
Should a member die in service at any time before retirement and after either becoming eligible for early service retirement under section 19-95(e), or completing at least thirty (30) years of creditable service, the member's surviving spouse if any, shall receive a retirement allowance payable monthly for the life of such spouse. Such allowance shall be in the same amount and shall commence at the same date as the retirement allowance that would have been payable to the member, computed in accordance with section 19-96, subsections (a) and (b), whichever is applicable, had the member survived and retired on the first day of the month coinciding with or next following the date on which his death occurred after having elected an allowance paid under the full joint and last survivor option provided for in section 19-104(b), with his surviving spouse designated as contingent beneficiary. In the case of a member who had not become eligible for early service retirement at his date of death, it shall be assumed that the requirements of section 19-95(e) were such that he would have been eligible for early service retirement and that the retirement allowance payable in such event would be reduced by ½% for each complete month in the period between the member's date of death and a date five (5) years prior to his normal retirement date.
(c)
Should a member die in service at any time after July 1, 2000 and after completing five (5) years of creditable service and before either becoming eligible for early service retirement under section 19-95(e), or completing at least thirty (30) years of creditable service, the member's surviving spouse, if any, shall receive a retirement allowance payable monthly for the life of such spouse. Such allowance shall commence at the same date as the retirement allowance that would have been payable to the member, computed in accordance with section 19-96, subsection (b), had the member survived and retired on the first day of the month coinciding with or next following the date on which the member's death occurred after having elected an allowance paid under the one-half (½) joint and survivor option provided for in section 19-104(b), with the surviving spouse designated as contingent beneficiary.
(d)
Any allowance payable to the member's surviving spouse under this section shall be reduced by the amount of any payments made to such member's surviving spouse as required by the Virginia Workers' Compensation Act, and the excess of such allowance over such required payments, if any, shall be paid to the member's surviving spouse. When the time for payment of compensation under such act shall have elapsed, the member's surviving spouse shall thereafter receive the full amount of the allowance, as provided by subsections (a) and (b) of this section, monthly during such spouse's lifetime.
(e)
For any member hired after June 30, 2012, whose surviving spouse receiving an allowance payable under the provisions set forth above dies, any excess balance in the member's contribution account as of the date of the member's death, over the total survivor allowance paid to the member or surviving spouse shall be paid to the spouse's estate.
(Code 1976, § 20-32; 6-2-97; 6-5-00(1); 1-3-12)
(a)
Upon retirement after July 1, 2000, an employee shall be eligible for life insurance in the amount of his or her basic life insurance provided by the city at his or her date of retirement. Effective the first of each month thereafter, the benefit amount of life insurance shall be reduced by 2% until it reaches one-half (½) of the amount at time of retirement. However, in the case of a person who becomes a member after June 30, 2012, such person shall be eligible for such life insurance only if the employee has at least ten (10) years of creditable service. Further, the benefit amount of such person's life insurance upon retirement shall be reduced effective the first of each month thereafter by 3% until it reaches one-half (½) the amount of their final salary as of the date of retirement.
(b)
Every employee initially employed by the city on or after January 1, 1978 who has retired, is receiving a benefit as of July 1, 2000, and was covered by the city's group life insurance program at the time of retirement, shall no longer be eligible for a post-retirement lump sum benefit from the retirement fund but shall be eligible for life insurance as set forth in subsection (a).
(Code 1976, § 20-32.1; 12-21-92; 6-5-00(1); 1-3-12; 7-1-13)
(a)
In addition to the monthly allowances payable under sections 19-96, 19-101, 19-104, 19-105 and 19-152 post retirement supplements shall be payable in accordance with the provisions of this section to the recipients of such allowances. Such supplements shall be subject to the same conditions of payment as are such allowances. Notwithstanding the foregoing, in the case of monthly allowances that begin after June 30, 2017, post retirement supplements shall be payable pursuant to the provisions hereof only if the member is credited with at least fifteen (15) years of credible service and the monthly allowance begins immediately following termination of employment in the case of a service retirement or upon the cessation of disability benefits.
(b)
The amounts of the post retirement supplements provided for hereunder shall be determined as percentages of the allowances then being paid, including any applicable previous supplements.
(c)
Amounts of post retirement supplements shall be determined initially as of July 1, 1976, and subsequently as of any July 1 as of which the city council shall have determined a further adjustment to be needed, provided an amount sufficient to pay the cost of any necessary increase in the amount of the post retirement supplements being paid shall have been appropriated. No change in the amount of any post retirement supplement shall be effected between determination dates except as necessary to reflect changes in the amount of the allowance being supplemented, to the end that any post retirement supplement shall remain a constant percentage of the respective allowance being supplemented, nor shall any new post retirement supplement be commenced except as of a determination date. The post retirement supplement determined shall become effective as of the payment date next following such determination date for members who have retired on or before the determination date, except that, in the case of monthly allowances that begin after June 30, 2017, the post retirement supplement shall not be effective earlier than the first anniversary of the payment commencement date.
(d)
The city council shall make an annual review of the post retirement supplements being paid in accordance with this section and shall determine whether or not the following July 1 shall be a determination date as of which the amounts of such supplements shall be recomputed.
(Code 1976, § 20-33; 9-19-05(2); 6-5-17(1))
No former member who has retired and is, on December 31, 1983, receiving a service retirement allowance pursuant to the provisions of the plan as in effect on such date, shall receive after that date a smaller retirement allowance due to the change in the benefit formula in section 19-96 which shall become effective January 1, 1984.
(Code 1976, § 20-34)
Any beneficiary may, by a waiver signed by such beneficiary and filed with the commission and approved by it, decline to accept any part or all of the benefits to which he is entitled under this article. Such waiver may be revoked at any time by a written revocation filed with the commission, but no payment of the waived benefits shall be made covering the period during which such waiver was in effect. Any such waiver or revocation of waiver shall become effective on the first day of the month following the date of the meeting of the commission at which such waiver or revocation of waiver is approved.
(Code 1976, § 20-35)
(a)
Should any change or error in records result in any member or beneficiary receiving from the plan more or less than he would have been entitled to receive had the records been correct, then on discovery of such error the commission shall correct it, and as far as practicable, shall adjust the payments in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid.
(b)
Except as otherwise provided herein and in section 19-103, the fact that a former member is employed after retirement will not affect the payment of the benefits to which he or she is entitled under the provisions of this article. However, should a former member be again employed by the city full-time or part-time at any time subsequent to retirement under Article IV of Chapter 19 of this Code so that he actually works in excess of one thousand (1,000) hours in any calendar year, his retirement allowance shall thereupon cease; he shall resume the status of a member of the plan, and his previous period of creditable service shall be reestablished. Any benefits which may become payable thereafter under any of the provisions of this article upon subsequent retirement or death shall be computed in accordance with the applicable provisions of this article as if the previous retirement had not occurred based on the total of his creditable service before and, if applicable, after his period of retirement.
(Code 1976, § 20-36; 12-20-93)
(a)
The city council reserves the right to alter, amend or repeal any provision of this article or any application thereof to any person; provided, however, that the amount of benefits which at the time of any alteration, amendment or repeal shall have accrued for the members or beneficiaries shall not be affected thereby, except as otherwise provided under subsection (c) of this section.
(b)
If the city council repeals the provisions of this article, the commission shall continue to administer the plan in accordance with the provisions of this article for the sole benefit of the then members, any beneficiaries then receiving retirement allowances and any person, entitled to receive benefits in the future under one (1) of the options provided for in this article, who is designated by any of such members.
(c)
In the event of repeal as provided in subsection (b) of this section, if the plan is not to be replaced by another retirement program, the assets of the retirement fund shall be allocated by the commission in an equitable manner to provide benefits for the persons designated in subsection (b) of this section in accordance with the provisions of this article, and in the following order:
(1)
For the benefit of the beneficiaries and persons already designated by former members who are then beneficiaries under one (1) of the options provided for in this article to the extent of the then actuarial value of their retirement allowances. If any funds remain; then,
(2)
For the benefit of members and persons, if any, designated by the members under one (1) of the options provided for in this article, to the extent not provided under paragraph (1) above, of the then actuarial value of their accrued retirement allowances, based on years of creditable service, average final compensation and anticipated social security benefits as of the date of repeal. The allocation under paragraph (2) shall be on the basis of the oldest ages first method.
In the event the assets at such date of repeal are insufficient to provide all of the benefits of paragraph (1) above, then the city shall contribute to the assets from time to time, as and when required, the amount necessary to make up such insufficiency.
(d)
The allocation of assets of the retirement fund provided for in subsection (c) of this section shall be carried out through payment by the commission of the benefits provided for in this section as they become due. Any funds remaining in the retirement fund after all of the vested benefits provided by this section have been paid shall revert to the city.
(e)
Any allocation of assets made in accordance with the provisions of subsection (c) of this section shall be final and binding on all persons entitled to benefits under such provisions.
(f)
In the event of repeal as provided in subsection (b) of this section, if the plan is to be replaced by another retirement program, the assets of the retirement fund shall be transferred to such other program.
(g)
In the event of repeal, or termination or complete discontinuance of contributions under the plan, the rights of all employees to benefits accrued to the date of such repeal, termination or discontinuance, to the extent then funded, or the amounts then credited to the employees' accounts, shall be non-forfeitable.
(Code 1976, § 20-37; 6-5-17(1))
Any other provision of this article to the contrary notwithstanding, the membership of the plan shall include those employees of the Charlottesville-Albemarle Regional Jail Board who were employees of the city prior to November 1, 1974, and whose employment was transferred to such board on or about that date. For such employees, their service for the Charlottesville-Albemarle Regional Jail Board and their compensation received from such board shall be treated as creditable service and creditable compensation respectively, to the same extent as if they had remained employees of the city during their respective periods of employment with the Charlottesville-Albemarle Regional Jail Board, and they shall be entitled to benefits under the provisions of this article to the same extent as other members, with the following exceptions:
(1)
Item (1) in section 19-96(a) and item (1) in section 19-101(a) shall each be considered to be zero;
(2)
No benefits shall be payable in the event of retirement pursuant to section 19-100(c) nor shall any benefits be payable under the provisions of section 19-101; and
(3)
The amount of any other benefit payable under the provisions of this article shall be determined as the product of a. multiplied by b. following:
a.
The amount of the benefit determined in accordance with the applicable provisions of this article, multiplied by
b.
The ratio that the member's period of creditable service rendered as a city employee bears to his total period of creditable service with the city and the Charlottesville-Albemarle Regional Jail Board.
(Code 1976, § 20-38)
Cross reference— Regional jail board, § 2-366 et seq.
City employees who work at least twenty (20) hours per week, other than temporary or seasonal employees, are eligible to participate in the city's group insurance plan for health care coverage.
(Code 1976, § 20-39(a); 10-16-00(1))
Full-time eligible employees are eligible to receive basic health care coverage at city expense, but the city reserves the right to offer extra coverage at employee expense.
(1)
Eligible employees who work thirty (30) to thirty-nine (39) hours per week are eligible to receive basic health care coverage if they pay twenty-five (25) percent of the cost; the city will pay the remainder.
(2)
Eligible employees who work twenty (20) to twenty-nine (29) hours per week are eligible to receive basic health care coverage if they pay fifty (50) percent of the cost; the city will pay the remainder.
(Code 1976, § 20-39(b); 10-16-00(1))
Those employees eligible for health care coverage are also eligible to enroll family members in the plan at employee expense and subject to certain age, residence and other restrictions which may vary from time to time.
(Code 1976, § 20-39(c))
(a)
Effective January 1, 1985 city contributions to the expense of any employee's health care coverage shall cease as of the last day of the month during which any such employee leaves city service without retiring either for service or disability, even if such employee may be a vested member of the city's supplemental retirement or pension plan and eligible to retire under such plan in the future. However, coverage may continue during the period that coverage is required to be available on a continuation basis pursuant to the Public Health Services Act, if the former employee or other qualified beneficiary pays 100% of the cost plus a 2% administrative fee, if charged by the city.
(b)
All employees eligible for city health care coverage on December 2, 2002 who continue to work for the city until they retire for service or disability, shall remain eligible in retirement for city health care coverage on the same terms and conditions as active employees who are eligible for coverage, but the city reserves the right to amend the plan from time to time as it deems appropriate.
(c)
Any city employee who (i) retires for service or disability on or before December 2, 2002 and (ii) who, immediately prior to their effective date of retirement, was eligible for city health care coverage, shall remain eligible in retirement for city health care coverage on the same terms and conditions as active employees who are eligible for coverage.
(d)
Employees who begin city employment on or after December 3, 2002 but before June 30, 2012, shall be eligible to continue in the city's health care plan following retirement for service or disability upon payment of a portion of the cost of such membership. Each year the city will determine the amount of its contribution to the premium costs of health care coverage for individual employees. For employees who retire with five (5) years of service and elect to continue in the city's health care plan after retirement, the city will pay 20% of the annual contribution amount. For employees who retire with more than five (5) years of service, the city will pay an additional 4% of the annual contribution amount for each additional full year of service completed as of the effective date of retirement up to a maximum of 100% of the annual contribution amount.
The retiree will be required to pay the remaining percentage of the city's annual contribution and the additional premium or cost, if any, of the health care plan selected as a condition of membership in the plan.
(e)
Employees who begin city employment after June 30, 2012 shall be eligible to continue in the city's health care plan following retirement for service or disability until such employee becomes eligible to elect Medicare, upon payment of a portion of the cost of such membership. Each year the city will determine the amount of its contribution to the premium costs of health care coverage for individual employees. For employees who retire with ten (10) years of service and elect to continue in the city's health care plan after retirement, the city will pay 40% of the annual contribution amount. For employees who retire with more than ten (10) years of service, the city will pay an additional 4% of the annual contribution amount for each additional full year of service completed as of the effective date of retirement up to a maximum of 100% of the annual contribution amount.
The retiree will be required to pay the remaining percentage of the city's annual contribution and the additional premium or cost, if any, of the health care plan selected as a condition of membership in the plan.
(f)
Notwithstanding the foregoing, employees who elect pursuant to subsection 19-94(c) of Article IV of this chapter to participate in the optional defined contribution plan adopted pursuant to that subsection, shall be eligible to enroll, at the retiree's expense, in the health care coverage offered through the city following retirement under such plan.
(g)
(1)
An employee enrolled in the health care plan who retires for service or disability prior to July 1, 2013 may elect to enroll a family member in the plan at the retiree's sole expense, provided such election is made prior to the date of retirement. For employees retired on or before July 1, 2010, such election shall be made on or before July 1, 2010.
(2)
Effective July 1, 2013, an employee enrolled in the health care plan who retires for service or disability may elect to continue the enrollment of a family member in the plan at the retiree's sole expense, provided (i) such election to continue enrollment of the family member is made prior to the date of retirement; and (ii) the family member has been enrolled in the health care plan for no less than thirty-six (36) consecutive months immediately prior to the employee's retirement date.
(3)
Any spouse or other family member who is enrolled in the city's health care plan at the time of the retiree's death may continue as a member of the plan upon payment of the applicable premium.
(h)
Notwithstanding the foregoing, enrollment of a retiree's family members is subject to certain restrictions that may vary from time to time, and the city reserves the right to amend its health care coverage plan from time to time as the city in its discretion deems appropriate.
(Code 1976, § 20-40; 6-2-97; 3-2-98; 10-16-00(1); 12-2-02(2); 3-1-10(2); 1-3-12)
(a)
The group insurance plan for health care coverage will be monitored and reviewed by the department of human resources and other city staff on a regular and frequent basis with a view toward recommendations for change which may increase its appropriateness in serving employee and employer needs and its cost-effectiveness. Changes may be implemented from time to time by the city manager, as deemed appropriate.
(b)
The city reserves the right to amend the plan from time to time as it deems appropriate, changing coverages, deductibles, payment schedules, eligibility waiting periods and other incidents of the plan, which changes may increase or decrease the value of the benefit to individual employees.
(Code 1976, §§ 20-39(a), 20-41)
(a)
Pursuant to Virginia Code § 15.2-1544, there is hereby established a trust fund for the purpose of accumulating and investing assets to fund post-employment benefits other than pensions, as defined herein. Deposits to the trust shall be irrevocable, and shall be dedicated to providing benefits to retirees and their beneficiaries in accordance with the terms of the city's plans or programs providing post-employment benefits other than pensions.
(b)
City council may make appropriations to the trust fund established herein, and may require active and former employees covered by the city's post-employment benefit plans or programs to contribute to the trust fund through payments or deductions from their wages, salaries or pensions.
(Ord. of 7-2-07(3), eff. 7-7-07)
(a)
Nothing herein shall be construed as precluding the city council from revising or discontinuing, as it may deem necessary, the city's existing plans or programs providing post-employment benefits other than pensions, or from transferring any assets held in the trust established herein to any other trust, trusts, or equivalent arrangement established pursuant to Virginia Code § 15.2-1544; provided, however, that any amendment, suspension or revocation of any city plan or program providing post-employment benefits other than pensions or transfer of trust assets shall not have the effect of diverting the assets of the trust to purposes other than the exclusive benefit of the active or former employees or their dependents or beneficiaries entitled to such post-employment benefits.
(b)
In the event that the city council terminates or repeals all plans or programs providing such post-employment benefits other than pensions for which the trust has been established, there shall be no continuing obligation to appropriate money to, or otherwise fund, such trust. The remaining assets of the trust shall be used to provide any benefits continuing to be due to active and former employees and their dependents and beneficiaries under the city's plans or programs. If there are no active or former employees or dependents or beneficiaries due a benefit under the city's plans or programs providing post-employment benefits other than pensions for which the trust was established, the remaining trust assets shall revert to the city.
(Ord. of 7-2-07(3), eff. 7-7-07)
Post-employment benefits other than pensions covered by the trust shall include medical or health care insurance, dental insurance and life insurance provided to eligible individuals who have retired from city service pursuant to the provisions of this chapter, and to the dependents and beneficiaries of such individuals.
(Ord. of 7-2-07(3), eff. 7-7-07)
(a)
The city retirement commission, established pursuant to Article III of this chapter (City Code sections 19-56 et seq.) is hereby designated to serve as trustee of the trust for post-employment benefits other than pensions, with the authority to manage and invest the assets of the trust.
(b)
In managing the assets of the trust the retirement commission shall:
(1)
Retain the services of a qualified investment manager;
(2)
Invest the trust assets in a manner consistent with the provisions of this ordinance and the applicable provisions of state law;
(3)
Maintain records of all of its proceedings, and make such records available for inspection by the public; and,
(4)
Provide the city council an annual report of the fund's performance and financial status.
(c)
In lieu of acting as trustee of the trust, the retirement commission is authorized to name the investment manager of the trust funds as trustee.
(Ord. of 7-2-07(3), eff. 7-7-07)
All funds appropriated to the trust for post-employment benefits other than pensions and all funds accrued from the investment of any such funds that are on hand at any time and are not necessary for the immediate payment of benefits shall be invested by the retirement commission, or by the investment manager serving as trustee of the funds. All such funds shall be invested in accordance with the prudent person standard established by Virginia Code § 51.1-803, and such investments shall not be limited by the provisions of Virginia Code § 2.2-4500, et seq.
(Ord. of 7-2-07(3), eff. 7-7-07)
The assets of the trust for post-employment benefits other than pensions shall be exempt from state and local taxation, and shall not be subject to execution, attachment, garnishment or any other process.
(Ord. of 7-2-07(3), eff. 7-7-07)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
Disability means a physical or mental illness or injury that incapacitates an employee from performing one (1) or more of the usual and customary duties of the employee's own job on a full-time basis, where such incapacity is likely to be permanent.
Primary Social Security benefit means the primary insurance amount to which the employee is entitled, for age or disability, pursuant to the provisions of the federal Social Security Act as in effect at the employee's date of retirement.
Public safety employee means any police officer, firefighter, sheriff or deputy sheriff.
Salary means an employee's approved base pay at the time the employee becomes disabled, without career development pay, overtime compensation, or any other additional amount above the amount of base pay.
Work related disability means any disability, as defined herein, incurred by a public safety employee for which benefits are payable under the Virginia Workers' Compensation Act, where the City is the employer.
(9-19-05(2))
(a)
Any public safety employee in service may retire, or may be retired by his appointing authority, at any time prior to the employee's normal retirement date on account of a work related disability upon written notification to the commission made by the member or by the appointing authority setting forth at which date the retirement is to become effective. The effective date of retirement shall be after the employee's last day of performing his usual and customary duties on a full time basis but shall not be more than ninety (90) days prior to the filing of the notice of retirement. The commission may waive the ninety (90) requirement upon a showing of good cause.
(b)
A candidate for disability retirement pursuant to this article shall be considered disabled if:
(1)
As a result of an examination of the candidate by the medical examiners and / or by means of other satisfactory evidence the commission finds that the candidate meets the definition of disability set forth in this article, and that the employee's incapacitating injury or illness is compensable under the provisions of the Virginia Workers' Compensation Act; or,
(2)
The commission has satisfactory evidence that the candidate is eligible for and is, or soon will be, receiving total and permanent disability benefits under the provisions of the federal Social Security Act as the result of a work related disability.
(9-19-05(2))
(a)
Upon retirement for a work related disability, a public safety employee shall receive an annual retirement allowance during his lifetime and continued disability, until ending as provided in section 19-156(b). The amount of the disability retirement allowance shall be equal to the following:
(1)
Sixty-six and two-thirds (66 2/3 ) percent of the employee's final salary if the employee does not qualify for primary social security benefits under the provisions of the Social Security Act in effect on the date of his retirement;
(2)
Fifty (50) percent of the employee's final salary if the employee qualifies for primary Social Security benefits under the provisions of the Social Security Act in effect on the date of his retirement; or,
(3)
One and seventy one-hundredths (1.70) percent of his final salary multiplied by the smaller of (a) twice the amount of his creditable service or (b) the amount of creditable service he would have completed at age sixty (60) if he had remained in service to that age. If the employee has already attained age sixty (60), the amount of creditable service at his date of retirement shall be used. This subsection (3) shall only be used if it results in a greater allowance than either subsection (1) or (2), as applicable.
(b)
The annual disability retirement allowance shall also include any post retirement cost of living supplement provided for all city retirees pursuant to section 19-107.
(9-19-05(2))
Any award of a disability retirement allowance pursuant to the provisions of this article shall be subject to the review and cessation provisions of section 19-103(a), (b) and (e).
(9-19-05(2))
(a)
Any disability retirement allowance payable pursuant to the provisions of this article shall be reduced by the amount of any payments under the provisions of the Virginia Workers' Compensation Act in effect on the date of retirement of the employee, and the excess of the allowance shall be paid to the employee. When the time for compensation payments under the Act has elapsed, the employee shall receive the full amount of the allowance payable during his lifetime and continued disability, until eligible to retire under age and service requirements.
(b)
If the employee's workers' compensation payments are adjusted or terminated for refusal to work or to comply with the requirements of Virginia Code § 65.2-603, the disability retirement allowance shall be computed as if the employee was receiving the compensation to which he would otherwise be entitled.
(c)
The disability retirement allowance of any employee who elects to receive a lump-sum settlement in lieu of periodic payments under the Virginia Workers' Compensation Act shall be adjusted by an amount determined by dividing the workers' compensation benefit which such employee would have received had the lump-sum settlement not been consummated, into the settlement actually accepted by the employee.
(9-19-05(2))
(a)
If any person receives a disability retirement allowance under this article and subsequently becomes employed, whether full time or part time, the allowance received shall be reduced by the amount of income received which exceeds the difference between the benefits received under this article and the amount of pay to which the employee would have been entitled had the member's employment progressed in the same rank and grade with credit for the level of seniority the employee would have attained had the employee not been disabled. For purposes of this section, increases in the amount of pay to which the employee would have been entitled will be equal to the general wage, cost of living, or average pay for performance increase for personnel in the employee's former department. The reduction shall continue until the disability retirement allowance ends pursuant to section 19-156(b).
(b)
Any person receiving a disability retirement allowance under the provisions of this article shall, upon request, on or before May 1 of each year, provide a copy of all W-2 forms showing income received, or a statement under oath as to whether the employee has received compensation for work performed in the previous calendar year, to the commission. Refusal to provide such documents shall be grounds for termination of the allowance under this article until such documents are produced. Production of the documents may be required until the person would have been eligible for normal retirement had the person remained uninjured.
(9-19-05(2))
(a)
Any person receiving a disability retirement allowance pursuant to this article shall continue to accrue creditable service for purposes of determining eligibility for retirement and, if applicable, the amount of any retirement benefit, regardless of whether the employee continues in active service with the city.
(b)
The disability retirement allowance provided pursuant to this article shall end at such time as the employee reaches his normal retirement date as defined in section 19-91, or, at the option of the employee, at such time as the employee has completed five (5) or more years of creditable service and is at least fifty-five (55) years of age, or has completed twenty-five (25) years of creditable service and is at least fifty (50) years of age.
(c)
At such time as the disability retirement allowance ends pursuant to subsection (b), the employee shall be entitled to receive the same pension and benefits to which he would have been entitled had he not been injured, and remained a regular full time employee of the city; provided, however, that the employee will be entitled to the additional annual allowance under section 19-96 (c) only if he has completed twenty (20) years or more of creditable service, including creditable service accruing pursuant to subsection (a) for time not actually worked for the city.
(9-19-05(2))
(a)
Any public safety employee eligible to receive benefits under this article shall be ineligible to receive long term disability benefits pursuant to section 19-102.1.
(b)
Any public safety employee who incurs a work related disability may elect to apply for total and permanent disability retirement pursuant to section 19-100 or partial disability benefits pursuant to section 19-102, in lieu of the allowance provided by this article. The receipt of benefits under 19-100 or 19-102 shall permanently disqualify the employee from receiving a disability retirement allowance under this article for the same injury or illness.
(9-19-05(2))
(a)
The provisions of section 19-111 regarding the alteration, amendment or repeal by city council of any provision of Article IV shall also apply to this article, as if fully set out herein.
(b)
The provisions of this article shall apply to any individual employed by the city as a public safety employee on or after July 1, 2005.
(9-19-05(2))
The police force shall be under the control of the city manager for the purpose of enforcing peace and order and for the execution of the laws of the state, this Code and other ordinances of the city and the performance of such other duties as the city council may prescribe.
(Code 1976, § 21-2)
The city manager shall appoint a chief of police, such appointment to be approved by the city council. The city manager, with the advice of the chief of police, shall appoint such other officers as may be deemed necessary.
(Code 1976, § 21-1)
(a)
The chief of police shall be the chief executive of the police department, but he shall always be subject to the orders and regulations of the city manager and the city council. He shall be under the control of the city manager and the city council for the purpose of enforcing peace and order and executing the laws of the state and ordinances of the city. It shall be the duty of the police force to respect and obey orders of the chief not in conflict with this chapter.
(b)
The chief shall be responsible for the good order of the city and for the general good conduct of the members and officers of the police force. He shall cause to be served all processes directed to him by a magistrate or the judge of the district court and all orders of the city manager.
(Code 1976, § 21-3)
The chief of police shall have the authority to promulgate rules and regulations for the conduct of the members of the police department. Such rules and regulations shall be subject to the approval of the city manager and shall be in conformity with the laws of the state, the Charter and the provisions of this Code.
(Code 1976, § 21-4)
(a)
Pursuant to the authority of Code of Virginia, section 19.2-389A.7, the chief of police and any designee of the chief are hereby authorized and directed to request criminal history record information from the central criminal records exchange, a division of the department of state police, on behalf of the city manager or the director of human resources in order to complete an investigation of an applicant for city employment or an applicant for a permit or license whenever, in the judgment of the city manager or director of human resources, it is necessary in the interest of public welfare or safety to determine whether the past criminal conduct of an individual with a conviction record would be compatible with the nature of the employment, permit or license under consideration.
(b)
Criminal history record information received by the police department from the central criminal records exchange for the purpose stated in subsection (a) of this section, as well as criminal history record information from city police files, if such information is requested for the same purpose, shall be transmitted in confidence to the requesting official with clear instructions as to the limited purpose for which such information may be used. The chief of police shall establish appropriate procedures regarding subsequent filing, return or destruction of such information as necessary to safeguard against its abuse.
(Code 1976, § 21-4.1)
All equipment issued by the city to police officers shall be charged to them, and each member shall be held accountable for the safe return of whatever is furnished him.
(Code 1976, § 21-5)
(a)
Police officers and deputy sheriffs may engage in off-duty employment which may require the use of their police powers in the performance of such employment.
(b)
The chief of police shall have the authority to promulgate reasonable rules and regulations applicable to off-duty employment of police officers and the sheriff shall have the authority to promulgate reasonable rules and regulations applicable to off-duty employment of deputy sheriffs.
(Code 1976, §§ 21-14—21-16)
State Law reference— Authority for above section, Code of Virginia, § 15.1-133.1.
(a)
Any person who is arrested or summoned to appear before the judge of the district court shall, upon request of any police officer, disclose his name and address. No person shall, in such case, give a false name or address.
(b)
A violation of this section shall constitute a Class 1 misdemeanor.
(Code 1976, § 21-6)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
State Law reference— Giving false reports to police, Code of Virginia, § 18.2-461.
(a)
No person shall fail or refuse to assist a police officer, when called upon so to do by such officer in the discharge of his duty.
(b)
A violation of this section shall constitute a Class 2 misdemeanor.
(Code 1976, § 17-21)
Cross reference— Penalty for Class 2 misdemeanor, § 1-11.
State Law reference— Refusal to aid officer, Code of Virginia, § 18.2-463.
Any person who willfully interferes with the lawful performance of an animal owned by the police department in a police activity shall be guilty of a Class 2 misdemeanor. Any person who willfully touches such an animal in any manner after being directed not to do so by a police officer shall be guilty of a Class 4 misdemeanor.
(Code 1976, § 17-20.1)
Cross reference— Penalty for Class 2 or 4 misdemeanor, § 1-11; cruelty to animals, § 4-11.
State Law reference— Killing or injuring police animals, Code of Virginia, § 18.2-144.1.
The chief of police may accept a designation by the owner, lessee, custodian, or person lawfully in charge as those terms are used in Va. Code § 18.2-119, of real property located within the city, designating the Charlottesville Police Department as a "person lawfully in charge of the property" for the purpose of forbidding another to go or remain upon the lands, buildings or premises of the owner as specified in the designation. Any such designation shall be in writing and shall be kept on file with the Charlottesville Police Department. The chief of police shall promulgate rules, regulations and/or a procedure for the acceptance and use of such designation.
(6-19-00(3); 7-20-15(1))
This council hereby finds that sub-standard alarm systems, and the false alarms associated with them, constitute a hazard to the police and to the public in general. The regulation of alarm systems and false alarms is necessary to promote the health, safety and welfare of the citizens of the City of Charlottesville. False alerts of intrusions or robberies increase the city's police operational costs, divert police resources from other critical areas, and increase the opportunities for auto collisions and other incidents en route to the site of false alarms. Toward the end of preserving the integrity and efficiency of the city's emergency police response services, those who utilize automatic alarm systems must be required to maintain those systems in good working order and to promptly repair any defects which may cause those systems to trigger false alarms.
(6-3-96)
Unless otherwise specifically provided, a violation of any provision of this article shall constitute a Class 4 misdemeanor.
(6-3-96)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alarm system means any device or assembly of equipment and devices (including, but not necessarily limited to, any automatic communication device) that will, upon activation, cause an audible, visible or other signal to register at any office of the city, its police department, or its emergency communications center, and which has been assembled or combined to alert police to an unlawful entry or other activity requiring an immediate police response.
Alarm user means any person or entity (but not a governmental agency or department) owning or leasing an alarm system or the premises on which such alarm system is maintained.
Automatic communication device means any device or combination of devices that will, upon activation, either mechanically, electrically, automatically or by any other means, initiate the intrastate calling, dialing or connection to a telephone number, line or other instrument assigned to the city, its police department, or its emergency communications center.
False alarm means the activation of any alarm system, eliciting a response from the city police department when, in fact, a situation requiring such response (i.e., involving actual or threatened criminal activity constituting an immediate danger to life or property) does not exist, and such activation is through mechanical or electronic failure, malfunction, improper installation, and/or the negligence of the alarm user, his employees or agents. The term shall not include an alarm caused by unusually violent conditions of nature, electrical power disruptions or failure of equipment at the city's police emergency operations center.
(6-3-96)
(a)
No person or entity shall use, operate, install or maintain an alarm system at any location in the city without first complying with the provisions of section 20-35 of this article.
(b)
No person or entity shall use an alarm system when permission to use such system has been denied or revoked pursuant to section 20-37 herein, and no person or entity shall fail to disconnect such alarm system within ten (10) days after such denial and/or revocation.
(c)
No person or entity shall install, use or maintain on any premises within the city any alarm system which delivers, or causes to be delivered, any pre-recorded message(s) to any telephone number or line assigned to the city, its police department or its emergency communications center.
(d)
No person or entity shall cause an automatic communication device to be installed on or connected to any telephone line leading into a city building, other than a line specified or designated by the chief of police for such purpose.
(6-3-96)
(a)
Prior to installing, using or maintaining any alarm system on any premises within the city, an alarm user shall provide the following information, in writing, to the chief of police:
(1)
The street address of the premises at which the alarm system is to be installed or used ("premises"); the name, mailing address and telephone number of the owner of such premises; and the name and mailing address of an individual (alarm user or alarm user's designee) to whom notices regarding the alarm system may be sent; and
(2)
The name(s), address(es) and telephone number(s) of at least two (2) individuals who will have day-to-day responsibility for the premises and alarm system, who will be immediately available to be contacted in the event an alarm is activated, and who is authorized and able to deactivate the alarm system; and
(3)
A description of the specific type of alarm system, manufacturer's name, and the name and telephone number of the alarm company monitoring, responding to or maintaining the alarm system.
(b)
When possession of the premises at which an alarm system is maintained is transferred, the person or entity obtaining possession of the premises shall be required to comply with the registration requirements of section 20-35(a) hereinabove.
(c)
Whenever the information provided by an alarm user pursuant to section 20-35(a) changes, the correct information must be provided by the alarm user to the police chief within thirty (30) days of the change.
(6-3-96)
(a)
In the event that more than three (3) false alarms are generated by its alarm system within any six-month period, an alarm user shall be charged, and shall pay, a fee of one hundred dollars ($100.00) for the fourth and each subsequent false alarm that results in a police response during that six-month period.
(b)
In the event that any alarm user fails to de-activate an alarm system within one (1) hour after being notified by police that such alarm system has been activated, that alarm user shall be charged, and shall pay, a fee of twenty-five dollars ($25.00). This fee shall be in addition to any charges which may be imposed pursuant to paragraph (a), above, in this section.
(c)
The fees authorized in this section have been calculated to represent the costs, based on average time, manpower, and equipment utilized, incurred by city police personnel in monitoring and responding to alarm signals generated by alarm systems within the city.
(d)
All fees owed by an alarm user pursuant to this section shall be made payable to the city treasurer, and shall be received by the chief of police or his designee within ten (10) days from the date notice of the imposition of such fee is given, in writing, to the alarm user. An alarm user who is delinquent in payment of any fee(s) after the ten-day grace period shall receive no police emergency response to signals generated by its alarm system until such debt has been satisfied.
(6-3-96; 4-13-04(4), § 1)
(a)
An alarm user may be denied permission to install, use, operate or maintain any alarm system within the city, and may be required to disconnect and/or disable any such alarm system, upon a written determination by the chief of police or his designee that the installation, use, operation and/or maintenance of the alarm system would constitute an unreasonable burden on police resources. Any alarm system which generates ten (10) or more false alarms within any four-day period of time and/or which, within the preceding six (6) months has generated an average of five (5) or more false alarms per month, shall be deemed an unreasonable burden on police resources.
(b)
Permission to use, operate and/or maintain any alarm system shall be deemed denied and/or revoked pursuant to paragraph (a) of this section as of the date a certified letter identifying the basis of the police chief's determination is mailed to the alarm user. Such notice shall be mailed to the most recent address of record provided by an alarm user pursuant to section 20-35.
(c)
Upon denial or revocation of an alarm user's permission to install, use, operate or maintain an alarm system, an alarm user shall not be eligible to install, use, operate or maintain any alarm system at the same location within the city until the expiration of six (6) months after the denial and/or revocation.
(d)
Upon conviction of a misdemeanor pursuant to section 20-32 of this article, an alarm user's permission to install, use, operate and/or maintain any alarm system within the city shall automatically be revoked, without the requirement of any notice from the city or its chief of police. Any alarm user so convicted shall not be authorized to install, use, operate or maintain any alarm system within the city until the expiration of six (6) months from the date of any such conviction.
(e)
An alarm user who wishes to appeal any fee imposed for a false alarm, or any denial or revocation of permission to install, use, operate and/or maintain any alarm system (including an order to disconnect or disable such alarm system) may appeal such action to the city manager as follows:
(1)
The alarm user may submit a detailed written statement of the basis for its disagreement with such action to the city manager within ten (10) days of the date notice of such action was mailed to the alarm user. Such statement shall contain the alarm user's name, the address at which the alarm system is installed and the date of the false alarm that is being contested.
(2)
Upon receipt of such written appeal, the city manager or his designee may grant relief from such action, or may uphold the action. The decision of the city manager or his designee shall be final.
(f)
In the event that any alarm user's permission to install, use, operate and/or maintain any alarm system is denied or revoked, the city shall discontinue police response to alarms that may be generated by the alarm system for which permission has been denied or revoked.
(6-3-96)
The chief of police shall provide for the removal of any tangible personal property abandoned on the streets or other public places of the city which constitutes a menace to the safety of persons or vehicles, and shall receive and hold all unclaimed or unidentified property acquired by a law-enforcement officer pursuant to such officer's duties or turned over to the police department by a finder or finder's agent.
(Code 1976, § 21-8)
(a)
All property referred to in section 15-251 of the City Code shall be held and disposed of in accordance with the provisions of that section.
(b)
All property referred to in section 20-56 and not disposed of pursuant to section 20-61 (other than property referenced in subparagraph (a), above) shall be held by the police department, awaiting a claim by the rightful owner thereof, for at least sixty (60) days, during which time the police department shall make reasonable attempts to notify the rightful owner that such property is available to be claimed. If the property was turned over to the police department by a finder or finder's agent and it remains unclaimed by the rightful owner for at least sixty (60) days, the police department shall give notice of such fact to the finder of such property at the finder's last known address. The finder shall be allowed thirty (30) days from the date of such notice to claim such property.
(Code 1976, § 21-8; 9-20-04(3), § 3)
(a)
If the police department determines that the owner of property being held pursuant to this article cannot be ascertained and that the finder has not claimed, or has not indicated any intention of claiming, such property within thirty (30) days from the date of the notice that such property could be claimed by such finder, the department shall certify such fact to the purchasing agent or director of finance and transfer the property to such officials pursuant to the provisions of this section. If the property consists of currency, coin or negotiable securities it shall be turned over by the chief of police to the director of finance who shall credit the same to the general fund of the city, subject to possible future claim as provided in this article. Other property shall be turned over to the purchasing agent for disposition pursuant to this article.
(b)
Prior to releasing any property to the purchasing agent or director of finance under this section, the police department shall:
(1)
Determine that the state treasurer would decline such property if remitted under the Uniform Disposition of Unclaimed Property Act (Code of Virginia, section 55-210.1 et seq.), and
(2)
Obtain from the commonwealth's attorney a written statement advising that the property is not needed in any criminal prosecution.
(Code 1976, § 21-8)
(a)
The purchasing agent shall sell property turned over to him pursuant to section 20-58 by receiving sealed bids therefor, by public auction, by fixed-price sale or by other public sale; provided that, with the approval of the city manager, the purchasing agent may transfer such property to any department or agency of the city to be used for any appropriate public purpose. All proceeds from the sale of such property shall be delivered to the director of finance to be credited to the general fund, subject to possible future claim as provided in this article.
(b)
Prior to the sale of any property under this section, the purchasing agent shall cause to be published in a newspaper of general circulation in the city, once a week for two (2) successive weeks, notice that there will be a public sale of unclaimed personal property. Such property shall be described generally in the notice, together with the date, time and place of the sale.
(Code 1976, § 21-8)
State Law reference— Authority for above sale, Code of Virginia, § 15.1-133.01.
(a)
The owner of any property sold under this article, upon written application to the city within three (3) years from the date of the sale and upon satisfactory proof of ownership, shall be entitled to any remaining proceeds of the sale, without interest or other charges, after deductions for the cost of advertisement, removal, storage, investigation as to ownership and liens, and notice of sale. No claim shall be made nor any suit, action or proceeding be instituted for the recovery of such funds after three (3) years from the date of the sale.
(b)
The owner of any property turned over to the director of finance under section 20-58 or transferred by the purchasing agent to a city department or agency for appropriate public use under section 20-59, upon written application to the city within three (3) years from the date of either transfer and upon satisfactory proof of ownership, shall be entitled to the fair market value of such property at the time of such transfer, without interest or other charges, after deductions for the costs of any advertisement, removal, storage, investigation as to ownership and liens, and notice of sale. No claim shall be made nor any suit, action or proceeding be instituted for the recovery of such funds after three (3) years from the date of such transfer from the chief of police to the director of finance, or from the purchasing agent to any department or agency for appropriate public use, as the case may be.
(Code 1976, § 21-8)
Notwithstanding any other provision of this article, whenever property referred to in section 20-56 has no inherent value, is inherently dangerous or may not lawfully be sold or used, the chief of police shall provide for it to be destroyed or discarded in the city landfill or some other safe and appropriate location.
(Code 1976, § 21-8)
The police force shall be under the control of the city manager for the purpose of enforcing peace and order and for the execution of the laws of the state, this Code and other ordinances of the city and the performance of such other duties as the city council may prescribe.
(Code 1976, § 21-2)
The city manager shall appoint a chief of police, such appointment to be approved by the city council. The city manager, with the advice of the chief of police, shall appoint such other officers as may be deemed necessary.
(Code 1976, § 21-1)
(a)
The chief of police shall be the chief executive of the police department, but he shall always be subject to the orders and regulations of the city manager and the city council. He shall be under the control of the city manager and the city council for the purpose of enforcing peace and order and executing the laws of the state and ordinances of the city. It shall be the duty of the police force to respect and obey orders of the chief not in conflict with this chapter.
(b)
The chief shall be responsible for the good order of the city and for the general good conduct of the members and officers of the police force. He shall cause to be served all processes directed to him by a magistrate or the judge of the district court and all orders of the city manager.
(Code 1976, § 21-3)
The chief of police shall have the authority to promulgate rules and regulations for the conduct of the members of the police department. Such rules and regulations shall be subject to the approval of the city manager and shall be in conformity with the laws of the state, the Charter and the provisions of this Code.
(Code 1976, § 21-4)
(a)
Pursuant to the authority of Code of Virginia, section 19.2-389A.7, the chief of police and any designee of the chief are hereby authorized and directed to request criminal history record information from the central criminal records exchange, a division of the department of state police, on behalf of the city manager or the director of human resources in order to complete an investigation of an applicant for city employment or an applicant for a permit or license whenever, in the judgment of the city manager or director of human resources, it is necessary in the interest of public welfare or safety to determine whether the past criminal conduct of an individual with a conviction record would be compatible with the nature of the employment, permit or license under consideration.
(b)
Criminal history record information received by the police department from the central criminal records exchange for the purpose stated in subsection (a) of this section, as well as criminal history record information from city police files, if such information is requested for the same purpose, shall be transmitted in confidence to the requesting official with clear instructions as to the limited purpose for which such information may be used. The chief of police shall establish appropriate procedures regarding subsequent filing, return or destruction of such information as necessary to safeguard against its abuse.
(Code 1976, § 21-4.1)
All equipment issued by the city to police officers shall be charged to them, and each member shall be held accountable for the safe return of whatever is furnished him.
(Code 1976, § 21-5)
(a)
Police officers and deputy sheriffs may engage in off-duty employment which may require the use of their police powers in the performance of such employment.
(b)
The chief of police shall have the authority to promulgate reasonable rules and regulations applicable to off-duty employment of police officers and the sheriff shall have the authority to promulgate reasonable rules and regulations applicable to off-duty employment of deputy sheriffs.
(Code 1976, §§ 21-14—21-16)
State Law reference— Authority for above section, Code of Virginia, § 15.1-133.1.
(a)
Any person who is arrested or summoned to appear before the judge of the district court shall, upon request of any police officer, disclose his name and address. No person shall, in such case, give a false name or address.
(b)
A violation of this section shall constitute a Class 1 misdemeanor.
(Code 1976, § 21-6)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
State Law reference— Giving false reports to police, Code of Virginia, § 18.2-461.
(a)
No person shall fail or refuse to assist a police officer, when called upon so to do by such officer in the discharge of his duty.
(b)
A violation of this section shall constitute a Class 2 misdemeanor.
(Code 1976, § 17-21)
Cross reference— Penalty for Class 2 misdemeanor, § 1-11.
State Law reference— Refusal to aid officer, Code of Virginia, § 18.2-463.
Any person who willfully interferes with the lawful performance of an animal owned by the police department in a police activity shall be guilty of a Class 2 misdemeanor. Any person who willfully touches such an animal in any manner after being directed not to do so by a police officer shall be guilty of a Class 4 misdemeanor.
(Code 1976, § 17-20.1)
Cross reference— Penalty for Class 2 or 4 misdemeanor, § 1-11; cruelty to animals, § 4-11.
State Law reference— Killing or injuring police animals, Code of Virginia, § 18.2-144.1.
The chief of police may accept a designation by the owner, lessee, custodian, or person lawfully in charge as those terms are used in Va. Code § 18.2-119, of real property located within the city, designating the Charlottesville Police Department as a "person lawfully in charge of the property" for the purpose of forbidding another to go or remain upon the lands, buildings or premises of the owner as specified in the designation. Any such designation shall be in writing and shall be kept on file with the Charlottesville Police Department. The chief of police shall promulgate rules, regulations and/or a procedure for the acceptance and use of such designation.
(6-19-00(3); 7-20-15(1))
This council hereby finds that sub-standard alarm systems, and the false alarms associated with them, constitute a hazard to the police and to the public in general. The regulation of alarm systems and false alarms is necessary to promote the health, safety and welfare of the citizens of the City of Charlottesville. False alerts of intrusions or robberies increase the city's police operational costs, divert police resources from other critical areas, and increase the opportunities for auto collisions and other incidents en route to the site of false alarms. Toward the end of preserving the integrity and efficiency of the city's emergency police response services, those who utilize automatic alarm systems must be required to maintain those systems in good working order and to promptly repair any defects which may cause those systems to trigger false alarms.
(6-3-96)
Unless otherwise specifically provided, a violation of any provision of this article shall constitute a Class 4 misdemeanor.
(6-3-96)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alarm system means any device or assembly of equipment and devices (including, but not necessarily limited to, any automatic communication device) that will, upon activation, cause an audible, visible or other signal to register at any office of the city, its police department, or its emergency communications center, and which has been assembled or combined to alert police to an unlawful entry or other activity requiring an immediate police response.
Alarm user means any person or entity (but not a governmental agency or department) owning or leasing an alarm system or the premises on which such alarm system is maintained.
Automatic communication device means any device or combination of devices that will, upon activation, either mechanically, electrically, automatically or by any other means, initiate the intrastate calling, dialing or connection to a telephone number, line or other instrument assigned to the city, its police department, or its emergency communications center.
False alarm means the activation of any alarm system, eliciting a response from the city police department when, in fact, a situation requiring such response (i.e., involving actual or threatened criminal activity constituting an immediate danger to life or property) does not exist, and such activation is through mechanical or electronic failure, malfunction, improper installation, and/or the negligence of the alarm user, his employees or agents. The term shall not include an alarm caused by unusually violent conditions of nature, electrical power disruptions or failure of equipment at the city's police emergency operations center.
(6-3-96)
(a)
No person or entity shall use, operate, install or maintain an alarm system at any location in the city without first complying with the provisions of section 20-35 of this article.
(b)
No person or entity shall use an alarm system when permission to use such system has been denied or revoked pursuant to section 20-37 herein, and no person or entity shall fail to disconnect such alarm system within ten (10) days after such denial and/or revocation.
(c)
No person or entity shall install, use or maintain on any premises within the city any alarm system which delivers, or causes to be delivered, any pre-recorded message(s) to any telephone number or line assigned to the city, its police department or its emergency communications center.
(d)
No person or entity shall cause an automatic communication device to be installed on or connected to any telephone line leading into a city building, other than a line specified or designated by the chief of police for such purpose.
(6-3-96)
(a)
Prior to installing, using or maintaining any alarm system on any premises within the city, an alarm user shall provide the following information, in writing, to the chief of police:
(1)
The street address of the premises at which the alarm system is to be installed or used ("premises"); the name, mailing address and telephone number of the owner of such premises; and the name and mailing address of an individual (alarm user or alarm user's designee) to whom notices regarding the alarm system may be sent; and
(2)
The name(s), address(es) and telephone number(s) of at least two (2) individuals who will have day-to-day responsibility for the premises and alarm system, who will be immediately available to be contacted in the event an alarm is activated, and who is authorized and able to deactivate the alarm system; and
(3)
A description of the specific type of alarm system, manufacturer's name, and the name and telephone number of the alarm company monitoring, responding to or maintaining the alarm system.
(b)
When possession of the premises at which an alarm system is maintained is transferred, the person or entity obtaining possession of the premises shall be required to comply with the registration requirements of section 20-35(a) hereinabove.
(c)
Whenever the information provided by an alarm user pursuant to section 20-35(a) changes, the correct information must be provided by the alarm user to the police chief within thirty (30) days of the change.
(6-3-96)
(a)
In the event that more than three (3) false alarms are generated by its alarm system within any six-month period, an alarm user shall be charged, and shall pay, a fee of one hundred dollars ($100.00) for the fourth and each subsequent false alarm that results in a police response during that six-month period.
(b)
In the event that any alarm user fails to de-activate an alarm system within one (1) hour after being notified by police that such alarm system has been activated, that alarm user shall be charged, and shall pay, a fee of twenty-five dollars ($25.00). This fee shall be in addition to any charges which may be imposed pursuant to paragraph (a), above, in this section.
(c)
The fees authorized in this section have been calculated to represent the costs, based on average time, manpower, and equipment utilized, incurred by city police personnel in monitoring and responding to alarm signals generated by alarm systems within the city.
(d)
All fees owed by an alarm user pursuant to this section shall be made payable to the city treasurer, and shall be received by the chief of police or his designee within ten (10) days from the date notice of the imposition of such fee is given, in writing, to the alarm user. An alarm user who is delinquent in payment of any fee(s) after the ten-day grace period shall receive no police emergency response to signals generated by its alarm system until such debt has been satisfied.
(6-3-96; 4-13-04(4), § 1)
(a)
An alarm user may be denied permission to install, use, operate or maintain any alarm system within the city, and may be required to disconnect and/or disable any such alarm system, upon a written determination by the chief of police or his designee that the installation, use, operation and/or maintenance of the alarm system would constitute an unreasonable burden on police resources. Any alarm system which generates ten (10) or more false alarms within any four-day period of time and/or which, within the preceding six (6) months has generated an average of five (5) or more false alarms per month, shall be deemed an unreasonable burden on police resources.
(b)
Permission to use, operate and/or maintain any alarm system shall be deemed denied and/or revoked pursuant to paragraph (a) of this section as of the date a certified letter identifying the basis of the police chief's determination is mailed to the alarm user. Such notice shall be mailed to the most recent address of record provided by an alarm user pursuant to section 20-35.
(c)
Upon denial or revocation of an alarm user's permission to install, use, operate or maintain an alarm system, an alarm user shall not be eligible to install, use, operate or maintain any alarm system at the same location within the city until the expiration of six (6) months after the denial and/or revocation.
(d)
Upon conviction of a misdemeanor pursuant to section 20-32 of this article, an alarm user's permission to install, use, operate and/or maintain any alarm system within the city shall automatically be revoked, without the requirement of any notice from the city or its chief of police. Any alarm user so convicted shall not be authorized to install, use, operate or maintain any alarm system within the city until the expiration of six (6) months from the date of any such conviction.
(e)
An alarm user who wishes to appeal any fee imposed for a false alarm, or any denial or revocation of permission to install, use, operate and/or maintain any alarm system (including an order to disconnect or disable such alarm system) may appeal such action to the city manager as follows:
(1)
The alarm user may submit a detailed written statement of the basis for its disagreement with such action to the city manager within ten (10) days of the date notice of such action was mailed to the alarm user. Such statement shall contain the alarm user's name, the address at which the alarm system is installed and the date of the false alarm that is being contested.
(2)
Upon receipt of such written appeal, the city manager or his designee may grant relief from such action, or may uphold the action. The decision of the city manager or his designee shall be final.
(f)
In the event that any alarm user's permission to install, use, operate and/or maintain any alarm system is denied or revoked, the city shall discontinue police response to alarms that may be generated by the alarm system for which permission has been denied or revoked.
(6-3-96)
The chief of police shall provide for the removal of any tangible personal property abandoned on the streets or other public places of the city which constitutes a menace to the safety of persons or vehicles, and shall receive and hold all unclaimed or unidentified property acquired by a law-enforcement officer pursuant to such officer's duties or turned over to the police department by a finder or finder's agent.
(Code 1976, § 21-8)
(a)
All property referred to in section 15-251 of the City Code shall be held and disposed of in accordance with the provisions of that section.
(b)
All property referred to in section 20-56 and not disposed of pursuant to section 20-61 (other than property referenced in subparagraph (a), above) shall be held by the police department, awaiting a claim by the rightful owner thereof, for at least sixty (60) days, during which time the police department shall make reasonable attempts to notify the rightful owner that such property is available to be claimed. If the property was turned over to the police department by a finder or finder's agent and it remains unclaimed by the rightful owner for at least sixty (60) days, the police department shall give notice of such fact to the finder of such property at the finder's last known address. The finder shall be allowed thirty (30) days from the date of such notice to claim such property.
(Code 1976, § 21-8; 9-20-04(3), § 3)
(a)
If the police department determines that the owner of property being held pursuant to this article cannot be ascertained and that the finder has not claimed, or has not indicated any intention of claiming, such property within thirty (30) days from the date of the notice that such property could be claimed by such finder, the department shall certify such fact to the purchasing agent or director of finance and transfer the property to such officials pursuant to the provisions of this section. If the property consists of currency, coin or negotiable securities it shall be turned over by the chief of police to the director of finance who shall credit the same to the general fund of the city, subject to possible future claim as provided in this article. Other property shall be turned over to the purchasing agent for disposition pursuant to this article.
(b)
Prior to releasing any property to the purchasing agent or director of finance under this section, the police department shall:
(1)
Determine that the state treasurer would decline such property if remitted under the Uniform Disposition of Unclaimed Property Act (Code of Virginia, section 55-210.1 et seq.), and
(2)
Obtain from the commonwealth's attorney a written statement advising that the property is not needed in any criminal prosecution.
(Code 1976, § 21-8)
(a)
The purchasing agent shall sell property turned over to him pursuant to section 20-58 by receiving sealed bids therefor, by public auction, by fixed-price sale or by other public sale; provided that, with the approval of the city manager, the purchasing agent may transfer such property to any department or agency of the city to be used for any appropriate public purpose. All proceeds from the sale of such property shall be delivered to the director of finance to be credited to the general fund, subject to possible future claim as provided in this article.
(b)
Prior to the sale of any property under this section, the purchasing agent shall cause to be published in a newspaper of general circulation in the city, once a week for two (2) successive weeks, notice that there will be a public sale of unclaimed personal property. Such property shall be described generally in the notice, together with the date, time and place of the sale.
(Code 1976, § 21-8)
State Law reference— Authority for above sale, Code of Virginia, § 15.1-133.01.
(a)
The owner of any property sold under this article, upon written application to the city within three (3) years from the date of the sale and upon satisfactory proof of ownership, shall be entitled to any remaining proceeds of the sale, without interest or other charges, after deductions for the cost of advertisement, removal, storage, investigation as to ownership and liens, and notice of sale. No claim shall be made nor any suit, action or proceeding be instituted for the recovery of such funds after three (3) years from the date of the sale.
(b)
The owner of any property turned over to the director of finance under section 20-58 or transferred by the purchasing agent to a city department or agency for appropriate public use under section 20-59, upon written application to the city within three (3) years from the date of either transfer and upon satisfactory proof of ownership, shall be entitled to the fair market value of such property at the time of such transfer, without interest or other charges, after deductions for the costs of any advertisement, removal, storage, investigation as to ownership and liens, and notice of sale. No claim shall be made nor any suit, action or proceeding be instituted for the recovery of such funds after three (3) years from the date of such transfer from the chief of police to the director of finance, or from the purchasing agent to any department or agency for appropriate public use, as the case may be.
(Code 1976, § 21-8)
Notwithstanding any other provision of this article, whenever property referred to in section 20-56 has no inherent value, is inherently dangerous or may not lawfully be sold or used, the chief of police shall provide for it to be destroyed or discarded in the city landfill or some other safe and appropriate location.
(Code 1976, § 21-8)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Chief of police means the chief of police for the City of Charlottesville, and any police officer(s) designated or assigned to enforce the provisions of this article.
Coin means any piece of gold, silver or other metal fashioned into a prescribed shape, weight and degree of fineness, stamped by authority of a government with certain marks and devices, and having a certain fixed value as money.
Commissioner of revenue means the city's commissioner of revenue, and any of his employees designated or assigned any duties under this division.
Dealer means any person engaged at any location in the city in the business of purchasing precious metals or gems, making loans for which precious metals or gems are received and held as security, removing in any manner precious metals or gems from manufactured articles not then owned by such person or buying, acquiring or selling precious metals or gems removed from such manufactured articles. As used herein "dealer" includes employers and principals on whose behalf a purchase or loan is made and all employers and agents who personally make such purchases and loans. The term "dealer" shall not be construed so as to include persons engaged in the following:
(1)
Purchases of precious metals or gems directly from other dealers, manufacturers or wholesalers for retail or wholesale inventories, provided the selling dealer has complied with the provisions of this article, if applicable.
(2)
Purchases of precious metals or gems directly from a duly qualified fiduciary who is disposing of the assets of an estate being administered by such fiduciary.
(3)
Acceptance by a retail merchant of trade-in merchandise previously sold by such retail merchant to the person presenting that merchandise for trade-in.
(4)
Repairing, restoring or designing jewelry by a retail merchant, if such activities are within the normal course of such merchant's business.
(5)
Purchases of precious metals or gems by industrial refiners and manufacturers insofar as such purchases are made directly from retail merchants, wholesalers or dealers, or by mail originating outside the city.
(6)
Regular purchasing and processing of nonprecious scrap metals which incidentally may contain traces of precious metals recoverable as a by-product.
Fixed and permanent location means a single location within the city where a person will engage in the activities of a dealer for thirty (30) or more days in a calendar year.
Gems means any item containing or having any precious or semiprecious stones customarily used in jewelry or ornamentation.
Person means and includes any individual, corporation, partnership, association, company, business, trust, joint venture or other legal entity.
Precious metals means any item, except a coin, containing as part of its composition in any degree gold, silver, platinum or pewter.
(Code 1976, § 21-17; 6-4-01(3))
Cross reference— Definitions and rules of construction generally, § 1-2.
State Law reference— Similar provisions, Code of Virginia, § 54.1-4100.
The provisions of this article shall not apply to the sale or purchase of coins.
State Law reference— Similar provisions, Code of Virginia, § 54.1-4109B.
The provisions of this article shall not apply to any bank, branch thereof, trust company or bank holding company, or any wholly owned subsidiary thereof, engaged in buying and selling gold and silver bullion.
State Law reference— Similar provisions, Code of Virginia, § 54.1-4109C.
Any person convicted of violating any of the provisions of this article shall be guilty of a Class 2 misdemeanor for the first offense. Upon conviction of any subsequent offense under this article, he shall be guilty of a Class 1 misdemeanor.
(Code 1976, § 21-28)
Cross reference— Penalty for Class 1 or 2 misdemeanor, § 1-11.
State Law reference— Similar provisions, Code of Virginia, § 54.1-4110A.
Every dealer shall admit to his premises during regular business hours the chief of police or any law-enforcement official of the state or federal government, and shall permit such officer to examine all records required by this article, and to examine any article to which the dealer still has access, which is listed in a record and which is believed by the officer to be missing or stolen.
(Code 1976, § 21-23)
State Law reference— Similar provisions, Code of Virginia, § 54.1-4101C.
(a)
Every dealer, at the time of obtaining a permit under division 2 of this article, shall furnish a bond secured by a corporate surety authorized to do business in the commonwealth, payable to the city in the penal sum of ten thousand dollars ($10,000.00), conditioned upon due observance of the terms of this article. In lieu of a bond, a dealer may cause to be issued by a bank authorized to do business in the commonwealth a letter of credit in favor of the city in the sum of ten thousand dollars ($10,000.00).
(b)
A single bond upon an employer or principal may be written or a single letter of credit issued to cover all employees and all transactions occurring at a single location.
(c)
Any person aggrieved by a dealer's violation of the provisions of this article may maintain an action for recovery in any court of proper jurisdiction against the dealer and the dealer's surety, provided that recovery against the surety shall be only for that amount of the judgment, if any, which is unsatisfied by the dealer.
(Code 1976, §§ 21-26, 21-27)
State Law reference— Similar provisions, Code of Virginia, §§ 54.1-4106, 54.1-4107.
(a)
If the business of a dealer conducting business at a fixed and permanent location is not operated without interruption, Saturdays, Sundays and recognized holidays excepted, the dealer shall notify the chief of police of all closings and reopenings of the business at that location. The business of such dealer shall be conducted only from the fixed and permanent location specified in his application for a permit under division 2 of this article.
(b)
A person who conducts the business of a dealer at any location other than a fixed and permanent location shall conduct such activities only from the location specified in his application for a permit under division 2 of this article.
(Code 1976, § 21-19; 6-4-01(3))
State Law reference— Similar provisions, Code of Virginia, § 54.1-4108E.
Every dealer shall ascertain the name, address and age of every person from whom they purchase or accept as security precious metals or gems and shall require each such person to verify such information by requiring an identification issued by a governmental agency with a photograph of such person thereon and at least one (1) other corroborating means of identification. The dealer shall also obtain a statement of ownership from such person.
(Code 1976, § 21-22)
State Law reference— Similar provisions, Code of Virginia, § 54.1-4102.
(a)
Every dealer shall keep at such dealer's place of business an accurate and legible record of each purchase or security arrangement involving precious metals or gems. The record of each such purchase or security arrangement shall be retained by the dealer for not less than twenty-four (24) months. These records shall set forth the following:
(1)
The name of the dealer and the dealer's employer or principal, if any.
(2)
A complete description of each item purchased or taken as security, including the true weight or carat of any gem purchased or taken as security (which weight may include the weight of any setting in which the gem will remain until disposition by the dealer; provided, however, that in such a case, the dealer must also include as accurate an estimate of the true weight of the gem alone as can reasonably be expected) and all names, initials, serial numbers or other identifying marks or monograms appearing on the items in question.
(3)
The price paid for each item purchased.
(4)
The date and time of receiving the items purchased or taken as security.
(5)
The name, address, age, sex, race, driver's license number or social security number, and signature of the seller or borrower. If the seller or borrower has no driver's license and declines to divulge, or does not have, a social security number, another identification number of equivalent reliability may be substituted.
(6)
A statement of ownership from the seller or borrower.
(b)
The information required by paragraphs (1) through (5) of subsection (a) of this section shall appear on each bill of sale, the form of which shall be provided by the chief of police. One (1) copy of the form is to be retained by the dealer, one (1) copy to be delivered during regular city work hours to the chief of police at his office within twenty-four (24) hours of the purchase or loan or mailed to the chief of police within such twenty-four-hour period and one (1) copy to be delivered to the seller of such precious metals or gems or to the borrower. If the purchase or loan occurs on a Saturday, Sunday or recognized holiday, then the delivery to the chief of police shall be made no later than 10:00 a.m. of the next regular city work day.
(Code 1976, § 21-23)
State Law reference— Similar provisions, Code of Virginia, § 54.1-4101A, B.
(a)
No dealer shall purchase from or make a loan secured by precious metals or gems to any person who is under the age of eighteen (18).
(b)
No dealer shall purchase from or make a loan secured by precious metals or gems to any person whom the dealer knows or has reason to know is not the owner of such precious metals or gems.
(Code 1976, § 21-24)
State Law reference— Similar provisions, Code of Virginia, § 54.1-4103.
(a)
A dealer shall retain all precious metals or gems purchased for a minimum of ten (10) calendar days from the date on which a copy of the bill of sale is received by the chief of police pursuant to section 21-34. Until the expiration of this period, the dealer shall not sell, alter or dispose of a purchased item, in whole or in part, or remove it from the city.
(b)
If a dealer performs the service of removing precious metals or gems, he shall retain the metals or gems removed and the article from which the removal was made for a period of ten (10) calendar days after receiving such article and precious metals or gems.
(Code 1976, § 21-25)
State Law reference— Similar provisions, Code of Virginia, § 54.1-4104.
Each dealer shall keep and maintain for at least twenty-four (24) months an accurate and legible record of the name and address of each person to whom he sells any precious metal or gem in its original form after the waiting period required by section 21-36. This record shall also show the name and address of the seller from whom the dealer purchased such item.
(Code 1976, § 21-25.1)
State Law reference— Similar provisions, Code of Virginia, § 54.1-4105.
No person shall engage in the activities of a dealer within the city, unless he has obtained a permit authorizing such activities, as required by this division. Possession of a permit issued in another locality shall not relieve a dealer of the obligation to obtain a permit under this division.
(Code 1976, § 21-18; 6-4-01(3))
State Law reference— Similar provisions, Code of Virginia, § 54.1-4108A.
Editor's note— Ord. of 11-3-97(2), § 1, repealed § 21-57, which pertained to "in addition to business license." See the Code Comparative Table.
Any person desiring a permit to engage in the activities of a dealer within the city shall file with the chief of police an application form which shall include the applicant's full name and any aliases, the applicant's address, age, date of birth, sex and fingerprints; the name, address and telephone number of the applicant's employer, if any; and identification of the location within the city from which the applicant will engage in the activities of a dealer. Such application shall be subject to an application fee.
(1)
The application fee for a dealer who will conduct business from a fixed and permanent location shall be fifty dollars ($50.00) per permit year. For the purposes of this division and section, with respect to dealers conducting business from a fixed and permanent location a permit year shall commence on March 1 of each calendar year. On or before March 1 each year such dealer shall submit the application required by this section. A permit issued to such dealer during calendar year 2001 shall be and remain valid through the end of February 2002.
(2)
The application fee for dealers who will conduct activities from a location other than a fixed and permanent location shall be two hundred dollars ($200.00) per application, non-pro-ratable. Once such a dealer has concluded activities at a location authorized by a permit issued under this division, a new application shall be required before the same dealer may re-open business at that same location or engage in the activities of a dealer at another location.
(Code 1976, § 21-19; 6-4-01(3))
State Law reference— Similar provisions, Code of Virginia, § 54.1-4108B.
(a)
Upon receipt of an application the chief of police will initiate an investigation to determine whether a permit should be issued under this division. Dealers who engage in business from a fixed and permanent location are encouraged to submit their applications thirty (30) to sixty (60) days in advance of March 1 each year, so that the police investigation may be completed in time to prevent interruption of the dealer's business from one permit year to the next.
(b)
Before a permit required by this division may be issued by the chief of police:
(1)
The applicant must have all weighing devices used in his business inspected and approved by local or state weights and measures officials and must present written evidence of such approval to the chief of police; and
(2)
The applicant must establish to the satisfaction of the chief of police that he has not been convicted of a felony or crime of moral turpitude within seven (7) years prior to the date of application, and the applicant shall also verify that, within the twelve (12) months preceding the application, he has not had a permit revoked under this division or under any ordinance of another jurisdiction similar in substance to the provisions of this article; and
(3)
The applicant must demonstrate compliance with all other applicable provisions of this article, to the satisfaction of the chief of police; and
(4)
The applicant must present evidence of payment of the required application fee. Following completion of the required police investigation, the chief of police will direct the applicant to submit payment of the required fee to the city's commissioner of revenue. A receipt issued by the commissioner of revenue shall be sufficient evidence of payment of the required fee.
(Code 1976, § 21-19; 6-4-01(3))
State Law reference— Similar provisions, Code of Virginia, § 54.1-4108C.
(a)
Upon the filing of a proper application for a permit under this division and compliance with all the applicable provisions of this article and division, the applicant shall be issued a permit by the chief of police
(b)
A permit may be denied to any applicant who has not or cannot meet or comply with any of the requirements of this article or division, including, without limitation, the conditions specified within section 21-59 and the security required by section 21-31.
(Code 1976, § 21-19; 6-4-01(3))
State Law reference— Similar provisions, Code of Virginia, § 54.1-4108B.
A permit issued under this division shall at all times be displayed prominently on the business premises of the dealer to whom it was issued.
(Code 1976, § 21-20)
A permit issued under this division shall be a personal privilege and shall not be transferable, nor shall there be any abatement of the fee for such permit by reason of the fact that the dealer exercises the privilege for any period of time less than that for which it was granted.
(Code 1976, § 21-20)
State Law reference— Permit not transferable, Code of Virginia, § 54.1-4108D.
Editor's note— Ord. of June 4, 2001(3), repealed § 21-63 which pertained to term; renewal. See the Code Comparative Table.
Upon conviction by any court of a dealer for violating any provision of this article, the chief of police shall revoke such dealer's permit to engage in business as a dealer under this article for a period of one (1) full year from the date the conviction becomes final, after which period a new permit application may be considered.
(Code 1976, § 21-28)
State Law reference— Similar provisions, Code of Virginia, § 54.1-4110B.
A permit issued under this division pursuant to an application containing a statement made with knowledge of its falsity shall be void ab initio.
(Code 1976, § 21-21)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Chief of police means the chief of police for the City of Charlottesville, and any police officer(s) designated or assigned to enforce the provisions of this article.
Coin means any piece of gold, silver or other metal fashioned into a prescribed shape, weight and degree of fineness, stamped by authority of a government with certain marks and devices, and having a certain fixed value as money.
Commissioner of revenue means the city's commissioner of revenue, and any of his employees designated or assigned any duties under this division.
Dealer means any person engaged at any location in the city in the business of purchasing precious metals or gems, making loans for which precious metals or gems are received and held as security, removing in any manner precious metals or gems from manufactured articles not then owned by such person or buying, acquiring or selling precious metals or gems removed from such manufactured articles. As used herein "dealer" includes employers and principals on whose behalf a purchase or loan is made and all employers and agents who personally make such purchases and loans. The term "dealer" shall not be construed so as to include persons engaged in the following:
(1)
Purchases of precious metals or gems directly from other dealers, manufacturers or wholesalers for retail or wholesale inventories, provided the selling dealer has complied with the provisions of this article, if applicable.
(2)
Purchases of precious metals or gems directly from a duly qualified fiduciary who is disposing of the assets of an estate being administered by such fiduciary.
(3)
Acceptance by a retail merchant of trade-in merchandise previously sold by such retail merchant to the person presenting that merchandise for trade-in.
(4)
Repairing, restoring or designing jewelry by a retail merchant, if such activities are within the normal course of such merchant's business.
(5)
Purchases of precious metals or gems by industrial refiners and manufacturers insofar as such purchases are made directly from retail merchants, wholesalers or dealers, or by mail originating outside the city.
(6)
Regular purchasing and processing of nonprecious scrap metals which incidentally may contain traces of precious metals recoverable as a by-product.
Fixed and permanent location means a single location within the city where a person will engage in the activities of a dealer for thirty (30) or more days in a calendar year.
Gems means any item containing or having any precious or semiprecious stones customarily used in jewelry or ornamentation.
Person means and includes any individual, corporation, partnership, association, company, business, trust, joint venture or other legal entity.
Precious metals means any item, except a coin, containing as part of its composition in any degree gold, silver, platinum or pewter.
(Code 1976, § 21-17; 6-4-01(3))
Cross reference— Definitions and rules of construction generally, § 1-2.
State Law reference— Similar provisions, Code of Virginia, § 54.1-4100.
The provisions of this article shall not apply to the sale or purchase of coins.
State Law reference— Similar provisions, Code of Virginia, § 54.1-4109B.
The provisions of this article shall not apply to any bank, branch thereof, trust company or bank holding company, or any wholly owned subsidiary thereof, engaged in buying and selling gold and silver bullion.
State Law reference— Similar provisions, Code of Virginia, § 54.1-4109C.
Any person convicted of violating any of the provisions of this article shall be guilty of a Class 2 misdemeanor for the first offense. Upon conviction of any subsequent offense under this article, he shall be guilty of a Class 1 misdemeanor.
(Code 1976, § 21-28)
Cross reference— Penalty for Class 1 or 2 misdemeanor, § 1-11.
State Law reference— Similar provisions, Code of Virginia, § 54.1-4110A.
Every dealer shall admit to his premises during regular business hours the chief of police or any law-enforcement official of the state or federal government, and shall permit such officer to examine all records required by this article, and to examine any article to which the dealer still has access, which is listed in a record and which is believed by the officer to be missing or stolen.
(Code 1976, § 21-23)
State Law reference— Similar provisions, Code of Virginia, § 54.1-4101C.
(a)
Every dealer, at the time of obtaining a permit under division 2 of this article, shall furnish a bond secured by a corporate surety authorized to do business in the commonwealth, payable to the city in the penal sum of ten thousand dollars ($10,000.00), conditioned upon due observance of the terms of this article. In lieu of a bond, a dealer may cause to be issued by a bank authorized to do business in the commonwealth a letter of credit in favor of the city in the sum of ten thousand dollars ($10,000.00).
(b)
A single bond upon an employer or principal may be written or a single letter of credit issued to cover all employees and all transactions occurring at a single location.
(c)
Any person aggrieved by a dealer's violation of the provisions of this article may maintain an action for recovery in any court of proper jurisdiction against the dealer and the dealer's surety, provided that recovery against the surety shall be only for that amount of the judgment, if any, which is unsatisfied by the dealer.
(Code 1976, §§ 21-26, 21-27)
State Law reference— Similar provisions, Code of Virginia, §§ 54.1-4106, 54.1-4107.
(a)
If the business of a dealer conducting business at a fixed and permanent location is not operated without interruption, Saturdays, Sundays and recognized holidays excepted, the dealer shall notify the chief of police of all closings and reopenings of the business at that location. The business of such dealer shall be conducted only from the fixed and permanent location specified in his application for a permit under division 2 of this article.
(b)
A person who conducts the business of a dealer at any location other than a fixed and permanent location shall conduct such activities only from the location specified in his application for a permit under division 2 of this article.
(Code 1976, § 21-19; 6-4-01(3))
State Law reference— Similar provisions, Code of Virginia, § 54.1-4108E.
Every dealer shall ascertain the name, address and age of every person from whom they purchase or accept as security precious metals or gems and shall require each such person to verify such information by requiring an identification issued by a governmental agency with a photograph of such person thereon and at least one (1) other corroborating means of identification. The dealer shall also obtain a statement of ownership from such person.
(Code 1976, § 21-22)
State Law reference— Similar provisions, Code of Virginia, § 54.1-4102.
(a)
Every dealer shall keep at such dealer's place of business an accurate and legible record of each purchase or security arrangement involving precious metals or gems. The record of each such purchase or security arrangement shall be retained by the dealer for not less than twenty-four (24) months. These records shall set forth the following:
(1)
The name of the dealer and the dealer's employer or principal, if any.
(2)
A complete description of each item purchased or taken as security, including the true weight or carat of any gem purchased or taken as security (which weight may include the weight of any setting in which the gem will remain until disposition by the dealer; provided, however, that in such a case, the dealer must also include as accurate an estimate of the true weight of the gem alone as can reasonably be expected) and all names, initials, serial numbers or other identifying marks or monograms appearing on the items in question.
(3)
The price paid for each item purchased.
(4)
The date and time of receiving the items purchased or taken as security.
(5)
The name, address, age, sex, race, driver's license number or social security number, and signature of the seller or borrower. If the seller or borrower has no driver's license and declines to divulge, or does not have, a social security number, another identification number of equivalent reliability may be substituted.
(6)
A statement of ownership from the seller or borrower.
(b)
The information required by paragraphs (1) through (5) of subsection (a) of this section shall appear on each bill of sale, the form of which shall be provided by the chief of police. One (1) copy of the form is to be retained by the dealer, one (1) copy to be delivered during regular city work hours to the chief of police at his office within twenty-four (24) hours of the purchase or loan or mailed to the chief of police within such twenty-four-hour period and one (1) copy to be delivered to the seller of such precious metals or gems or to the borrower. If the purchase or loan occurs on a Saturday, Sunday or recognized holiday, then the delivery to the chief of police shall be made no later than 10:00 a.m. of the next regular city work day.
(Code 1976, § 21-23)
State Law reference— Similar provisions, Code of Virginia, § 54.1-4101A, B.
(a)
No dealer shall purchase from or make a loan secured by precious metals or gems to any person who is under the age of eighteen (18).
(b)
No dealer shall purchase from or make a loan secured by precious metals or gems to any person whom the dealer knows or has reason to know is not the owner of such precious metals or gems.
(Code 1976, § 21-24)
State Law reference— Similar provisions, Code of Virginia, § 54.1-4103.
(a)
A dealer shall retain all precious metals or gems purchased for a minimum of ten (10) calendar days from the date on which a copy of the bill of sale is received by the chief of police pursuant to section 21-34. Until the expiration of this period, the dealer shall not sell, alter or dispose of a purchased item, in whole or in part, or remove it from the city.
(b)
If a dealer performs the service of removing precious metals or gems, he shall retain the metals or gems removed and the article from which the removal was made for a period of ten (10) calendar days after receiving such article and precious metals or gems.
(Code 1976, § 21-25)
State Law reference— Similar provisions, Code of Virginia, § 54.1-4104.
Each dealer shall keep and maintain for at least twenty-four (24) months an accurate and legible record of the name and address of each person to whom he sells any precious metal or gem in its original form after the waiting period required by section 21-36. This record shall also show the name and address of the seller from whom the dealer purchased such item.
(Code 1976, § 21-25.1)
State Law reference— Similar provisions, Code of Virginia, § 54.1-4105.
No person shall engage in the activities of a dealer within the city, unless he has obtained a permit authorizing such activities, as required by this division. Possession of a permit issued in another locality shall not relieve a dealer of the obligation to obtain a permit under this division.
(Code 1976, § 21-18; 6-4-01(3))
State Law reference— Similar provisions, Code of Virginia, § 54.1-4108A.
Editor's note— Ord. of 11-3-97(2), § 1, repealed § 21-57, which pertained to "in addition to business license." See the Code Comparative Table.
Any person desiring a permit to engage in the activities of a dealer within the city shall file with the chief of police an application form which shall include the applicant's full name and any aliases, the applicant's address, age, date of birth, sex and fingerprints; the name, address and telephone number of the applicant's employer, if any; and identification of the location within the city from which the applicant will engage in the activities of a dealer. Such application shall be subject to an application fee.
(1)
The application fee for a dealer who will conduct business from a fixed and permanent location shall be fifty dollars ($50.00) per permit year. For the purposes of this division and section, with respect to dealers conducting business from a fixed and permanent location a permit year shall commence on March 1 of each calendar year. On or before March 1 each year such dealer shall submit the application required by this section. A permit issued to such dealer during calendar year 2001 shall be and remain valid through the end of February 2002.
(2)
The application fee for dealers who will conduct activities from a location other than a fixed and permanent location shall be two hundred dollars ($200.00) per application, non-pro-ratable. Once such a dealer has concluded activities at a location authorized by a permit issued under this division, a new application shall be required before the same dealer may re-open business at that same location or engage in the activities of a dealer at another location.
(Code 1976, § 21-19; 6-4-01(3))
State Law reference— Similar provisions, Code of Virginia, § 54.1-4108B.
(a)
Upon receipt of an application the chief of police will initiate an investigation to determine whether a permit should be issued under this division. Dealers who engage in business from a fixed and permanent location are encouraged to submit their applications thirty (30) to sixty (60) days in advance of March 1 each year, so that the police investigation may be completed in time to prevent interruption of the dealer's business from one permit year to the next.
(b)
Before a permit required by this division may be issued by the chief of police:
(1)
The applicant must have all weighing devices used in his business inspected and approved by local or state weights and measures officials and must present written evidence of such approval to the chief of police; and
(2)
The applicant must establish to the satisfaction of the chief of police that he has not been convicted of a felony or crime of moral turpitude within seven (7) years prior to the date of application, and the applicant shall also verify that, within the twelve (12) months preceding the application, he has not had a permit revoked under this division or under any ordinance of another jurisdiction similar in substance to the provisions of this article; and
(3)
The applicant must demonstrate compliance with all other applicable provisions of this article, to the satisfaction of the chief of police; and
(4)
The applicant must present evidence of payment of the required application fee. Following completion of the required police investigation, the chief of police will direct the applicant to submit payment of the required fee to the city's commissioner of revenue. A receipt issued by the commissioner of revenue shall be sufficient evidence of payment of the required fee.
(Code 1976, § 21-19; 6-4-01(3))
State Law reference— Similar provisions, Code of Virginia, § 54.1-4108C.
(a)
Upon the filing of a proper application for a permit under this division and compliance with all the applicable provisions of this article and division, the applicant shall be issued a permit by the chief of police
(b)
A permit may be denied to any applicant who has not or cannot meet or comply with any of the requirements of this article or division, including, without limitation, the conditions specified within section 21-59 and the security required by section 21-31.
(Code 1976, § 21-19; 6-4-01(3))
State Law reference— Similar provisions, Code of Virginia, § 54.1-4108B.
A permit issued under this division shall at all times be displayed prominently on the business premises of the dealer to whom it was issued.
(Code 1976, § 21-20)
A permit issued under this division shall be a personal privilege and shall not be transferable, nor shall there be any abatement of the fee for such permit by reason of the fact that the dealer exercises the privilege for any period of time less than that for which it was granted.
(Code 1976, § 21-20)
State Law reference— Permit not transferable, Code of Virginia, § 54.1-4108D.
Editor's note— Ord. of June 4, 2001(3), repealed § 21-63 which pertained to term; renewal. See the Code Comparative Table.
Upon conviction by any court of a dealer for violating any provision of this article, the chief of police shall revoke such dealer's permit to engage in business as a dealer under this article for a period of one (1) full year from the date the conviction becomes final, after which period a new permit application may be considered.
(Code 1976, § 21-28)
State Law reference— Similar provisions, Code of Virginia, § 54.1-4110B.
A permit issued under this division pursuant to an application containing a statement made with knowledge of its falsity shall be void ab initio.
(Code 1976, § 21-21)
The purpose of this chapter is to supplement the provisions of the Virginia Public Procurement Act (Code of Virginia, § 2.2-4300 et seq., as amended), by enunciating the city's policies pertaining to governmental procurement from nongovernmental sources, to encourage competition among vendors and contractors, to provide for the fair and equitable treatment of all persons involved in public purchasing by the city, to maximize the purchasing value of public funds in procurement so that high quality goods and services may be obtained at the lowest possible price, and to increase public confidence in procurement practices by providing safeguards for maintaining a procurement system of quality and integrity.
(11-15-04(3); 12-15-14)
This chapter should be read in conjunction with the Virginia Public Procurement Act to apply to contracts for the procurement of goods, services, insurance and construction entered into by the city, involving every expenditure for public purchasing, regardless of its source. The provisions of the Act shall apply except where modified by alternative policies and procedures enumerated in this chapter.
(11-15-04(3))
Except where the context clearly indicates a different meaning, the words, terms and phrases used in this chapter shall have the meanings ascribed to them in the Virginia Public Procurement Act in effect on the effective date of this chapter, and any future amendments to such Act and any successor titles, chapters, articles and sections as they may become effective.
(11-15-04(3))
(a)
All city contracts with nongovernmental contractors for the purchase or lease of goods, or for the purchase of services (including construction services) or insurance, shall be awarded after competitive sealed bidding or competitive negotiation, unless otherwise authorized by the Virginia Public Procurement Act or this chapter.
(b)
Goods, non-professional services, and insurance shall be procured by competitive sealed bidding.
(1)
Upon a written determination, made in advance by the purchasing manager, that competitive sealed bidding is either not practicable or not fiscally advantageous to the public, goods, services, or insurance may be procured by competitive negotiation. The writing shall document the basis for this determination.
(2)
Upon a written determination, made in advance by the purchasing manager, that competitive negotiation is either not practicable or not fiscally advantageous, insurance may be procured through a licensed agent or broker. The licensed agent or broker shall be selected in the manner provided for the procurement of things other than professional services using a competitive negotiations process.
(c)
Construction services shall be procured by competitive sealed bidding. However, upon a written determination, made in advance by the purchasing manager, that competitive sealed bidding is either not practicable or not fiscally advantageous to the public, the following construction services may be procured by competitive negotiation:
(1)
Contracts for the construction of public streets and any draining, dredging, excavation, grading or similar work upon real property, or
(2)
For design-build and construction management contracts as provided in § 2.2-4308 of the Code of Virginia.
The purchasing manager's determination shall document the basis for his determination.
(d)
Upon a written determination, made in advance by the purchasing manager, that there is only one (1) source practicably available for that which is to be procured, a contract may be negotiated and awarded to that source without competitive sealed bidding or competitive negotiation. The writing shall document the basis for this determination. The purchasing manager shall issue a written notice stating that only one (1) source was determined to be practicably available, and identifying that which is being procured, the contractor selected, and the date on which the contract was or will be awarded. This notice shall be posted on the city's website. In addition, the notice may be posted in a designated public area or published in a newspaper of general circulation on the day the city awards or announces its decision to award the contract, whichever occurs first.
(e)
In case of emergency, a contract may be awarded without competitive sealed bidding or competitive negotiation; however, such procurement shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be prepared by the procurement manager and included in the contract file. The purchasing manager shall issue a written notice stating that the contract is being awarded on an emergency basis, and identifying that which is being procured, the contractor selected, and the date on which the contract was or will be awarded. This notice shall be posted on the City's website. In addition, the notice may be posted in a designated public area or published in a newspaper of general circulation on the day the city awards or announces its decision to award the contract, whichever occurs first, or as soon thereafter as is practicable.
(f)
The purchasing manager may establish written procedures, approved by the city manager, for single- or term-contracts for goods, services and professional services, if the aggregate or the sum of all amounts to be paid to the contractor during performance is not expected to exceed fifty thousand dollars ($50,000.00) ("small purchase procedures"). Such small purchase procedures shall provide for competition wherever practicable.
(g)
Upon a determination made in advance by the purchasing manager and set forth in writing that the purchase of goods, products or commodities from a public auction sale is in the best interests of the public, such items may be purchased at the auction, including online public auctions. The writing shall document the basis for this determination. However, bulk purchases of commodities used in road and highway construction and maintenance, and aggregates, shall not be made by online public auctions.
(h)
The purchase of goods or nonprofessional services, but not construction or professional services, may be made by reverse auctioning. However, bulk purchases of commodities used in road and highway construction and maintenance, and aggregates, shall not be made by reverse auctioning.
(i)
The city may participate in, sponsor, conduct, or administer a cooperative procurement agreement on behalf of or in conjunction with one (1) or more other public bodies, or public agencies or institutions or localities of the several states, of the Commonwealth of Virginia, of the United States or its territories, the District of Columbia, or the U.S. General Services Administration, for the purpose of combining requirements to increase efficiency or reduce administrative expenses in any acquisition of goods and services. A public body may purchase from another public body's contract even if it did not participate in the request for proposal or invitation to bid, if the request for proposal or invitation to bid specified that the procurement was being conducted on behalf of other public bodies, except for:
(1)
Contracts for architectural or engineering services; or
(2)
Construction in excess of two hundred thousand dollars ($200,000.00) by a local public body from the contract of another local public body that is more than a straight line distance of seventy-five (75) miles from the territorial limits of the local public body procuring the construction. The installation of artificial turf or other athletic surfaces shall not be subject to the limitations prescribed in this subsection. Nothing in this subsection shall be construed to prohibit sole source or emergency procurements awarded pursuant to subsections (d) and (e) of this section.
(j)
No contract for the construction of any building or for an addition to or improvement of an existing building by the city or any of its agencies, boards or departments for which state funds of not more than fifty thousand dollars ($50,000.00) in the aggregate or for the sum of all phases of a contract or project either by appropriation, grant-in-aid or loan, are used or are to be used for all or part of the cost of construction, shall be let except after competitive sealed bidding or competitive negotiation.
(k)
Upon a determination made in advance by the purchasing manager and set forth in writing that neither competitive sealed bidding nor competitive negotiations would be practicable or fiscally advantageous to the city, the city in its capacity as a utility operator may purchase services through or participate in contracts awarded by one (1) or more utility operators that are not public bodies for utility marking services as required by the Underground Utility Damage Prevention Act (§ 56-265.14 et seq. of the Code of Virginia), provided that the purchasing manager certifies in writing that the contract has been awarded based on competitive principles.
(11-15-04(3); 12-15-14); 12-15-14)
The provisions of this chapter shall not apply to:
(1)
Contracts for the acquisition of motor vehicles for sale or transfer to temporary assistance to needy families (TANF) recipients.
(2)
Contracts for goods or personal services for direct use by recipients of the following programs, if the procurement is made for an individual recipient: public assistance and social services programs, as defined in § 63.2-100 of the Virginia Code, or the Virginia Juvenile Community Crime Control Act (§ 16.1-309.2 et seq. of the Virginia Code). Contracts for the bulk procurement of goods or services for the use of such recipients are not exempt from the requirement of competitive procurement.
(3)
A procurement transaction that involves the expenditure of federal assistance or contract funds, the receipt of which is conditioned upon compliance with mandatory requirements in federal laws or regulations not in conformance with the provisions of this chapter. Under these circumstances the city may comply with such federal requirements, notwithstanding the provisions of this chapter, upon the written determination of the city manager that acceptance of the grant or contract funds under the applicable conditions is in the public interest. Such determination shall state the specific provision of this chapter in conflict with the conditions of the grant or contract.
(4)
Contracts for the purchase of goods or services that are produced or performed by persons, or in schools or workshops, under the supervision of the Virginia Department for the Blind and Vision Impaired, employment services organizations that offer transitional or supported employment services serving individuals with disabilities.
(5)
Contracts for the purchase of legal services, expert witnesses or other services associated with litigation or regulatory proceedings;
(6)
The Charlottesville Economic Development Authority may enter into contracts without competition with respect to any item of cost of "authority facilities" or "facilities" as defined within § 15.2-4902 of the Virginia Code.
(7)
Contracts for insurance or electric utility services purchased through an association of which the city is a member, if the association was formed and is maintained for the purpose of promoting the interest and welfare of and developing close relationships with similar public bodies, provided such association has procured the insurance or electric utility services by use of competitive principles and provided that the city's purchasing manager has made a written determination in advance, after reasonable notice to the public, that competitive sealed bidding and competitive negotiation are not fiscally advantageous to the public. The written determination shall document the basis for this determination.
(8)
Contracts for police services, when the chief of police certifies in writing to the purchasing manager that such services are needed for undercover police operations.
(9)
Contracts extending the time for performance of existing contracts, to allow completion of any work undertaken but not completed during the original term of the contract.
(10)
Contracts for essential election materials and services.
(11)
Contracts, and modifications of existing contracts, with the Columbia Gas Transmission Corporation, its successors or assigns, for the transportation of gas purchased from others, or for natural gas storage services; and contracts with sources other than Columbia Gas Transmission Corporation for such portions of the city's natural gas requirements as may be so obtained under existing applicable federal regulations; and contracts with Columbia Gas Transmission Corporation or other pipelines for the transportation of gas supplies. Contracts exempt from competitive procurement pursuant to this subsection shall be subject to the following:
a.
No contract for the purchase of natural gas from sources other than Columbia Gas Transmission Corporation shall be valid unless the director of public works (or designee) certifies to the purchasing manager that the price for such gas, including applicable transportation charges, is the lowest of no fewer than three (3) telephone price quotations or a single quote based on a published index price (such as NYMEX) obtained by the gas division before entering into such contract.
b.
The gas division shall maintain a list of all responsible bidders able to deliver natural gas supplies to the Columbia Gas system for transportation to the city, who have requested to be contacted when the city is proposing to enter into contracts for purchases of its gas supply. The bidders to be called for quotations on any single contract shall be chosen at random from the names on such list; provided, however, that any current supplier may be asked for a new price quotation for a renewal of an existing contract.
c.
The terms of any contract entered into pursuant to this subsection shall be summarized in a notice to be posted by the purchasing manager in a location lawfully designated for display of public notice of a contract award, pursuant to the Virginia Public Procurement Act. Such notice shall identify the price being paid to the current contractor as well as the price quotations obtained from other prospective contractors.
d.
Nothing contained in this section shall be deemed to prohibit the city from refusing to contract for gas purchases from any source of supply reasonably believed to be unreliable during a proposed contract period due to potential adverse weather or other reasonably foreseeable operating conditions.
(11-15-04(3); 9-4-07; 12-15-14)
Unless canceled or rejected, a responsive bid from the lowest responsible bidder in a competitive sealed bidding process shall be accepted as submitted, except that if the bid from the lowest responsible bidder exceeds available funds then the city may negotiate with the low bidder to obtain a contract price within available funds. If the city wishes to negotiate with the low bidder to obtain a contract price within available funds, negotiations shall be conducted in accordance with the following procedures:
(1)
The using department shall provide the purchasing manager with a written determination that the apparent low bid exceeds available funds. Such determination shall be confirmed in writing by the director of finance or his designee. The using department shall also provide the purchasing manager with a suggested reduction in scope or other suggested bid modification(s) to obtain a contract price within available funds.
(2)
The purchasing manager or designee shall advise the lowest responsible bidder in writing that the proposed purchase exceeds available funds. He shall further suggest a reduction in scope or other bid modification(s) for the proposed purchase and invite the lowest responsible bidder to amend its bid based upon the proposed reduction in scope or other bid modification(s).
(3)
Informal discussions shall be commenced with the low bidder, and repetitive informal discussions for the purposes of obtaining a contract within available funds shall be permissible.
(4)
The low bidder shall submit an addendum to its bid, which addendum shall include the change in scope for the proposed purchase, the reduction in price and the new contract value. If the addendum is acceptable to the city the city may award a contract within funds available to the lowest responsible bidder based upon the amended bid proposal.
(5)
If the city and the lowest responsible bidder cannot negotiate a contract within available funds, all bids shall be rejected.
(11-15-04(3); 12-15-14)
(a)
The city's purchasing manager is authorized to require pre-qualification of prospective contractors prior to any solicitation of bids or proposals, whether for goods, services, insurance or construction, by requiring the prospective contractors to submit such information as the purchasing manager shall deem appropriate, including samples, financial reports and references. The specific submission requirements for a specific procurement transaction shall be established in writing ("pre-qualification notice") and sufficiently in advance of implementation to allow potential contractors a fair opportunity to complete the process. The purchasing manager may employ standard forms designed to elicit necessary information or may he design other forms applicable to the specific procurement transaction.
(b)
The purchasing manager may refuse to pre-qualify any prospective contractor; provided, that written reasons for refusing to pre-qualify are made a part of the record in each case. No prospective contractor who has been debarred under this chapter shall be allowed an opportunity to pre-qualify for any contract.
(c)
In considering any request for pre-qualification, the purchasing manager shall determine whether there is reason to believe that the prospective contractor possesses the management, financial soundness and history of performance which indicate an apparent ability to complete successfully the plans, specifications or requirements of a procurement transaction, and whether the prospective contractor has satisfied the requirements of the pre-qualification notice issued by the purchasing manager.
(d)
Pre-qualification of a prospective contractor shall not constitute a conclusive determination that the contractor is a responsible bidder or offeror, and such contractor may be determined not responsible on the basis of subsequently discovered information.
(e)
Failure of a prospective contractor to pre-qualify with respect to a specific procurement transaction shall not bar the contractor from seeking pre-qualification as to future procurement transactions, or from seeking contracts with the city which do not require pre-qualification.
(11-15-04(3))
(a)
Generally. The purchasing manager may, in the public interest, debar a prospective contractor (including a prospective subcontractor) for any of the causes listed in subsection (b), below, using procedures described in subsection (d). The existence of a cause for debarment under subsection (b), however, does not necessarily require that the contractor be debarred. The seriousness of the contractor's acts or omissions and any mitigating factors should be considered in making any debarment decision.
(b)
Causes. The purchasing manager may debar a prospective contractor for any of the following causes:
(1)
Conviction of, or civil judgment establishing the contractor's:
a.
Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public contract or subcontract;
b.
Violation of federal or state antitrust statutes relating to the submission of offers;
c.
Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; or
d.
Commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of a government contractor or subcontractor.
(2)
Violation of the terms of a government contract or subcontract so serious as to justify debarment, such as willful failure to perform in accordance with the terms of one (1) or more contracts, or a history of failure to perform, or of unsatisfactory performance of one (1) or more contracts.
(3)
Disbarment by a federal, state or local government, a public authority, or other agency or entity subject to public procurement laws and requirements.
(4)
Any other cause of so serious or compelling a nature that it affects the present responsibility of a government contractor or subcontractor.
(c)
Reports and investigations. The purchasing manager shall establish procedures for the prompt reporting, investigation and referral of matters appropriate for his consideration in contemplating the debarment of a contractor or subcontractor.
(d)
Debarment procedures. The following procedures governing the debarment decision-making process are designed to be as informal as practicable, consistent with principles of fundamental fairness:
(1)
Notice to contractor. Debarment shall be initiated by advising the prospective contractor, by hand-delivery or by certified mail, return receipt requested, that debarment is being considered. Such notice shall include the reasons for the proposed debarment in terms sufficiently detailed to put the contractor on notice of the conduct or transaction(s) upon which the debarment is based, and shall identify the specific period of debarment under consideration. Unless a response is received from the prospective contractor within thirty (30) days of the date of this notice, the purchasing manager's decision shall be final. For the purposes of this subsection the "date of the notice" shall be deemed to be the date on which the notice is hand-delivered to the contractor or is deposited in the United States Mail.
(2)
Opportunity of contractor to respond. The prospective contractor or his authorized representative may submit to the purchasing manager, in writing, and within thirty (30) days of the date of the notice described in subparagraph (1), any information or argument that the contractor deems relevant to the proposed debarment, including, without limitation, any specific information that raises a genuine dispute as to a fact that is material to the purchasing manager's findings or conclusions. Following timely receipt of information from the contractor, the purchasing manager shall review the proposed debarment and shall, within fifteen (15) days thereafter, render a final determination. During the fifteen-day review period, the prospective contractor shall provide the purchasing manager with such additional information as he may request in order to complete his review of the proposed debarment.
(3)
Appeals. A final decision of the purchasing manager may be appealed by the prospective contractor by initiating legal action as provided within the Virginia Public Procurement Act.
(e)
Period of debarment. A debarment shall be and remain effective for a period commensurate with the seriousness of the cause, as determined by the purchasing manager in his discretion.
(11-15-04(3))
(a)
Except as otherwise provided in this section, every city contract for the provision of non-professional services, awarded after a process of competitive sealed bidding, shall require that the contractor pay each employee assigned to perform services under the contract, while such employee is performing such services on property owned or controlled by the city, a wage no less than the lowest hourly wage paid by the city to its own employees ("living wage").
(1)
This living wage requirement shall be identified and set forth within the procurement solicitation applicable to the service contract.
(2)
Each bidder for the contract shall be required to certify that, upon award of the contract he will comply with the living wage requirement set forth in paragraph (a), above. Any contractor who knowingly makes a false statement in such certification, or who fails to comply with such living wage requirement during performance of the contract, shall be subject to loss of the contract and to debarment.
(b)
The provisions of this section shall not apply to the following:
(1)
Contracts for construction services or for construction management services, contracts for mail delivery services, or contracts for the purchase or lease of goods;
(2)
Contracts for the provision or administration of any public assistance programs as defined in Va. Code § 63.1-87, mental health programs, substance abuse programs, housing programs, the fuel assistance program, services provided by or in association with community services boards, or the purchase of services under the Comprehensive Services Act for At-Risk Youth and Families or the Virginia Juvenile Community Crime Control Act;
(3)
Contracts procured through cooperative procurements, sole source procurements, emergency procurements, small purchase procedures, or competitive negotiations procedures, and transactions exempted from competitive procurement pursuant to section 22-5 of this chapter; and
(4)
Contracts with public bodies.
(11-15-04(3))
Every contract of over ten thousand dollars ($10,000.00) shall include the following provision:
During the performance of this contract, the contractor agrees that the contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.
(11-15-04(3))
(a)
In the case of a tie for the low bidder in a competitive sealed bidding process, other things being equal, if only one (1) of the bidders is located in the city or Albemarle County, then preference shall be given to such bidder.
(b)
If subsection (a) is inapplicable or does not resolve the tie, and other things being equal, if only one (1) of the bidders is a person who is a resident in Virginia, or has bid goods, services or construction to be produced in Virginia, then preference shall be given to such bidder.
(c)
If subsections (a) and (b) above are inapplicable or do not resolve the tie, the purchasing manager shall invite the tied bidders to resubmit written bids below the original bid, and award shall be made to the lowest responsive, responsible bidder who resubmits a written bid.
(d)
In the event that none of the foregoing provisions of this section resolve the tie, the purchasing manager may award the contract by lot to one (1) of the tied bidders, or may cancel the solicitation and rebid the contract.
(11-15-04(3))
Unless otherwise provided by law, a contract for goods, services or insurance may be entered into for any period of time deemed to be in the best interests of the city, provided that the proposed term of the contract, and conditions allowing for renewal or extension of such contract, if any, are identified in the solicitation, and upon the effective date of the contract funds are available and have been appropriated to meet the city's obligations under the contract during the initial fiscal year. The city's payment and performance obligations for succeeding fiscal years shall be subject to the availability and appropriation of funds therefor. When funds are not available or appropriated to support continuation of the city's payment and performing obligations in a subsequent fiscal period, the contract shall be canceled.
(11-15-04(3))
The purchasing manager may require bid, payment, or performance bonds for contracts for goods or services, if the requirement of any such bond(s) is specified in the applicable invitation to bid, request for proposals, or other solicitation document utilized in connection with a procurement transaction.
(11-15-04(3))
No person other than those specified within section 2-7 of the City Code shall have authority to sign any contract on behalf of the city, or to otherwise bind the city to any contract. For the purpose of this section, the term "contract" shall mean and refer to any agreement promising or obligating the payment of city funds for the purchase of any goods or services from a nongovernmental source, and shall include agreements commonly known as "work orders," "change orders," "addendums," "purchase orders," and similar arrangements.
(11-15-04(3))
A purchasing division is hereby established within the city's department of finance. A city purchasing manager shall be appointed by the director of finance.
(11-15-04(3))
(a)
The purchasing manager shall:
(1)
Ensure that the city may obtain high quality goods and services at a reasonable cost.
(2)
Oversee all of the city's procurement transactions, to ensure that all procurement procedures are conducted in a fair and impartial manner and in accordance with the requirements of this chapter and applicable state laws.
(3)
Establish written procedures for approval by the city manager:
a.
Governing the conduct of procurement transactions in accordance with the requirements of this chapter and applicable state law;
b.
Providing a process by which comments concerning specifications or other provisions in invitations to bid or requests for proposals can be received and considered prior to the time set for receipt of bids or proposals or award of a contract;
c.
Governing pre-qualification of prospective contractors for particular types of supplies, services, insurance, or construction, and for consideration of bids or proposals limited to such pre-qualified contractors;
d.
Providing a process for debarment of prospective contractors from contracting with the city for particular types of supplies, services, insurance or construction, consistent with the provisions of section 22-7 of this chapter;
e.
Providing for the conduct of small purchase procedures; and
f.
Providing a procedure for the consideration of claims submitted by a contractor pursuant to § 2.2-4363 of the Virginia Code.
(4)
Accept surplus property from city departments. The purchasing manager may transfer such property to other departments where appropriate and shall endeavor to sell the remainder. Sales of surplus property shall be on the basis of competitive bids whenever practicable.
(5)
Establish programs, manuals and forms, as he deems necessary to facilitate and implement the provisions of this chapter and of any regulations approved by the city manager.
(6)
Delegate authority to purchase specified goods, services, insurance or construction to other city officials, upon a determination set forth in writing that such delegation is necessary for the effective procurement of those items.
(7)
Establish programs to facilitate the participation of small businesses and businesses owned by women and minorities in procurement transactions, which programs may include cooperation with the Virginia Department of Minority Business Enterprise, the Virginia Department of Transportation, the United States Small Business Administration, and other public or private agencies, and oversee any process of compliance and certification of any federal Disadvantaged Business Enterprise (DBE) requirements applicable to the city as a result of the receipt of federal grant funding.
(8)
Ensure compliance with applicable provisions of the Fair Employment Contracting Act (§ 2.2-4200 et seq. of the Code of Virginia) and of the Information Technology Access Act (§ 2.2-3500 et seq. of the Code of Virginia) and other provisions of state law which may be applicable to specific procurement transactions of the city.
(9)
Perform such other functions and duties as may be assigned to him by the city manager.
(b)
The purchasing manager may establish a written administrative procedure to govern the hearing of protests of a decision to award, or an award; appeals from refusals to allow withdrawal of a bid; appeals from disqualifications and determinations of non-responsibility; appeals from decisions on disputes arising during the performance of a contract; or any of these. Such administrative procedure shall be consistent with the requirements of § 2.2-4365 of the Code of Virginia, and shall be approved by the city manager and the city attorney.
(11-15-04(3); 12-15-14)
Cross reference— Transfer of unclaimed property to purchasing agent or director of finance, § 20-58; sale or transfer of unclaimed property to city department or agency, § 20-59; procedure for donating city property in excess of one hundred dollars, § 2-98.
State Law reference— Provisions relating to surplus property, Code of Virginia, §§ 2.2-1124, 15.2-951, and 15.2-953.
Except as otherwise provided in this chapter, no city official, elected or appointed, an no city employee, shall purchase or contract for any goods, services, insurance or construction within the purview of this chapter other than by and through the purchasing manager. Any purchase order or other contract made contrary to the provisions of this section is not approved and the city shall not be bound thereby. Any city official or employee who violates the provisions of this section shall be held personally liable for such purchase, and, if already paid for out of city funds, the amount may be recovered in the name of the city in an appropriate action instituted therefor.
(11-15-04(3))
The purpose of this chapter is to supplement the provisions of the Virginia Public Procurement Act (Code of Virginia, § 2.2-4300 et seq., as amended), by enunciating the city's policies pertaining to governmental procurement from nongovernmental sources, to encourage competition among vendors and contractors, to provide for the fair and equitable treatment of all persons involved in public purchasing by the city, to maximize the purchasing value of public funds in procurement so that high quality goods and services may be obtained at the lowest possible price, and to increase public confidence in procurement practices by providing safeguards for maintaining a procurement system of quality and integrity.
(11-15-04(3); 12-15-14)
This chapter should be read in conjunction with the Virginia Public Procurement Act to apply to contracts for the procurement of goods, services, insurance and construction entered into by the city, involving every expenditure for public purchasing, regardless of its source. The provisions of the Act shall apply except where modified by alternative policies and procedures enumerated in this chapter.
(11-15-04(3))
Except where the context clearly indicates a different meaning, the words, terms and phrases used in this chapter shall have the meanings ascribed to them in the Virginia Public Procurement Act in effect on the effective date of this chapter, and any future amendments to such Act and any successor titles, chapters, articles and sections as they may become effective.
(11-15-04(3))
(a)
All city contracts with nongovernmental contractors for the purchase or lease of goods, or for the purchase of services (including construction services) or insurance, shall be awarded after competitive sealed bidding or competitive negotiation, unless otherwise authorized by the Virginia Public Procurement Act or this chapter.
(b)
Goods, non-professional services, and insurance shall be procured by competitive sealed bidding.
(1)
Upon a written determination, made in advance by the purchasing manager, that competitive sealed bidding is either not practicable or not fiscally advantageous to the public, goods, services, or insurance may be procured by competitive negotiation. The writing shall document the basis for this determination.
(2)
Upon a written determination, made in advance by the purchasing manager, that competitive negotiation is either not practicable or not fiscally advantageous, insurance may be procured through a licensed agent or broker. The licensed agent or broker shall be selected in the manner provided for the procurement of things other than professional services using a competitive negotiations process.
(c)
Construction services shall be procured by competitive sealed bidding. However, upon a written determination, made in advance by the purchasing manager, that competitive sealed bidding is either not practicable or not fiscally advantageous to the public, the following construction services may be procured by competitive negotiation:
(1)
Contracts for the construction of public streets and any draining, dredging, excavation, grading or similar work upon real property, or
(2)
For design-build and construction management contracts as provided in § 2.2-4308 of the Code of Virginia.
The purchasing manager's determination shall document the basis for his determination.
(d)
Upon a written determination, made in advance by the purchasing manager, that there is only one (1) source practicably available for that which is to be procured, a contract may be negotiated and awarded to that source without competitive sealed bidding or competitive negotiation. The writing shall document the basis for this determination. The purchasing manager shall issue a written notice stating that only one (1) source was determined to be practicably available, and identifying that which is being procured, the contractor selected, and the date on which the contract was or will be awarded. This notice shall be posted on the city's website. In addition, the notice may be posted in a designated public area or published in a newspaper of general circulation on the day the city awards or announces its decision to award the contract, whichever occurs first.
(e)
In case of emergency, a contract may be awarded without competitive sealed bidding or competitive negotiation; however, such procurement shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be prepared by the procurement manager and included in the contract file. The purchasing manager shall issue a written notice stating that the contract is being awarded on an emergency basis, and identifying that which is being procured, the contractor selected, and the date on which the contract was or will be awarded. This notice shall be posted on the City's website. In addition, the notice may be posted in a designated public area or published in a newspaper of general circulation on the day the city awards or announces its decision to award the contract, whichever occurs first, or as soon thereafter as is practicable.
(f)
The purchasing manager may establish written procedures, approved by the city manager, for single- or term-contracts for goods, services and professional services, if the aggregate or the sum of all amounts to be paid to the contractor during performance is not expected to exceed fifty thousand dollars ($50,000.00) ("small purchase procedures"). Such small purchase procedures shall provide for competition wherever practicable.
(g)
Upon a determination made in advance by the purchasing manager and set forth in writing that the purchase of goods, products or commodities from a public auction sale is in the best interests of the public, such items may be purchased at the auction, including online public auctions. The writing shall document the basis for this determination. However, bulk purchases of commodities used in road and highway construction and maintenance, and aggregates, shall not be made by online public auctions.
(h)
The purchase of goods or nonprofessional services, but not construction or professional services, may be made by reverse auctioning. However, bulk purchases of commodities used in road and highway construction and maintenance, and aggregates, shall not be made by reverse auctioning.
(i)
The city may participate in, sponsor, conduct, or administer a cooperative procurement agreement on behalf of or in conjunction with one (1) or more other public bodies, or public agencies or institutions or localities of the several states, of the Commonwealth of Virginia, of the United States or its territories, the District of Columbia, or the U.S. General Services Administration, for the purpose of combining requirements to increase efficiency or reduce administrative expenses in any acquisition of goods and services. A public body may purchase from another public body's contract even if it did not participate in the request for proposal or invitation to bid, if the request for proposal or invitation to bid specified that the procurement was being conducted on behalf of other public bodies, except for:
(1)
Contracts for architectural or engineering services; or
(2)
Construction in excess of two hundred thousand dollars ($200,000.00) by a local public body from the contract of another local public body that is more than a straight line distance of seventy-five (75) miles from the territorial limits of the local public body procuring the construction. The installation of artificial turf or other athletic surfaces shall not be subject to the limitations prescribed in this subsection. Nothing in this subsection shall be construed to prohibit sole source or emergency procurements awarded pursuant to subsections (d) and (e) of this section.
(j)
No contract for the construction of any building or for an addition to or improvement of an existing building by the city or any of its agencies, boards or departments for which state funds of not more than fifty thousand dollars ($50,000.00) in the aggregate or for the sum of all phases of a contract or project either by appropriation, grant-in-aid or loan, are used or are to be used for all or part of the cost of construction, shall be let except after competitive sealed bidding or competitive negotiation.
(k)
Upon a determination made in advance by the purchasing manager and set forth in writing that neither competitive sealed bidding nor competitive negotiations would be practicable or fiscally advantageous to the city, the city in its capacity as a utility operator may purchase services through or participate in contracts awarded by one (1) or more utility operators that are not public bodies for utility marking services as required by the Underground Utility Damage Prevention Act (§ 56-265.14 et seq. of the Code of Virginia), provided that the purchasing manager certifies in writing that the contract has been awarded based on competitive principles.
(11-15-04(3); 12-15-14); 12-15-14)
The provisions of this chapter shall not apply to:
(1)
Contracts for the acquisition of motor vehicles for sale or transfer to temporary assistance to needy families (TANF) recipients.
(2)
Contracts for goods or personal services for direct use by recipients of the following programs, if the procurement is made for an individual recipient: public assistance and social services programs, as defined in § 63.2-100 of the Virginia Code, or the Virginia Juvenile Community Crime Control Act (§ 16.1-309.2 et seq. of the Virginia Code). Contracts for the bulk procurement of goods or services for the use of such recipients are not exempt from the requirement of competitive procurement.
(3)
A procurement transaction that involves the expenditure of federal assistance or contract funds, the receipt of which is conditioned upon compliance with mandatory requirements in federal laws or regulations not in conformance with the provisions of this chapter. Under these circumstances the city may comply with such federal requirements, notwithstanding the provisions of this chapter, upon the written determination of the city manager that acceptance of the grant or contract funds under the applicable conditions is in the public interest. Such determination shall state the specific provision of this chapter in conflict with the conditions of the grant or contract.
(4)
Contracts for the purchase of goods or services that are produced or performed by persons, or in schools or workshops, under the supervision of the Virginia Department for the Blind and Vision Impaired, employment services organizations that offer transitional or supported employment services serving individuals with disabilities.
(5)
Contracts for the purchase of legal services, expert witnesses or other services associated with litigation or regulatory proceedings;
(6)
The Charlottesville Economic Development Authority may enter into contracts without competition with respect to any item of cost of "authority facilities" or "facilities" as defined within § 15.2-4902 of the Virginia Code.
(7)
Contracts for insurance or electric utility services purchased through an association of which the city is a member, if the association was formed and is maintained for the purpose of promoting the interest and welfare of and developing close relationships with similar public bodies, provided such association has procured the insurance or electric utility services by use of competitive principles and provided that the city's purchasing manager has made a written determination in advance, after reasonable notice to the public, that competitive sealed bidding and competitive negotiation are not fiscally advantageous to the public. The written determination shall document the basis for this determination.
(8)
Contracts for police services, when the chief of police certifies in writing to the purchasing manager that such services are needed for undercover police operations.
(9)
Contracts extending the time for performance of existing contracts, to allow completion of any work undertaken but not completed during the original term of the contract.
(10)
Contracts for essential election materials and services.
(11)
Contracts, and modifications of existing contracts, with the Columbia Gas Transmission Corporation, its successors or assigns, for the transportation of gas purchased from others, or for natural gas storage services; and contracts with sources other than Columbia Gas Transmission Corporation for such portions of the city's natural gas requirements as may be so obtained under existing applicable federal regulations; and contracts with Columbia Gas Transmission Corporation or other pipelines for the transportation of gas supplies. Contracts exempt from competitive procurement pursuant to this subsection shall be subject to the following:
a.
No contract for the purchase of natural gas from sources other than Columbia Gas Transmission Corporation shall be valid unless the director of public works (or designee) certifies to the purchasing manager that the price for such gas, including applicable transportation charges, is the lowest of no fewer than three (3) telephone price quotations or a single quote based on a published index price (such as NYMEX) obtained by the gas division before entering into such contract.
b.
The gas division shall maintain a list of all responsible bidders able to deliver natural gas supplies to the Columbia Gas system for transportation to the city, who have requested to be contacted when the city is proposing to enter into contracts for purchases of its gas supply. The bidders to be called for quotations on any single contract shall be chosen at random from the names on such list; provided, however, that any current supplier may be asked for a new price quotation for a renewal of an existing contract.
c.
The terms of any contract entered into pursuant to this subsection shall be summarized in a notice to be posted by the purchasing manager in a location lawfully designated for display of public notice of a contract award, pursuant to the Virginia Public Procurement Act. Such notice shall identify the price being paid to the current contractor as well as the price quotations obtained from other prospective contractors.
d.
Nothing contained in this section shall be deemed to prohibit the city from refusing to contract for gas purchases from any source of supply reasonably believed to be unreliable during a proposed contract period due to potential adverse weather or other reasonably foreseeable operating conditions.
(11-15-04(3); 9-4-07; 12-15-14)
Unless canceled or rejected, a responsive bid from the lowest responsible bidder in a competitive sealed bidding process shall be accepted as submitted, except that if the bid from the lowest responsible bidder exceeds available funds then the city may negotiate with the low bidder to obtain a contract price within available funds. If the city wishes to negotiate with the low bidder to obtain a contract price within available funds, negotiations shall be conducted in accordance with the following procedures:
(1)
The using department shall provide the purchasing manager with a written determination that the apparent low bid exceeds available funds. Such determination shall be confirmed in writing by the director of finance or his designee. The using department shall also provide the purchasing manager with a suggested reduction in scope or other suggested bid modification(s) to obtain a contract price within available funds.
(2)
The purchasing manager or designee shall advise the lowest responsible bidder in writing that the proposed purchase exceeds available funds. He shall further suggest a reduction in scope or other bid modification(s) for the proposed purchase and invite the lowest responsible bidder to amend its bid based upon the proposed reduction in scope or other bid modification(s).
(3)
Informal discussions shall be commenced with the low bidder, and repetitive informal discussions for the purposes of obtaining a contract within available funds shall be permissible.
(4)
The low bidder shall submit an addendum to its bid, which addendum shall include the change in scope for the proposed purchase, the reduction in price and the new contract value. If the addendum is acceptable to the city the city may award a contract within funds available to the lowest responsible bidder based upon the amended bid proposal.
(5)
If the city and the lowest responsible bidder cannot negotiate a contract within available funds, all bids shall be rejected.
(11-15-04(3); 12-15-14)
(a)
The city's purchasing manager is authorized to require pre-qualification of prospective contractors prior to any solicitation of bids or proposals, whether for goods, services, insurance or construction, by requiring the prospective contractors to submit such information as the purchasing manager shall deem appropriate, including samples, financial reports and references. The specific submission requirements for a specific procurement transaction shall be established in writing ("pre-qualification notice") and sufficiently in advance of implementation to allow potential contractors a fair opportunity to complete the process. The purchasing manager may employ standard forms designed to elicit necessary information or may he design other forms applicable to the specific procurement transaction.
(b)
The purchasing manager may refuse to pre-qualify any prospective contractor; provided, that written reasons for refusing to pre-qualify are made a part of the record in each case. No prospective contractor who has been debarred under this chapter shall be allowed an opportunity to pre-qualify for any contract.
(c)
In considering any request for pre-qualification, the purchasing manager shall determine whether there is reason to believe that the prospective contractor possesses the management, financial soundness and history of performance which indicate an apparent ability to complete successfully the plans, specifications or requirements of a procurement transaction, and whether the prospective contractor has satisfied the requirements of the pre-qualification notice issued by the purchasing manager.
(d)
Pre-qualification of a prospective contractor shall not constitute a conclusive determination that the contractor is a responsible bidder or offeror, and such contractor may be determined not responsible on the basis of subsequently discovered information.
(e)
Failure of a prospective contractor to pre-qualify with respect to a specific procurement transaction shall not bar the contractor from seeking pre-qualification as to future procurement transactions, or from seeking contracts with the city which do not require pre-qualification.
(11-15-04(3))
(a)
Generally. The purchasing manager may, in the public interest, debar a prospective contractor (including a prospective subcontractor) for any of the causes listed in subsection (b), below, using procedures described in subsection (d). The existence of a cause for debarment under subsection (b), however, does not necessarily require that the contractor be debarred. The seriousness of the contractor's acts or omissions and any mitigating factors should be considered in making any debarment decision.
(b)
Causes. The purchasing manager may debar a prospective contractor for any of the following causes:
(1)
Conviction of, or civil judgment establishing the contractor's:
a.
Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public contract or subcontract;
b.
Violation of federal or state antitrust statutes relating to the submission of offers;
c.
Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; or
d.
Commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of a government contractor or subcontractor.
(2)
Violation of the terms of a government contract or subcontract so serious as to justify debarment, such as willful failure to perform in accordance with the terms of one (1) or more contracts, or a history of failure to perform, or of unsatisfactory performance of one (1) or more contracts.
(3)
Disbarment by a federal, state or local government, a public authority, or other agency or entity subject to public procurement laws and requirements.
(4)
Any other cause of so serious or compelling a nature that it affects the present responsibility of a government contractor or subcontractor.
(c)
Reports and investigations. The purchasing manager shall establish procedures for the prompt reporting, investigation and referral of matters appropriate for his consideration in contemplating the debarment of a contractor or subcontractor.
(d)
Debarment procedures. The following procedures governing the debarment decision-making process are designed to be as informal as practicable, consistent with principles of fundamental fairness:
(1)
Notice to contractor. Debarment shall be initiated by advising the prospective contractor, by hand-delivery or by certified mail, return receipt requested, that debarment is being considered. Such notice shall include the reasons for the proposed debarment in terms sufficiently detailed to put the contractor on notice of the conduct or transaction(s) upon which the debarment is based, and shall identify the specific period of debarment under consideration. Unless a response is received from the prospective contractor within thirty (30) days of the date of this notice, the purchasing manager's decision shall be final. For the purposes of this subsection the "date of the notice" shall be deemed to be the date on which the notice is hand-delivered to the contractor or is deposited in the United States Mail.
(2)
Opportunity of contractor to respond. The prospective contractor or his authorized representative may submit to the purchasing manager, in writing, and within thirty (30) days of the date of the notice described in subparagraph (1), any information or argument that the contractor deems relevant to the proposed debarment, including, without limitation, any specific information that raises a genuine dispute as to a fact that is material to the purchasing manager's findings or conclusions. Following timely receipt of information from the contractor, the purchasing manager shall review the proposed debarment and shall, within fifteen (15) days thereafter, render a final determination. During the fifteen-day review period, the prospective contractor shall provide the purchasing manager with such additional information as he may request in order to complete his review of the proposed debarment.
(3)
Appeals. A final decision of the purchasing manager may be appealed by the prospective contractor by initiating legal action as provided within the Virginia Public Procurement Act.
(e)
Period of debarment. A debarment shall be and remain effective for a period commensurate with the seriousness of the cause, as determined by the purchasing manager in his discretion.
(11-15-04(3))
(a)
Except as otherwise provided in this section, every city contract for the provision of non-professional services, awarded after a process of competitive sealed bidding, shall require that the contractor pay each employee assigned to perform services under the contract, while such employee is performing such services on property owned or controlled by the city, a wage no less than the lowest hourly wage paid by the city to its own employees ("living wage").
(1)
This living wage requirement shall be identified and set forth within the procurement solicitation applicable to the service contract.
(2)
Each bidder for the contract shall be required to certify that, upon award of the contract he will comply with the living wage requirement set forth in paragraph (a), above. Any contractor who knowingly makes a false statement in such certification, or who fails to comply with such living wage requirement during performance of the contract, shall be subject to loss of the contract and to debarment.
(b)
The provisions of this section shall not apply to the following:
(1)
Contracts for construction services or for construction management services, contracts for mail delivery services, or contracts for the purchase or lease of goods;
(2)
Contracts for the provision or administration of any public assistance programs as defined in Va. Code § 63.1-87, mental health programs, substance abuse programs, housing programs, the fuel assistance program, services provided by or in association with community services boards, or the purchase of services under the Comprehensive Services Act for At-Risk Youth and Families or the Virginia Juvenile Community Crime Control Act;
(3)
Contracts procured through cooperative procurements, sole source procurements, emergency procurements, small purchase procedures, or competitive negotiations procedures, and transactions exempted from competitive procurement pursuant to section 22-5 of this chapter; and
(4)
Contracts with public bodies.
(11-15-04(3))
Every contract of over ten thousand dollars ($10,000.00) shall include the following provision:
During the performance of this contract, the contractor agrees that the contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.
(11-15-04(3))
(a)
In the case of a tie for the low bidder in a competitive sealed bidding process, other things being equal, if only one (1) of the bidders is located in the city or Albemarle County, then preference shall be given to such bidder.
(b)
If subsection (a) is inapplicable or does not resolve the tie, and other things being equal, if only one (1) of the bidders is a person who is a resident in Virginia, or has bid goods, services or construction to be produced in Virginia, then preference shall be given to such bidder.
(c)
If subsections (a) and (b) above are inapplicable or do not resolve the tie, the purchasing manager shall invite the tied bidders to resubmit written bids below the original bid, and award shall be made to the lowest responsive, responsible bidder who resubmits a written bid.
(d)
In the event that none of the foregoing provisions of this section resolve the tie, the purchasing manager may award the contract by lot to one (1) of the tied bidders, or may cancel the solicitation and rebid the contract.
(11-15-04(3))
Unless otherwise provided by law, a contract for goods, services or insurance may be entered into for any period of time deemed to be in the best interests of the city, provided that the proposed term of the contract, and conditions allowing for renewal or extension of such contract, if any, are identified in the solicitation, and upon the effective date of the contract funds are available and have been appropriated to meet the city's obligations under the contract during the initial fiscal year. The city's payment and performance obligations for succeeding fiscal years shall be subject to the availability and appropriation of funds therefor. When funds are not available or appropriated to support continuation of the city's payment and performing obligations in a subsequent fiscal period, the contract shall be canceled.
(11-15-04(3))
The purchasing manager may require bid, payment, or performance bonds for contracts for goods or services, if the requirement of any such bond(s) is specified in the applicable invitation to bid, request for proposals, or other solicitation document utilized in connection with a procurement transaction.
(11-15-04(3))
No person other than those specified within section 2-7 of the City Code shall have authority to sign any contract on behalf of the city, or to otherwise bind the city to any contract. For the purpose of this section, the term "contract" shall mean and refer to any agreement promising or obligating the payment of city funds for the purchase of any goods or services from a nongovernmental source, and shall include agreements commonly known as "work orders," "change orders," "addendums," "purchase orders," and similar arrangements.
(11-15-04(3))
A purchasing division is hereby established within the city's department of finance. A city purchasing manager shall be appointed by the director of finance.
(11-15-04(3))
(a)
The purchasing manager shall:
(1)
Ensure that the city may obtain high quality goods and services at a reasonable cost.
(2)
Oversee all of the city's procurement transactions, to ensure that all procurement procedures are conducted in a fair and impartial manner and in accordance with the requirements of this chapter and applicable state laws.
(3)
Establish written procedures for approval by the city manager:
a.
Governing the conduct of procurement transactions in accordance with the requirements of this chapter and applicable state law;
b.
Providing a process by which comments concerning specifications or other provisions in invitations to bid or requests for proposals can be received and considered prior to the time set for receipt of bids or proposals or award of a contract;
c.
Governing pre-qualification of prospective contractors for particular types of supplies, services, insurance, or construction, and for consideration of bids or proposals limited to such pre-qualified contractors;
d.
Providing a process for debarment of prospective contractors from contracting with the city for particular types of supplies, services, insurance or construction, consistent with the provisions of section 22-7 of this chapter;
e.
Providing for the conduct of small purchase procedures; and
f.
Providing a procedure for the consideration of claims submitted by a contractor pursuant to § 2.2-4363 of the Virginia Code.
(4)
Accept surplus property from city departments. The purchasing manager may transfer such property to other departments where appropriate and shall endeavor to sell the remainder. Sales of surplus property shall be on the basis of competitive bids whenever practicable.
(5)
Establish programs, manuals and forms, as he deems necessary to facilitate and implement the provisions of this chapter and of any regulations approved by the city manager.
(6)
Delegate authority to purchase specified goods, services, insurance or construction to other city officials, upon a determination set forth in writing that such delegation is necessary for the effective procurement of those items.
(7)
Establish programs to facilitate the participation of small businesses and businesses owned by women and minorities in procurement transactions, which programs may include cooperation with the Virginia Department of Minority Business Enterprise, the Virginia Department of Transportation, the United States Small Business Administration, and other public or private agencies, and oversee any process of compliance and certification of any federal Disadvantaged Business Enterprise (DBE) requirements applicable to the city as a result of the receipt of federal grant funding.
(8)
Ensure compliance with applicable provisions of the Fair Employment Contracting Act (§ 2.2-4200 et seq. of the Code of Virginia) and of the Information Technology Access Act (§ 2.2-3500 et seq. of the Code of Virginia) and other provisions of state law which may be applicable to specific procurement transactions of the city.
(9)
Perform such other functions and duties as may be assigned to him by the city manager.
(b)
The purchasing manager may establish a written administrative procedure to govern the hearing of protests of a decision to award, or an award; appeals from refusals to allow withdrawal of a bid; appeals from disqualifications and determinations of non-responsibility; appeals from decisions on disputes arising during the performance of a contract; or any of these. Such administrative procedure shall be consistent with the requirements of § 2.2-4365 of the Code of Virginia, and shall be approved by the city manager and the city attorney.
(11-15-04(3); 12-15-14)
Cross reference— Transfer of unclaimed property to purchasing agent or director of finance, § 20-58; sale or transfer of unclaimed property to city department or agency, § 20-59; procedure for donating city property in excess of one hundred dollars, § 2-98.
State Law reference— Provisions relating to surplus property, Code of Virginia, §§ 2.2-1124, 15.2-951, and 15.2-953.
Except as otherwise provided in this chapter, no city official, elected or appointed, an no city employee, shall purchase or contract for any goods, services, insurance or construction within the purview of this chapter other than by and through the purchasing manager. Any purchase order or other contract made contrary to the provisions of this section is not approved and the city shall not be bound thereby. Any city official or employee who violates the provisions of this section shall be held personally liable for such purchase, and, if already paid for out of city funds, the amount may be recovered in the name of the city in an appropriate action instituted therefor.
(11-15-04(3))
Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 1 misdemeanor.
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
No person shall wilfully place a stone or other obstruction upon the tracks of any railway company with intent to obstruct, impede or otherwise interfere with the operation of such railroad.
(Code 1976, § 22-2)
No locomotive engine horn or whistle shall be sounded in the city limits except to warn persons or animals off the roadbed.
(Code 1976, § 22-3)
Cross reference— Noise control, Ch. 16.
No locomotive engine bell may be rung within the city, except when the engine is in motion unless to warn a person off the track, and in motion only when approaching and within two hundred (200) feet or less of a street which the track crosses at grade, unless an emergency involving risk of life or serious injury should require warning by bell the person menaced.
(Code 1976, § 22-4)
No person, except an employee of the railway company, shall get on or off a train while such train is in motion.
(Code 1976, § 22-6)
It shall be unlawful for any person to play around or upon the railroad tracks or upon the platforms of any passenger depot or around any railroad shops in the city. Any person violating this section may be ordered to desist by any special or regular police officer, and upon failure to do so, may be arrested for the violation. Nothing contained in this section shall be construed so as to interfere with persons who are traveling or persons meeting or accompanying travelers.
(Code 1976, § 22-7)
(a)
It shall be unlawful for any railroad company or any receiver or trustee operating a railroad to obstruct for a longer period than five (5) minutes the free passage on any street or road by standing cars or trains across the same, except a passenger train while receiving or discharging passengers, but a passway shall be kept open to allow normal flow of traffic; nor shall it be lawful to stand any wagon or other vehicle on the track of any railroad which will hinder or endanger a moving train; provided, that when a train has been uncoupled, so as to make a passway, the time necessarily required, not exceeding three (3) minutes, to pump up the air after the train has been recoupled shall not be included in considering the time such cars or trains were standing across such street or road.
(b)
Any railroad company, receiver or trustee violating any of the provisions of this section shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00); provided, that the fine may be one hundred dollars ($100.00) for each minute beyond the permitted time but the total fine shall not exceed five hundred dollars ($500.00).
(c)
This section shall not apply when a train is stopped due to breakdown, mechanical failure or emergency.
(Code 1976, § 22-8)
State Law reference— Similar provisions, Code of Virginia, § 56-412.1.
Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 1 misdemeanor.
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
No person shall wilfully place a stone or other obstruction upon the tracks of any railway company with intent to obstruct, impede or otherwise interfere with the operation of such railroad.
(Code 1976, § 22-2)
No locomotive engine horn or whistle shall be sounded in the city limits except to warn persons or animals off the roadbed.
(Code 1976, § 22-3)
Cross reference— Noise control, Ch. 16.
No locomotive engine bell may be rung within the city, except when the engine is in motion unless to warn a person off the track, and in motion only when approaching and within two hundred (200) feet or less of a street which the track crosses at grade, unless an emergency involving risk of life or serious injury should require warning by bell the person menaced.
(Code 1976, § 22-4)
No person, except an employee of the railway company, shall get on or off a train while such train is in motion.
(Code 1976, § 22-6)
It shall be unlawful for any person to play around or upon the railroad tracks or upon the platforms of any passenger depot or around any railroad shops in the city. Any person violating this section may be ordered to desist by any special or regular police officer, and upon failure to do so, may be arrested for the violation. Nothing contained in this section shall be construed so as to interfere with persons who are traveling or persons meeting or accompanying travelers.
(Code 1976, § 22-7)
(a)
It shall be unlawful for any railroad company or any receiver or trustee operating a railroad to obstruct for a longer period than five (5) minutes the free passage on any street or road by standing cars or trains across the same, except a passenger train while receiving or discharging passengers, but a passway shall be kept open to allow normal flow of traffic; nor shall it be lawful to stand any wagon or other vehicle on the track of any railroad which will hinder or endanger a moving train; provided, that when a train has been uncoupled, so as to make a passway, the time necessarily required, not exceeding three (3) minutes, to pump up the air after the train has been recoupled shall not be included in considering the time such cars or trains were standing across such street or road.
(b)
Any railroad company, receiver or trustee violating any of the provisions of this section shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00); provided, that the fine may be one hundred dollars ($100.00) for each minute beyond the permitted time but the total fine shall not exceed five hundred dollars ($500.00).
(c)
This section shall not apply when a train is stopped due to breakdown, mechanical failure or emergency.
(Code 1976, § 22-8)
State Law reference— Similar provisions, Code of Virginia, § 56-412.1.
This chapter may be cited as the "Smoking and Nonsmoking Regulations."
(Code 1976, § 24.1-1)
(a)
Any person who violates any provision of this chapter, whether such person manages or otherwise controls an area regulated by this chapter or smokes in violation of this chapter, shall be guilty of a Class 4 misdemeanor.
(b)
Each day of violation of any provision of this chapter shall constitute a separate offense.
(Code 1976, § 24.1-11)
Cross reference— Penalty for Class 4 misdemeanor, § 1-11.
The city council hereby finds and declares that exposure to environmental tobacco smoke is a serious hazard to the public health, welfare, peace and safety and the quality of life; that a substantial body of scientific and medical evidence exists which documents this hazard, including, but not limited to, the 1986 Report of the Surgeon General entitled "The Health Consequences of Involuntary Smoking"; that both smokers and nonsmokers have individual rights which are important to preserve; and that it is the object of this chapter to help minimize the health hazards described herein, particularly as they exist in certain public places and places of employment, while simultaneously recognizing the sometimes competing interests of smokers and nonsmokers as well as the burdens hereby imposed on persons in management and control of the places regulated.
(Code 1976, § 24.1-2)
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Bar or lounge area means an area or a room utilized primarily for the sale of alcoholic beverages for consumption by patrons on the premises and in which the sale of food is merely incidental to the sale of alcoholic beverages. Although a restaurant may contain a bar, the term "bar" shall not encompass an entire restaurant or any dining area.
Child care facility means any facility which is a "child-care center" or a "family day-care home" as defined by Code of Virginia, section 63.1-195.
Food store means any supermarket or grocery store which is designed and arranged to display food products and which has as its primary business purpose the sale of food products to consumers for consumption off the premises, and not for resale.
Health care facility means any office or institution providing individual care or treatment of diseases, whether physical, mental or emotional, or other medical, physiological or psychological conditions, including, but not limited to, hospitals, clinics, nursing homes, homes for the aging or chronically ill, laboratories and offices of any physician, dentist, chiropractor, psychologist, psychiatrist, physiologist, podiatrist, optometrist or optician.
Public meeting means any meeting or assembly held in a public building or building leased for a public purpose which is open to the public for the conduct of the affairs of, and the transaction of business by, any legislative, administrative or advisory body or agency of the city, including boards, commissions, authorities, councils, committees, subcommittees and other subordinate groups thereof, receiving or expending and supported in whole or in part by public funds.
Public place means an enclosed area available for use by or accessible to the general public during the normal course of business conducted by either private or public entities.
Shared work area means any enclosed area on the premises of a place of employment:
(1)
That is a private work area to which the general public does not have access,
(2)
In which two (2) or more employees are assigned to work for most of their workday,
(3)
Where such employees must share common work spaces, equipment or facilities, and
(4)
Where each such employee is aware of or readily available to observe the activities of others taking place in his work area.
Smoking or to smoke means the act of smoking or carrying a lighted or smoldering cigar, cigarette or pipe of any kind or lighting a cigar, cigarette or pipe of any kind.
Theater means any indoor facility or auditorium, open to the public, which is primarily used for or designed for the purpose of exhibiting any motion picture, stage drama, musical recital, dance, lecture or other similar performance.
(Code 1976, § 24.1-3)
Cross reference— Definitions and rules of construction generally, § 1-2.
Except as otherwise provided herein, it shall be unlawful for any person to smoke in any of the following public places:
(1)
In an elevator, regardless of capacity, except in those elevators in single-family dwellings.
(2)
In any health care facility, regardless of capacity, but with the exception of private patient rooms designed for only one (1) patient.
(3)
In any public meeting attended by more than two (2) persons.
(4)
In any theater, except smoking by performers as part of the production.
(5)
In any art gallery, library, museum or similar cultural facility, supported in whole or in part with public funds.
(6)
In the city hall and any other public building that is wholly or partially owned or leased by the city, is located within and is a part of the corporate limits of the city and is under the direct and exclusive management of the city manager's office.
(7)
In the designated no-smoking area of any restaurant that is subject to the provisions of section 24-7.
(8)
In any elementary or secondary school, or child care facility, whether public or private.
(9)
In any vehicles owned or leased by the city and used regularly for public transportation, including, but not limited to, transit buses and school buses.
(10)
In any food store in which the aggregate retail, storage and office space exceeds eight thousand (8,000) square feet.
(Code 1976, § 24.1-4)
(a)
Any employer who owns and operates a business within the city limits and who employs five (5) or more employees shall have the responsibility to provide, to the extent reasonably practicable, smoke-free work areas for nonsmoking employees who work in a shared work area or space.
(b)
Smoking is prohibited in the shared work areas of such an employer, unless each and every employee in a particular shared work area consents in writing to such smoking.
(c)
Nothing herein shall prevent an employer covered by this section from establishing lawfully designated smoking areas outside of shared work areas and in accord with section 24-9; provided, that restrooms in buildings owned or managed by such employers shall not be designated smoking areas, unless separate restrooms are furnished for smokers and nonsmokers.
(Code 1976, § 24.1-5)
(a)
Any restaurant having a seating capacity for seventy-five (75) or more persons shall have a designated no-smoking area comprised of at least twenty (20) percent of the seating capacity of such restaurant. The designated no-smoking area shall be located in a separate room if one is available in the restaurant or, if no separate room is available, it shall be located in a compact and contiguous area as far removed from areas where smoking is permitted, and closest to the best source of ventilation, as is reasonably possible under applicable building code and fire regulations. In determining whether the designated twenty-percent nonsmoking area is of sufficient size to comply with this section, seats in any room or area which is closed for business at the time of determination shall not be counted.
(b)
In determining whether a restaurant is subject to the provisions of subsection (a) of this section, the following shall not be included:
(1)
Seats in the bar or lounge area of a restaurant.
(2)
Seats in any separate room of a restaurant which is used exclusively for private functions.
(3)
Seats located out-of-doors.
(Code 1976, § 24.1-6)
The prohibitions of this chapter shall not apply within the following areas:
(1)
Lawfully designated smoking areas which meet the conditions set forth in section 24-9.
(2)
An area of a theater commonly referred to as a lobby, if physically separated from the spectator area, but only if separate lobbies are provided for smokers and nonsmokers.
(3)
Office or work areas which are not shared work areas and which are not entered by the public in the normal course of business or use of the premises.
(4)
Any tobacco shop or store primarily concerned with selling tobacco and smoking implements.
(5)
Areas within enclosed public buildings, as defined in section 24-5(5), which are being used as private dwelling units or are occupied by tenants who are leasing space from the city and are tenants whose use of the subject space is free from express prohibitions contained in other provisions of this chapter.
(6)
Courthouses owned or leased by the city.
(7)
Those health care facilities or portions thereof which engage primarily in the treatment of patients suffering from alcohol and other chemical dependency or abuse, or psychiatric disorders or illnesses when implementation of the smoking prohibitions contained in this chapter would, in the written opinion of attending physicians, produce a significant risk of worsening a patient's mental health.
(8)
Buildings owned or leased by the County of Albemarle, the Commonwealth of Virginia (including the University of Virginia) and the federal government and its agencies.
(Code 1976, § 24.1-7)
The owner or person in charge of any building, structure, space, place or area in which smoking is prohibited may designate separate rooms or areas in which smoking is permitted; provided, that:
(1)
Rooms or areas in which smoking is permitted and which are so designated shall be separate to the extent reasonably practicable from those rooms or areas entered by the public in the normal course of use of the particular business or institution.
(2)
In designated smoking areas, ventilation systems and existing physical barriers shall be used when reasonably practicable to minimize the toxic effect of smoke in adjacent nonsmoking areas.
(3)
Such designated smoking areas shall not be so large in number or area in any one building that the fundamental purposes of this chapter are defeated.
(Code 1976, § 24.1-8)
(a)
Any person who owns, manages or otherwise controls any building or area in which smoking is regulated by this chapter shall post in an appropriate place in a clear, conspicuous and sufficient manner "Smoking Permitted" signs or "No Smoking" signs (or the international "No Smoking" symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it). Print on such signs shall be at least one (1) inch in height, and the international symbol shall have a circle of at least four (4) inches in diameter.
(b)
Every restaurant regulated by this chapter shall post at or near its entrance a sign stating that a nonsmoking section is available, and whether it is physically separated by a wall from the smoking section (i.e., "partitioned" or "nonpartitioned").
(c)
"No Smoking" signs may, but are not required to, contain language that violation of the no smoking prohibition is a Class 4 misdemeanor and punishable by a fine up to one hundred dollars ($100.00).
(d)
Small restaurants, which by reason of their more limited seating capacity are not otherwise subject to this chapter, shall post signs at or near their entrances that adequately inform the public of what type of nonsmoking or smoking policy is preferred and enforced by management within the restaurant.
(Code 1976, § 24.1-9)
(a)
The provisions of this chapter shall be enforced by the health district, or any other department or person duly designated by the city manager.
(b)
Any citizen who desires to register a complaint under this chapter may initiate enforcement with the health district.
(Code 1976, § 24.1-10)
This chapter may be cited as the "Smoking and Nonsmoking Regulations."
(Code 1976, § 24.1-1)
(a)
Any person who violates any provision of this chapter, whether such person manages or otherwise controls an area regulated by this chapter or smokes in violation of this chapter, shall be guilty of a Class 4 misdemeanor.
(b)
Each day of violation of any provision of this chapter shall constitute a separate offense.
(Code 1976, § 24.1-11)
Cross reference— Penalty for Class 4 misdemeanor, § 1-11.
The city council hereby finds and declares that exposure to environmental tobacco smoke is a serious hazard to the public health, welfare, peace and safety and the quality of life; that a substantial body of scientific and medical evidence exists which documents this hazard, including, but not limited to, the 1986 Report of the Surgeon General entitled "The Health Consequences of Involuntary Smoking"; that both smokers and nonsmokers have individual rights which are important to preserve; and that it is the object of this chapter to help minimize the health hazards described herein, particularly as they exist in certain public places and places of employment, while simultaneously recognizing the sometimes competing interests of smokers and nonsmokers as well as the burdens hereby imposed on persons in management and control of the places regulated.
(Code 1976, § 24.1-2)
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Bar or lounge area means an area or a room utilized primarily for the sale of alcoholic beverages for consumption by patrons on the premises and in which the sale of food is merely incidental to the sale of alcoholic beverages. Although a restaurant may contain a bar, the term "bar" shall not encompass an entire restaurant or any dining area.
Child care facility means any facility which is a "child-care center" or a "family day-care home" as defined by Code of Virginia, section 63.1-195.
Food store means any supermarket or grocery store which is designed and arranged to display food products and which has as its primary business purpose the sale of food products to consumers for consumption off the premises, and not for resale.
Health care facility means any office or institution providing individual care or treatment of diseases, whether physical, mental or emotional, or other medical, physiological or psychological conditions, including, but not limited to, hospitals, clinics, nursing homes, homes for the aging or chronically ill, laboratories and offices of any physician, dentist, chiropractor, psychologist, psychiatrist, physiologist, podiatrist, optometrist or optician.
Public meeting means any meeting or assembly held in a public building or building leased for a public purpose which is open to the public for the conduct of the affairs of, and the transaction of business by, any legislative, administrative or advisory body or agency of the city, including boards, commissions, authorities, councils, committees, subcommittees and other subordinate groups thereof, receiving or expending and supported in whole or in part by public funds.
Public place means an enclosed area available for use by or accessible to the general public during the normal course of business conducted by either private or public entities.
Shared work area means any enclosed area on the premises of a place of employment:
(1)
That is a private work area to which the general public does not have access,
(2)
In which two (2) or more employees are assigned to work for most of their workday,
(3)
Where such employees must share common work spaces, equipment or facilities, and
(4)
Where each such employee is aware of or readily available to observe the activities of others taking place in his work area.
Smoking or to smoke means the act of smoking or carrying a lighted or smoldering cigar, cigarette or pipe of any kind or lighting a cigar, cigarette or pipe of any kind.
Theater means any indoor facility or auditorium, open to the public, which is primarily used for or designed for the purpose of exhibiting any motion picture, stage drama, musical recital, dance, lecture or other similar performance.
(Code 1976, § 24.1-3)
Cross reference— Definitions and rules of construction generally, § 1-2.
Except as otherwise provided herein, it shall be unlawful for any person to smoke in any of the following public places:
(1)
In an elevator, regardless of capacity, except in those elevators in single-family dwellings.
(2)
In any health care facility, regardless of capacity, but with the exception of private patient rooms designed for only one (1) patient.
(3)
In any public meeting attended by more than two (2) persons.
(4)
In any theater, except smoking by performers as part of the production.
(5)
In any art gallery, library, museum or similar cultural facility, supported in whole or in part with public funds.
(6)
In the city hall and any other public building that is wholly or partially owned or leased by the city, is located within and is a part of the corporate limits of the city and is under the direct and exclusive management of the city manager's office.
(7)
In the designated no-smoking area of any restaurant that is subject to the provisions of section 24-7.
(8)
In any elementary or secondary school, or child care facility, whether public or private.
(9)
In any vehicles owned or leased by the city and used regularly for public transportation, including, but not limited to, transit buses and school buses.
(10)
In any food store in which the aggregate retail, storage and office space exceeds eight thousand (8,000) square feet.
(Code 1976, § 24.1-4)
(a)
Any employer who owns and operates a business within the city limits and who employs five (5) or more employees shall have the responsibility to provide, to the extent reasonably practicable, smoke-free work areas for nonsmoking employees who work in a shared work area or space.
(b)
Smoking is prohibited in the shared work areas of such an employer, unless each and every employee in a particular shared work area consents in writing to such smoking.
(c)
Nothing herein shall prevent an employer covered by this section from establishing lawfully designated smoking areas outside of shared work areas and in accord with section 24-9; provided, that restrooms in buildings owned or managed by such employers shall not be designated smoking areas, unless separate restrooms are furnished for smokers and nonsmokers.
(Code 1976, § 24.1-5)
(a)
Any restaurant having a seating capacity for seventy-five (75) or more persons shall have a designated no-smoking area comprised of at least twenty (20) percent of the seating capacity of such restaurant. The designated no-smoking area shall be located in a separate room if one is available in the restaurant or, if no separate room is available, it shall be located in a compact and contiguous area as far removed from areas where smoking is permitted, and closest to the best source of ventilation, as is reasonably possible under applicable building code and fire regulations. In determining whether the designated twenty-percent nonsmoking area is of sufficient size to comply with this section, seats in any room or area which is closed for business at the time of determination shall not be counted.
(b)
In determining whether a restaurant is subject to the provisions of subsection (a) of this section, the following shall not be included:
(1)
Seats in the bar or lounge area of a restaurant.
(2)
Seats in any separate room of a restaurant which is used exclusively for private functions.
(3)
Seats located out-of-doors.
(Code 1976, § 24.1-6)
The prohibitions of this chapter shall not apply within the following areas:
(1)
Lawfully designated smoking areas which meet the conditions set forth in section 24-9.
(2)
An area of a theater commonly referred to as a lobby, if physically separated from the spectator area, but only if separate lobbies are provided for smokers and nonsmokers.
(3)
Office or work areas which are not shared work areas and which are not entered by the public in the normal course of business or use of the premises.
(4)
Any tobacco shop or store primarily concerned with selling tobacco and smoking implements.
(5)
Areas within enclosed public buildings, as defined in section 24-5(5), which are being used as private dwelling units or are occupied by tenants who are leasing space from the city and are tenants whose use of the subject space is free from express prohibitions contained in other provisions of this chapter.
(6)
Courthouses owned or leased by the city.
(7)
Those health care facilities or portions thereof which engage primarily in the treatment of patients suffering from alcohol and other chemical dependency or abuse, or psychiatric disorders or illnesses when implementation of the smoking prohibitions contained in this chapter would, in the written opinion of attending physicians, produce a significant risk of worsening a patient's mental health.
(8)
Buildings owned or leased by the County of Albemarle, the Commonwealth of Virginia (including the University of Virginia) and the federal government and its agencies.
(Code 1976, § 24.1-7)
The owner or person in charge of any building, structure, space, place or area in which smoking is prohibited may designate separate rooms or areas in which smoking is permitted; provided, that:
(1)
Rooms or areas in which smoking is permitted and which are so designated shall be separate to the extent reasonably practicable from those rooms or areas entered by the public in the normal course of use of the particular business or institution.
(2)
In designated smoking areas, ventilation systems and existing physical barriers shall be used when reasonably practicable to minimize the toxic effect of smoke in adjacent nonsmoking areas.
(3)
Such designated smoking areas shall not be so large in number or area in any one building that the fundamental purposes of this chapter are defeated.
(Code 1976, § 24.1-8)
(a)
Any person who owns, manages or otherwise controls any building or area in which smoking is regulated by this chapter shall post in an appropriate place in a clear, conspicuous and sufficient manner "Smoking Permitted" signs or "No Smoking" signs (or the international "No Smoking" symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it). Print on such signs shall be at least one (1) inch in height, and the international symbol shall have a circle of at least four (4) inches in diameter.
(b)
Every restaurant regulated by this chapter shall post at or near its entrance a sign stating that a nonsmoking section is available, and whether it is physically separated by a wall from the smoking section (i.e., "partitioned" or "nonpartitioned").
(c)
"No Smoking" signs may, but are not required to, contain language that violation of the no smoking prohibition is a Class 4 misdemeanor and punishable by a fine up to one hundred dollars ($100.00).
(d)
Small restaurants, which by reason of their more limited seating capacity are not otherwise subject to this chapter, shall post signs at or near their entrances that adequately inform the public of what type of nonsmoking or smoking policy is preferred and enforced by management within the restaurant.
(Code 1976, § 24.1-9)
(a)
The provisions of this chapter shall be enforced by the health district, or any other department or person duly designated by the city manager.
(b)
Any citizen who desires to register a complaint under this chapter may initiate enforcement with the health district.
(Code 1976, § 24.1-10)
(a)
There is hereby created a social services and community attention advisory board (herein after in this article the "advisory board") for the city which shall consist of nine (9) members appointed by the city council, one (1) of whom shall be a member of the city council. The term of the city council member shall be concurrent with his or her service on the council. Other appointments shall be for a term of four (4) years each except that appointments to fill vacancies shall be for the unexpired terms. No person shall serve more than two (2) consecutive terms. The director of social services shall be an ex officio member, without vote, of the advisory board.
(b)
The powers and duties of the advisory board shall be as follows:
(1)
To interest itself in all matters pertaining to the social welfare of the people of the city;
(2)
To monitor the formulation and implementation of social welfare programs in the city;
(3)
To meet with the director of social services at least four (4) times a year for the purpose of making recommendations on policy matters concerning the department of social services;
(4)
To make an annual report to the city council, concurrent with the presentation of the annual budget, concerning the information of the public welfare and community attention programs;
(5)
To submit to the city council from time to time other reports that the advisory board deems appropriate;
(6)
To perform such other functions as may be from time to time prescribed for such boards by Code of Virginia, section 63.1-43.1.
(Code 1976, § 30-8.1; 7-20-92)
Cross reference— General limitation on terms of members of boards, § 2-8.
State Law reference— Local social services advisory boards, Code of Virginia, § 63.1-43.1.
The city council shall elect, for a term of two (2) years, a representative who shall be a member of the district home board. The compensation of the representative shall be as fixed by state law.
(Code 1976, § 30-7)
State Law reference— District homes for aged, indigent, infirm and incapacitated persons, Code of Virginia, §§ 63.1-183—63.1-194; compensation and expenses of members of district home board, § 63.1-185.
The director of social services shall be appointed by the city manager, shall hold office at the pleasure of the manager and shall receive such compensation as may be fixed by the city council.
(Code 1976, § 30-2)
The director of social services, subject to the approval of the city manager, shall have control and supervision of the department of social services and of the social services of the city. The director shall perform such other duties as are or may hereafter be prescribed by state law, this Code, the city council or the city manager.
(Code 1976, §§ 30-1, 30-3)
State Law reference— Authority of city to designate local department of public welfare as department of social services and to designate local superintendent of public welfare as director of social services, Code of Virginia, §§ 63.1-38.1, 63.1-59.1; general powers and duties of local director of social services, § 63.1-67.1 et seq.
Pursuant to the authority granted by Code of Virginia, section 63.1-43, the director of social services is hereby designated as the local board of social services for the city, and he shall exercise all powers, duties and responsibilities conferred upon such boards by law.
(Code 1976, § 30-6.1)
State Law reference— Functions, powers and duties of local boards, Code of Virginia, § 63.1-50 et seq.
The director of social services shall remand such cases to the district home as he may deem proper; provided, that each such case shall first be approved by the city member of the district home board.
(Code 1976, § 30-4)
The director of social services shall be responsible and accountable to the city for the proper expenditure and account of all funds appropriated by the city and no indebtedness shall be incurred by him beyond the amount appropriated by the city council.
(Code 1976, § 30-5)
The director of social services shall cause to be made on or before the tenth day of each month, to the city manager, a written report of the activities of his department for the preceding month, on forms prescribed by the city manager. The director shall also furnish from time to time such additional reports and information as may be required by the city council or the city manager.
(Code 1976, § 30-6)
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section, unless another meaning shall clearly appear from the context:
Affidavit means the rental relief grant affidavit.
Dwelling means the full-time residence of the person applying for a grant; provided, however, that the fact that a person who is otherwise qualified for a grant under this article is residing in a hospital, nursing home, convalescent home or other facility for physical or mental care for an extended period of time shall not be construed to mean that the location for which rental relief is claimed ceases to be the dwelling of such person during such period of other residence, so long as the rented premises in question are not occupied by, or leased to, others for consideration.
Grant means the financial assistance payment allowable to a qualifying elderly or permanently and totally disabled person pursuant to the requirements of this article.
Grant year means the calendar year for which a grant is sought.
Permanently and totally disabled, as applied to a person seeking a grant under this article, means a person furnishing the certification or medical affidavits required by section 30-99 of this Code, and who is found by the commissioner of revenue to be unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment or deformity which can be expected to result in death or can be expected to last for the duration of the person's life.
Rent means the monetary consideration paid for the right to occupy the dwelling unit.
Tenant means one residing in a dwelling by virtue of a leasehold interest, for which rent is paid.
(Code 1976, § 30-9)
Cross reference— Definitions and rules of construction generally, § 1-2.
It is hereby declared to be the purpose of this article to provide for the payment of grants to qualified tenants residing in the city who are not less than sixty-five (65) years of age or are perma nently and totally disabled and who are otherwise eligible according to the provisions of this article. The city council finds and declares that persons qualifying for such grants are deemed to bear an extraordinary burden in rent costs, and thereby indirectly an extraordinary real estate tax burden, in relation to their income and financial worth. Such persons are deemed thus to qualify for general relief as provided in Code of Virginia, section 63.1-106, which general relief shall be in the form of the grants provided pursuant to this article.
(Code 1976, § 30-10)
Grants pursuant to this article shall be made to persons complying with the following provisions:
(1)
The applicant has paid rent for his dwelling within the city during the grant year and was a resident of the city on December thirty-first of the grant year;
(2)
The applicant, or his spouse if they reside together, is sixty-five (65) years of age or older, or permanently and totally disabled, as of December thirty-first of the grant year;
(3)
The dwelling for which the rental relief grant is sought was occupied as of December thirty-first of the grant year as the sole dwelling place of the applicant;
(4)
The gross combined income during the grant year from all sources of such applicant and all relatives of the applicant living in such dwelling does not exceed the sum of fifty thousand dollars ($50,000.00); provided that the first seven thousand five hundred dollars ($7,500.00) of any income, (a) received by the applicant, or the applicant's spouse if they reside together, and classified as permanent disability compensation, or (b) received by any applicant who is at least sixty-five (65) years of age, is permanently and totally disabled, and can show that he or she did receive permanent disability compensation for at least twenty-four (24) consecutive months immediately prior to his or her sixty-fifth birthday, shall be excluded from such total; and provided, that the first eight thousand five hundred dollars ($8,500.00) of income of each relative other than spouse of such applicant who is living in such dwelling and does not qualify for rent relief shall be excluded from such total. If the applicant has been a resident of the city for less than the full grant year, the gross combined income for such year and the maximum allowable income shall be prorated for the period of actual residency.
(5)
The net combined financial worth of such applicant and relatives of such applicant living in such dwelling as of December thirty-first of the grant year does not exceed one hundred twenty-five thousand dollars ($125,000.00). Net combined financial worth shall include all assets, including equitable interests.
(Code 1976, § 30-11; 5-7-90, § 1; 6-1-92; 11-21-94; 6-4-01(4)§ 1; 3-3-03(3); 10-19-15(1))
(a)
Annually, and not later than May first of the year following the grant year, the person claiming a grant shall file with the commissioner of revenue of the city, a rental relief grant affidavit. The date for filing such an affidavit by an applicant may be extended by the commissioner of the revenue to July first of the year following the grant year for a first-time applicant and to July first of each year following the grant year in a hardship case in which the commissioner of the revenue determines that the applicant was unable to file by May first of the year following the grant year because of illness of the applicant or confinement of the applicant in a nursing home, hospital, or other medical facility or institution; provided, that such rental relief grant affidavit is accompanied by a written statement of one (1) medical doctor licensed to practice medicine in the commonwealth.
(b)
The affidavit shall set forth the names of the related persons occupying the dwelling for which rental relief is claimed, and the total combined net worth and gross combined income, as defined in this article, together with the amount of rent paid for such dwelling during the grant year. The form of such affidavit shall be determined by the commissioner of the revenue and approved by the city manager and shall contain such other information as may be necessary adequately to determine compliance with section 25-58. The affidavit of any person less than sixty-five (65) years of age who is claiming an exemption under this article shall be accompanied by certification or medical affidavits meeting the requirements of section 30-99 of this Code.
(Code 1976, § 30-12)
The commissioner of revenue may make such inquiry of applicants, requiring answers under oath and the production of certified tax returns, as may be reasonably necessary to determine eligibility for a grant under this article.
(Code 1976, § 30-12)
(a)
For qualifying applicants, the amount of the grant shall be twenty-five (25) percent of the amount determined by subtracting twenty-four (24) percent of gross combined income, as defined by section 25-58(4), from the lesser of:
(1)
The actual amount of rent paid; or
(2)
Six thousand dollars ($6,000.00).
(b)
If the applicant was a resident of the city for less than the full grant year, the actual rent paid or maximum rent allowable shall be prorated for the period of actual residency.
(Code 1976, § 30-13; 5-7-90, § 1; 11-21-94; 6-4-01(4), § 1)
The commissioner of revenue, after audit and investigation of affidavits submitted under this article, shall certify a list of the persons qualifying for grants and the amounts thereof to the director of finance and the city treasurer who shall pay forthwith to each applicant the amount of the grant for which he is eligible as determined pursuant to this article.
(Code 1976, § 30-12)
Any person falsely claiming a grant under this article shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense.
(Code 1976, § 30-14)
The city shall own and operate group homes for the residential care of children in need of services, delinquent or alleged delinquent youth, pursuant to Code of Virginia, article 13 of chapter 11 (section 16.1-310 et seq.) of title 16.1. Such facilities shall be known as the community attention homes and shall be operated under the general supervision and control of the city manager.
(Code 1976, § 30-15; 7-20-92)
(a)
There is hereby created a social services and community attention advisory board (herein after in this article the "advisory board") for the city which shall consist of nine (9) members appointed by the city council, one (1) of whom shall be a member of the city council. The term of the city council member shall be concurrent with his or her service on the council. Other appointments shall be for a term of four (4) years each except that appointments to fill vacancies shall be for the unexpired terms. No person shall serve more than two (2) consecutive terms. The director of social services shall be an ex officio member, without vote, of the advisory board.
(b)
The powers and duties of the advisory board shall be as follows:
(1)
To interest itself in all matters pertaining to the social welfare of the people of the city;
(2)
To monitor the formulation and implementation of social welfare programs in the city;
(3)
To meet with the director of social services at least four (4) times a year for the purpose of making recommendations on policy matters concerning the department of social services;
(4)
To make an annual report to the city council, concurrent with the presentation of the annual budget, concerning the information of the public welfare and community attention programs;
(5)
To submit to the city council from time to time other reports that the advisory board deems appropriate;
(6)
To perform such other functions as may be from time to time prescribed for such boards by Code of Virginia, section 63.1-43.1.
(Code 1976, § 30-8.1; 7-20-92)
Cross reference— General limitation on terms of members of boards, § 2-8.
State Law reference— Local social services advisory boards, Code of Virginia, § 63.1-43.1.
The city council shall elect, for a term of two (2) years, a representative who shall be a member of the district home board. The compensation of the representative shall be as fixed by state law.
(Code 1976, § 30-7)
State Law reference— District homes for aged, indigent, infirm and incapacitated persons, Code of Virginia, §§ 63.1-183—63.1-194; compensation and expenses of members of district home board, § 63.1-185.
The director of social services shall be appointed by the city manager, shall hold office at the pleasure of the manager and shall receive such compensation as may be fixed by the city council.
(Code 1976, § 30-2)
The director of social services, subject to the approval of the city manager, shall have control and supervision of the department of social services and of the social services of the city. The director shall perform such other duties as are or may hereafter be prescribed by state law, this Code, the city council or the city manager.
(Code 1976, §§ 30-1, 30-3)
State Law reference— Authority of city to designate local department of public welfare as department of social services and to designate local superintendent of public welfare as director of social services, Code of Virginia, §§ 63.1-38.1, 63.1-59.1; general powers and duties of local director of social services, § 63.1-67.1 et seq.
Pursuant to the authority granted by Code of Virginia, section 63.1-43, the director of social services is hereby designated as the local board of social services for the city, and he shall exercise all powers, duties and responsibilities conferred upon such boards by law.
(Code 1976, § 30-6.1)
State Law reference— Functions, powers and duties of local boards, Code of Virginia, § 63.1-50 et seq.
The director of social services shall remand such cases to the district home as he may deem proper; provided, that each such case shall first be approved by the city member of the district home board.
(Code 1976, § 30-4)
The director of social services shall be responsible and accountable to the city for the proper expenditure and account of all funds appropriated by the city and no indebtedness shall be incurred by him beyond the amount appropriated by the city council.
(Code 1976, § 30-5)
The director of social services shall cause to be made on or before the tenth day of each month, to the city manager, a written report of the activities of his department for the preceding month, on forms prescribed by the city manager. The director shall also furnish from time to time such additional reports and information as may be required by the city council or the city manager.
(Code 1976, § 30-6)
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section, unless another meaning shall clearly appear from the context:
Affidavit means the rental relief grant affidavit.
Dwelling means the full-time residence of the person applying for a grant; provided, however, that the fact that a person who is otherwise qualified for a grant under this article is residing in a hospital, nursing home, convalescent home or other facility for physical or mental care for an extended period of time shall not be construed to mean that the location for which rental relief is claimed ceases to be the dwelling of such person during such period of other residence, so long as the rented premises in question are not occupied by, or leased to, others for consideration.
Grant means the financial assistance payment allowable to a qualifying elderly or permanently and totally disabled person pursuant to the requirements of this article.
Grant year means the calendar year for which a grant is sought.
Permanently and totally disabled, as applied to a person seeking a grant under this article, means a person furnishing the certification or medical affidavits required by section 30-99 of this Code, and who is found by the commissioner of revenue to be unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment or deformity which can be expected to result in death or can be expected to last for the duration of the person's life.
Rent means the monetary consideration paid for the right to occupy the dwelling unit.
Tenant means one residing in a dwelling by virtue of a leasehold interest, for which rent is paid.
(Code 1976, § 30-9)
Cross reference— Definitions and rules of construction generally, § 1-2.
It is hereby declared to be the purpose of this article to provide for the payment of grants to qualified tenants residing in the city who are not less than sixty-five (65) years of age or are perma nently and totally disabled and who are otherwise eligible according to the provisions of this article. The city council finds and declares that persons qualifying for such grants are deemed to bear an extraordinary burden in rent costs, and thereby indirectly an extraordinary real estate tax burden, in relation to their income and financial worth. Such persons are deemed thus to qualify for general relief as provided in Code of Virginia, section 63.1-106, which general relief shall be in the form of the grants provided pursuant to this article.
(Code 1976, § 30-10)
Grants pursuant to this article shall be made to persons complying with the following provisions:
(1)
The applicant has paid rent for his dwelling within the city during the grant year and was a resident of the city on December thirty-first of the grant year;
(2)
The applicant, or his spouse if they reside together, is sixty-five (65) years of age or older, or permanently and totally disabled, as of December thirty-first of the grant year;
(3)
The dwelling for which the rental relief grant is sought was occupied as of December thirty-first of the grant year as the sole dwelling place of the applicant;
(4)
The gross combined income during the grant year from all sources of such applicant and all relatives of the applicant living in such dwelling does not exceed the sum of fifty thousand dollars ($50,000.00); provided that the first seven thousand five hundred dollars ($7,500.00) of any income, (a) received by the applicant, or the applicant's spouse if they reside together, and classified as permanent disability compensation, or (b) received by any applicant who is at least sixty-five (65) years of age, is permanently and totally disabled, and can show that he or she did receive permanent disability compensation for at least twenty-four (24) consecutive months immediately prior to his or her sixty-fifth birthday, shall be excluded from such total; and provided, that the first eight thousand five hundred dollars ($8,500.00) of income of each relative other than spouse of such applicant who is living in such dwelling and does not qualify for rent relief shall be excluded from such total. If the applicant has been a resident of the city for less than the full grant year, the gross combined income for such year and the maximum allowable income shall be prorated for the period of actual residency.
(5)
The net combined financial worth of such applicant and relatives of such applicant living in such dwelling as of December thirty-first of the grant year does not exceed one hundred twenty-five thousand dollars ($125,000.00). Net combined financial worth shall include all assets, including equitable interests.
(Code 1976, § 30-11; 5-7-90, § 1; 6-1-92; 11-21-94; 6-4-01(4)§ 1; 3-3-03(3); 10-19-15(1))
(a)
Annually, and not later than May first of the year following the grant year, the person claiming a grant shall file with the commissioner of revenue of the city, a rental relief grant affidavit. The date for filing such an affidavit by an applicant may be extended by the commissioner of the revenue to July first of the year following the grant year for a first-time applicant and to July first of each year following the grant year in a hardship case in which the commissioner of the revenue determines that the applicant was unable to file by May first of the year following the grant year because of illness of the applicant or confinement of the applicant in a nursing home, hospital, or other medical facility or institution; provided, that such rental relief grant affidavit is accompanied by a written statement of one (1) medical doctor licensed to practice medicine in the commonwealth.
(b)
The affidavit shall set forth the names of the related persons occupying the dwelling for which rental relief is claimed, and the total combined net worth and gross combined income, as defined in this article, together with the amount of rent paid for such dwelling during the grant year. The form of such affidavit shall be determined by the commissioner of the revenue and approved by the city manager and shall contain such other information as may be necessary adequately to determine compliance with section 25-58. The affidavit of any person less than sixty-five (65) years of age who is claiming an exemption under this article shall be accompanied by certification or medical affidavits meeting the requirements of section 30-99 of this Code.
(Code 1976, § 30-12)
The commissioner of revenue may make such inquiry of applicants, requiring answers under oath and the production of certified tax returns, as may be reasonably necessary to determine eligibility for a grant under this article.
(Code 1976, § 30-12)
(a)
For qualifying applicants, the amount of the grant shall be twenty-five (25) percent of the amount determined by subtracting twenty-four (24) percent of gross combined income, as defined by section 25-58(4), from the lesser of:
(1)
The actual amount of rent paid; or
(2)
Six thousand dollars ($6,000.00).
(b)
If the applicant was a resident of the city for less than the full grant year, the actual rent paid or maximum rent allowable shall be prorated for the period of actual residency.
(Code 1976, § 30-13; 5-7-90, § 1; 11-21-94; 6-4-01(4), § 1)
The commissioner of revenue, after audit and investigation of affidavits submitted under this article, shall certify a list of the persons qualifying for grants and the amounts thereof to the director of finance and the city treasurer who shall pay forthwith to each applicant the amount of the grant for which he is eligible as determined pursuant to this article.
(Code 1976, § 30-12)
Any person falsely claiming a grant under this article shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense.
(Code 1976, § 30-14)
The city shall own and operate group homes for the residential care of children in need of services, delinquent or alleged delinquent youth, pursuant to Code of Virginia, article 13 of chapter 11 (section 16.1-310 et seq.) of title 16.1. Such facilities shall be known as the community attention homes and shall be operated under the general supervision and control of the city manager.
(Code 1976, § 30-15; 7-20-92)
(a)
It shall be unlawful for any person to dump or otherwise dispose of trash, garbage, refuse, litter, a companion animal for the purpose of disposal, or other unsightly matter on public property, including a public street, right-of-way, property adjacent to such street or right-of-way, or on private property without the written consent of the owner thereof or his agent.
(b)
When any person is arrested for a violation of this section and the matter alleged to have been illegally dumped or disposed of has been ejected from a motor vehicle, the arresting officer may comply with the provisions of Code of Virginia, § 46.2-936 in making such arrest.
(c)
When a violation of the provisions of this section has been observed by any person, and the matter illegally dumped or disposed of has been ejected from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting such matter. Such presumption shall be rebuttable by competent evidence.
(d)
The provisions of this section shall not apply to the lawful disposal of such matter in landfills.
(9-21-09(1))
Cross reference— Penalty for Class 1 misdemeanor, § 1-11; allowing escape of vehicle load, § 15-71; depositing hazardous material on street, § 28-23.
State Law reference— Similar provisions and authority of city to adopt above section, Code of Virginia, § 33.1-346.
A violation of any provision of this chapter shall constitute a Class 1 misdemeanor.
(9-21-09(1))
[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]
Curbside customers are those persons who either reside or operate businesses within the city and receive curbside refuse collection service from the city.
Disposal stickers or decals are stickers purchased from the city or its authorized agents. They shall be a distinctive color and shall be printed with the city seal or appropriate words which will readily indicate to city collectors of curbside refuse that the bags or containers on which the stickers are attached are intended for city refuse collection.
Downtown Trash Collection Area means all streets or portions thereof as designated on the most recent Uptown/Downtown Trash Collection Area Map maintained by the Department of Public Works.
Dumpster can means a large refuse container with a minimum capacity of at least two (2) cubic yards and capable of being lifted mechanically by frontloading refuse trucks.
Garbage see Refuse.
Large item means large appliances (white goods), furniture, brush, and other household items too large or bulky to be contained within a thirty-two-gallon bag or container. This does not include hazardous waste, automobile parts, tires, asbestos, inert waste (e.g., dirt, logs, rock), small appliances, cardboard, contractor spoils (e.g., construction materials, tree trimmings or roots, demolition materials), nor refuse which the city regularly collects as part of its curbside collection.
Recyclable materials means the following materials:
(1)
All glass containers;
(2)
Aluminum cans;
(3)
Newspapers, cardboard, mixed paper, magazines and catalogs
(4)
Plastic soft drink bottles, milk, water jugs, #1 and #2 plastics;
(5)
Steel (tin) cans used for fruits, vegetables, soups, pet foods and other food items.
(6)
Any other items designated by the director of public works
Recycling containers are reusable containers approved and provided initially by the city or its agent for use by residential curbside customers or designated multifamily dwellings for the collection of recyclable material.
Refuse means garbage, trash, debris, litter and other solid waste which the city regularly collects as part of its curbside collection. This does not include hazardous waste, white goods, furniture, tires, automobile parts, asbestos and inert waste such as dirt, logs, rock, construction materials, brush (unless tied in bundles less than three (3) feet long) or demolition debris.
Uptown Trash Collection Area means all streets or portions thereof as designated on the most recent Uptown/Downtown Trash Collection Area Map maintained by the Department of Public Works.
Uptown/Downtown Trash Collection Area Map means a printed or electronic map maintained by the department of public works which designates properties, streets or portions thereof that are subject to specific trash placement, collection and payment regulations as outlined in this chapter.
Yard waste means weeds, brush or brush trimmings not eligible for collection in the large item refuse collection program.
(9-21-09(1))
(a)
All cooled ashes and kitchen garbage consisting in whole or in part of foodstuff and other damp garbage shall be drained and placed in a closed nonleaking container of not over ninety-six (96) gallon capacity. Containers shall be made of metal, plastic or other suitable material and shall have tight-fitting covers. Plastic bags used as containers shall, in lieu of having tight-fitting covers, be securely tied, be at least one and one-half (1.5) millimeters thick, and be sufficiently strong to contain the materials enclosed. Paper or cardboard containers (including paper bags) are not approved for use as containers under this chapter.
(b)
All animal wastes must be placed in a closed plastic bag and within another container to which a sticker is attached before they are set out for collection by the city.
(9-21-09(1))
Yard waste may be placed in containers with the appropriate sticker or decal, if the material is secured so as to prevent the yard waste from being blown therefrom.
(9-21-09(1))
(a)
During the months of November through January, it shall be unlawful to place leaves in containers for collection by the city. During such months, leaves shall only be placed in clear plastic bags for curbside collection or placed loose at the curb or street edge for vacuum collection. It shall be unlawful to rake leaves into any street far enough from the curb or street edge so as to create a traffic hazard. The safe distance from a curb or street edge for the deposit of leaves for vacuum collection will vary depending on street widths and other traffic conditions. It shall be unlawful to rake leaves onto a sidewalk so as to cover its entire width and obstruct pedestrian traffic on such sidewalk.
(b)
During the months of February through October, any leaves intended for city collection shall be placed in containers with the appropriate sticker or decal as yard waste in accordance with section 26-28. This includes any leaves deposited earlier for vacuum collection if such leaves were not so collected during the months of November through January.
(9-21-09(1))
The city or its agent will provide citywide curbside collection service of trash and recyclables to qualifying properties. The collection schedule shall be set by the director of public works, and a copy thereof shall be available to any city resident or business upon request. All collection services shall be subject to the regulations set forth herein, and the fee schedule set forth in this chapter.
(a)
Customers located in the Downtown Trash Collection Area shall be subject to the following collection procedures:
(1)
Wheeled carts, receptacles, bags, and bins containing garbage shall be placed in areas designated on the Uptown/Downtown Trash Collection Area Map. It shall be unlawful to place carts, receptacles, bags or bins on sidewalks, any brick surface, or on dead end side streets between Market Street and Water Street.
(2)
It shall be unlawful for wheeled carts, receptacles, bags and bins to be placed on any street from 10:00 a.m. to 3:00 p.m.
(3)
Restaurants shall use only closed, non-leaking containers with tops for refuse collection, with their name and address clearly marked on each container.
(b)
Customers located in the Uptown Trash Collection Area shall be subject to the following collection procedures:
(1)
Receptacles or bundles containing refuse and recyclables shall be placed along the edge of the sidewalk or roadway for collection on such days as may be scheduled by the director of public works and his/her designee.
(2)
Such garbage and refuse shall be so placed for collection not earlier than 6:00 p.m. on the day preceding the scheduled collection for such location nor later than 7:00 a.m. of the day of scheduled collection.
(3)
Emptied receptacles, except those installed below the ground, shall be removed by the owner thereof from the sidewalk or roadway and taken behind the building setback line no later than 12:00 pm (noon) the day of collection.
(c)
Customers located outside of the Uptown Trash Collection Area and Downtown Trash Collection Area shall be subject to the following collection procedures:
(1)
Receptacles or bundles containing refuse and recyclables shall be placed along the edge of the sidewalk or roadway for collection on such days as may be scheduled by the director of public works and his/her designee.
(2)
Such garbage and refuse shall be so placed for collection not earlier than 6:00 p.m. on the day preceding the scheduled collection for such location nor later than 7:00 a.m. of the day of scheduled collection.
(3)
Emptied receptacles, except those installed below the ground, shall be removed by the owner thereof from the sidewalk or roadway and taken behind the building setback line within twelve (12) hours after collection.
(9-21-09(1))
Factory cuttings, trade wastes, rejected building materials and hot ashes will not be collected by the city. Removal and proper disposal of such materials are the responsibility of the property owner.
(9-21-09(1))
It shall be unlawful for any nonresident of the city or any owner of a business not situated within the city limits, or any agent of either, to bring bagged, boxed or bundled household or business garbage or recyclables from outside the city into the city and deposit it anywhere in the city for collection by the city or its agent.
(9-21-09(1))
Any property or parcel of land on a street receiving once a week city curbside collection which on the average generates refuse each week which would fill more than twelve (12) thirty-two-gallon containers will be denied city curbside collection service, in which case the property owner is responsible to arrange for proper disposal of refuse through a private company.
(9-21-09(1))
The director of public works is hereby authorized to publish, implement and enforce reasonable regulations necessary to administer the city's curbside collection program. Such regulations shall serve as a supplement to this article.
(9-21-09(1))
This council finds that reduction of the solid waste stream through recycling efforts is one (1) effective means of addressing the growing problem and related escalating costs of solid waste disposal. Recycling should also aid in conservation of our nation's material resources. For these reasons, the council finds that the public interest will be better served if the following provisions are enacted to enable the city's curbside recycling program to operate as efficiently as is practicable.
(9-21-09(1))
All curbside customers may participate in the city-wide residential recycling program by (1) collecting all of their recyclable materials, and (2) placing such materials in recycling containers in the same location and manner as refuse is placed on the designated day for collection of those materials. Recycling containers shall be removed in the same manner as refuse containers.
(9-21-09(1))
Title to all recycling containers provided to customers by the city or its agent shall remain with the city or its agent. In the event a customer moves, the customer shall leave the recycling container behind to be used by the next customer occupying the property being served.
(9-21-09(1))
Once a customer places recyclable materials in a recycling container at a designated curbside collection point, title to those materials shall be deemed to be vested in the city or its designated agent. No person shall remove, take, collect or transport any recyclable material that has been placed in a recycling container from any curbside, street right-of-way, alley or other designated collection point without the express authority of the city.
(9-21-09(1))
No person shall use recycling containers for anything but participation in the city's curbside recycling program. No person may place garbage or other refuse in a recycling container. It shall be unlawful for any person to borrow, steal, damage or otherwise remove any recycling container from use in the curbside recycling program.
(9-21-09(1))
The director of public works is hereby authorized to publish, implement and enforce reasonable regulations necessary to administer the city's curbside recycling program. Such regulations shall serve as a supplement to this article.
(9-21-09(1))
This council finds that reduction of the solid waste stream through imposition of volume based user fees is one (1) effective means of addressing the growing problem and escalating costs of solid waste disposal. Such fees should also encourage recycling and help our locality meet the state mandate of reducing our locality's waste stream by twenty-five (25) percent. For these reasons, the council finds that the public interest will be better served if the following provisions are enacted.
(9-21-09(1))
City-wide curbside collection and refuse disposal service shall be provided only to curbside customers of the city who comply with this article and other applicable code provisions. (9-21-09(1))
To qualify for this service under this article curbside customers must place all accumulated refuse in a closed, nonleaking container of not over ninety-six-gallon capacity, which meets the following conditions:
(1)
Each container must have affixed to it a disposal sticker or decal purchased from the city or an authorized agent of the city.
(2)
For curbside customers receiving once-per-week collection service, each container or bag must be placed at the designated curbside point of collection not earlier than 6:00 p.m. on the day preceding the scheduled collection nor later than 7:00 a.m. on the day of scheduled collection. Containers shall be removed within the time frame set forth in this chapter.
(3)
Notwithstanding other provisions of this chapter, for those customers receiving collection service more frequently than once per week, refer to section 26-30 of this Code.
(9-21-09(1))
(a)
Disposal stickers shall be sold by the city or its authorized agents at the following prices:
| Per large container sticker (up to 32 gallon capacity and up to 50 pounds) | $2.10 |
| Per small container sticker (up to 13 gallon capacity and up to 25 pounds) | 1.05 |
For weekly collection:
| Per annual 32 gallon container and up to 50 pounds decal if purchased between July 1 and September 30 | $94.50 |
| Per annual 32 gallon container decal if purchased between October 1 and December 31 | 68.25 |
| Per annual 32 gallon container decal if purchased between January 1 and March 31 | 46.25 |
| Per annual 32 gallon container decal if purchased between April 1 and June 30 | 23.25 |
| Per annual 50 gallon container and up to 75 pounds decal if purchased between July 1 and September 30 | 147.50 |
| Per annual 50 gallon container decal if purchased between October 1 and December 31 | 110.25 |
| Per annual 50 gallon container decal if purchased between January 1 and March 31 | 73.50 |
| Per annual 50 gallon container decal if purchased between April 1 and June 30 | 36.75 |
| Per annual 64 gallon container and up to 100 pounds decal if purchased between July 1 and September 30 | 189.00 |
| Per annual 64 gallon container decal if purchased between October 1 and December 31 | 141.75 |
| Per annual 64 gallon container decal if purchased between January 1 and March 31 | 94.50 |
| Per annual 64 gallon container decal if purchased between April 1 and June 30 | 47.25 |
| Per annual 96 gallon container and up to 150 pounds decal if purchased between July 1 and September 30 | 283.50 |
| Per annual 96 gallon container decal if purchased between October 1 and December 31 | 204.75 |
| Per annual 96 gallon container decal if purchased between January 1 and March 31 | 138.75 |
| Per annual 96 gallon container decal if purchased between April 1 and June 30 | 69.75 |
For daily collection:
| Per quarterly 64 gallon container decal (pro-rated daily after the beginning of each quarter) | $327.60 |
| Per quarterly 96 gallon container decal (pro-rated daily after the beginning of each quarter) | 491.40 |
(b)
Authorized agents who sell disposal stickers for the city at retail may purchase disposal stickers from the city at a five (5) percent discount of the list price, but they may not sell the stickers at a higher price than the list price set forth herein.
(9-21-09(1))
As many as four (4) large container stickers per month or one (1) annual thirty-two-gallon decal may be obtained directly from City Hall, at no charge to the curbside customer, provided that:
(1)
No more than one (1) customer per dwelling unit may obtain such free stickers, and
(2)
Such customer is also eligible to receive relief or subsidies under any of the following programs:
a.
The federal or state food stamp program;
b.
Medicaid;
c.
The city's rent relief program for the elderly and the disabled; or
d.
The city's real estate tax relief program for the elderly and disabled.
(9-21-09(1))
(a)
Persons eligible to be curbside customers shall dispose of refuse by:
(1)
Using the city's curbside collection service, where available, and by adhering to this chapter;
(2)
Using the services of a private refuse hauler; or
(3)
Transporting and disposing of refuse in any approved landfill, provided that the load of refuse so transported is tightly covered and secured.
(b)
No person shall transport his or her refuse to a city park or to any other location on public or private property without the written consent of the owner and every person shall comply with the anti-littering provisions found elsewhere in this chapter (section 26-1).
(c)
No person shall place any refuse or other waste material at or near any curb, sidewalk or street other than the curb, sidewalk or street immediately in front of their property from which such refuse was generated unless they obtain express consent for such placement from the director of public works, except as provided in section 26-30(a).
(9-21-09(1))
Where the city has not collected refuse or other material from curbside points of collection or elsewhere because such refuse or other materials were not placed or prepared in accord with this article, the persons responsible for such placement shall remove that refuse or other material as soon as practicable after the city has refused collection, and in any event, by the end of the designated collection day.
(9-21-09(1))
Whenever a person places refuse or other waste material for collection by the city under its curbside collection program without complying with all the provisions of this article, in addition to or in lieu of prosecution of such person for a Class 1 misdemeanor violation, the city may do also either of the following:
(1)
The city may choose not to collect the refuse or material. In such case, the city shall affix a notice to the rejected container, refuse or material explaining the reason for the rejection. A similar notice may be given to the property owner of the property in front of which such uncollected refuse or material was placed. The latter notice may be verbal or written and shall be provided as soon as is feasible after the rejection; or
(2)
The city may collect the refuse or material notwithstanding the fact that its placement or packaging does not comply with the provisions of this article. In such cases, the city shall after reasonable notice assess a special service charge against the owner of the property in front of which such waste material was placed. Such special service charge shall be in accord with the following:
Containers of 96 gallons or less, per occasion requiring a service charge for the first two (2) containers ..... $15.00
For each additional container ..... 5.00
These assessments shall be billed to the owner. Such assessments may be billed and collected as taxes and levies are collected, or in separate billings, including but not limited to, those related to utility payments. Every charge authorized by this section with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property.
(9-21-09(1))
Owners of property in the city whose property is eligible for service under this curbside collection program and their tenants must comply with provisions of this article.
(9-21-09(1))
(a)
Private refuse haulers operating in the city must require their customers to use containers which are approved by the city to make certain such containers are clearly distinguishable by color, markings or otherwise from those containers which will be handled by city refuse collectors.
(b)
Collection of refuse by private haulers shall occur on the same day as collection of curbside refuse by the city.
(c)
Each container of refuse for private collection must be placed and removed in the same manner as would be required for curbside collection in section 26-30 of this Code.
(9-21-09(1))
It shall be unlawful to (a) manufacture, make, possess, sell, market, use or distribute disposal stickers which have not been authorized by the city for use in the curbside collection program under this chapter, or (b) counterfeit or otherwise produce with an intent to deceive disposal stickers which imitate those stickers duly authorized by the city.
(9-21-09(1))
The director of public works is hereby authorized to publish, implement and enforce reasonable regulations necessary to administer the city's curbside refuse user fee program. Such regulations shall serve as a supplement to this article.
(9-21-09(1))
Collection of refuse items too large or bulky to fit into thirty-two-gallon containers will be available to curbside customers under the conditions set forth in this article.
(9-21-09(1))
City-wide large item collection service shall be provided by the city only to curbside customers of the city who comply with this article and other applicable code provisions. Scheduled collections for large item pick-up must be made by telephone, online form, in person or in writing to the city's public works department (public service division), and a non-refundable fee shall be paid to the treasurer's office. The fee shall be thirty-five dollars ($35.00) for the first collection; fifty dollars ($50.00) for the second collection and one hundred dollars ($100.00) for the third and all subsequent collections. The fee calendar is established using a rolling year, i.e. a year (three hundred sixty-five (365) days) is measured backward from the schedule of a collection. Customers are allowed an unlimited number of collections.
(9-21-09(1); 6-3-13(1))
To qualify for service under this article curbside customers must place all accumulated large items for collection near the curb no later than 7:00 a.m. on the day of the scheduled large item collection, and no earlier than 7:00 a.m. on the day before the scheduled large item collection. Items excluded from the large item collection include those that will fit into a thirty-two (32) gallon trash container, hazardous waste, recyclable boxes or cardboard, automotive parts, cans or bags of domestic trash. Contractor spoils (brick, concrete, roofing shingles, and any material resulting from construction for which a contractor has received payment) may not be disposed of via large item pickup. Brush must be between three (3) and ten (10) feet in length, and no greater than six (6) inches in diameter.
(9-21-09(1); 6-3-13(1))
Where the city has not collected large items from curbside points of collection because such refuse was not placed or prepared in accord with this article, the persons responsible for such placement shall remove the rejected item(s) from the curbside as soon as practicable after the city has refused collection, and in any event within twenty-four (24) hours after the scheduled collection day.
(9-21-09(1))
Whenever a person places refuse for collection by the city under its large item collection program without complying with all the provisions of this article, in addition to or in lieu of prosecution of such person for a Class 1 misdemeanor violation, the city may do either of the following:
(1)
The city may choose not to collect the refuse or material. In such case, the city shall affix a notice to the rejected refuse or material explaining the reason for the rejection. A similar notice may be given to the property owner of the property in front of which such uncollected refuse or material was placed. The latter notice may be verbal or written and shall be provided as soon as is feasible after the rejection; or
(2)
The city may collect the refuse or material notwithstanding the fact that its placement does not comply with the provisions of this article. In such cases, the city shall after reasonable notice assess the actual cost of collection, which shall not exceed one hundred fifty dollars ($150.00) per dump truck load, against the owner of the property in front of which such refuse was placed.
This charge shall be billed to the owner, and collected as taxes and levies are collected, or in separate billings, including but not limited to, those related to utility payments. Every charge authorized by this section with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property.
(9-21-09(1))
Owners of property in the city whose property is eligible for service under this large item collection program and their tenants must comply with provisions of this article.
(9-21-09(1))
The director of public works is hereby authorized to publish, implement, and enforce reasonable regulations necessary to administer the city's large item collection program. Such regulations shall serve as a supplement to this article.
(9-21-09(1))
(a)
It shall be unlawful for any person to dump or otherwise dispose of trash, garbage, refuse, litter, a companion animal for the purpose of disposal, or other unsightly matter on public property, including a public street, right-of-way, property adjacent to such street or right-of-way, or on private property without the written consent of the owner thereof or his agent.
(b)
When any person is arrested for a violation of this section and the matter alleged to have been illegally dumped or disposed of has been ejected from a motor vehicle, the arresting officer may comply with the provisions of Code of Virginia, § 46.2-936 in making such arrest.
(c)
When a violation of the provisions of this section has been observed by any person, and the matter illegally dumped or disposed of has been ejected from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting such matter. Such presumption shall be rebuttable by competent evidence.
(d)
The provisions of this section shall not apply to the lawful disposal of such matter in landfills.
(9-21-09(1))
Cross reference— Penalty for Class 1 misdemeanor, § 1-11; allowing escape of vehicle load, § 15-71; depositing hazardous material on street, § 28-23.
State Law reference— Similar provisions and authority of city to adopt above section, Code of Virginia, § 33.1-346.
A violation of any provision of this chapter shall constitute a Class 1 misdemeanor.
(9-21-09(1))
[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]
Curbside customers are those persons who either reside or operate businesses within the city and receive curbside refuse collection service from the city.
Disposal stickers or decals are stickers purchased from the city or its authorized agents. They shall be a distinctive color and shall be printed with the city seal or appropriate words which will readily indicate to city collectors of curbside refuse that the bags or containers on which the stickers are attached are intended for city refuse collection.
Downtown Trash Collection Area means all streets or portions thereof as designated on the most recent Uptown/Downtown Trash Collection Area Map maintained by the Department of Public Works.
Dumpster can means a large refuse container with a minimum capacity of at least two (2) cubic yards and capable of being lifted mechanically by frontloading refuse trucks.
Garbage see Refuse.
Large item means large appliances (white goods), furniture, brush, and other household items too large or bulky to be contained within a thirty-two-gallon bag or container. This does not include hazardous waste, automobile parts, tires, asbestos, inert waste (e.g., dirt, logs, rock), small appliances, cardboard, contractor spoils (e.g., construction materials, tree trimmings or roots, demolition materials), nor refuse which the city regularly collects as part of its curbside collection.
Recyclable materials means the following materials:
(1)
All glass containers;
(2)
Aluminum cans;
(3)
Newspapers, cardboard, mixed paper, magazines and catalogs
(4)
Plastic soft drink bottles, milk, water jugs, #1 and #2 plastics;
(5)
Steel (tin) cans used for fruits, vegetables, soups, pet foods and other food items.
(6)
Any other items designated by the director of public works
Recycling containers are reusable containers approved and provided initially by the city or its agent for use by residential curbside customers or designated multifamily dwellings for the collection of recyclable material.
Refuse means garbage, trash, debris, litter and other solid waste which the city regularly collects as part of its curbside collection. This does not include hazardous waste, white goods, furniture, tires, automobile parts, asbestos and inert waste such as dirt, logs, rock, construction materials, brush (unless tied in bundles less than three (3) feet long) or demolition debris.
Uptown Trash Collection Area means all streets or portions thereof as designated on the most recent Uptown/Downtown Trash Collection Area Map maintained by the Department of Public Works.
Uptown/Downtown Trash Collection Area Map means a printed or electronic map maintained by the department of public works which designates properties, streets or portions thereof that are subject to specific trash placement, collection and payment regulations as outlined in this chapter.
Yard waste means weeds, brush or brush trimmings not eligible for collection in the large item refuse collection program.
(9-21-09(1))
(a)
All cooled ashes and kitchen garbage consisting in whole or in part of foodstuff and other damp garbage shall be drained and placed in a closed nonleaking container of not over ninety-six (96) gallon capacity. Containers shall be made of metal, plastic or other suitable material and shall have tight-fitting covers. Plastic bags used as containers shall, in lieu of having tight-fitting covers, be securely tied, be at least one and one-half (1.5) millimeters thick, and be sufficiently strong to contain the materials enclosed. Paper or cardboard containers (including paper bags) are not approved for use as containers under this chapter.
(b)
All animal wastes must be placed in a closed plastic bag and within another container to which a sticker is attached before they are set out for collection by the city.
(9-21-09(1))
Yard waste may be placed in containers with the appropriate sticker or decal, if the material is secured so as to prevent the yard waste from being blown therefrom.
(9-21-09(1))
(a)
During the months of November through January, it shall be unlawful to place leaves in containers for collection by the city. During such months, leaves shall only be placed in clear plastic bags for curbside collection or placed loose at the curb or street edge for vacuum collection. It shall be unlawful to rake leaves into any street far enough from the curb or street edge so as to create a traffic hazard. The safe distance from a curb or street edge for the deposit of leaves for vacuum collection will vary depending on street widths and other traffic conditions. It shall be unlawful to rake leaves onto a sidewalk so as to cover its entire width and obstruct pedestrian traffic on such sidewalk.
(b)
During the months of February through October, any leaves intended for city collection shall be placed in containers with the appropriate sticker or decal as yard waste in accordance with section 26-28. This includes any leaves deposited earlier for vacuum collection if such leaves were not so collected during the months of November through January.
(9-21-09(1))
The city or its agent will provide citywide curbside collection service of trash and recyclables to qualifying properties. The collection schedule shall be set by the director of public works, and a copy thereof shall be available to any city resident or business upon request. All collection services shall be subject to the regulations set forth herein, and the fee schedule set forth in this chapter.
(a)
Customers located in the Downtown Trash Collection Area shall be subject to the following collection procedures:
(1)
Wheeled carts, receptacles, bags, and bins containing garbage shall be placed in areas designated on the Uptown/Downtown Trash Collection Area Map. It shall be unlawful to place carts, receptacles, bags or bins on sidewalks, any brick surface, or on dead end side streets between Market Street and Water Street.
(2)
It shall be unlawful for wheeled carts, receptacles, bags and bins to be placed on any street from 10:00 a.m. to 3:00 p.m.
(3)
Restaurants shall use only closed, non-leaking containers with tops for refuse collection, with their name and address clearly marked on each container.
(b)
Customers located in the Uptown Trash Collection Area shall be subject to the following collection procedures:
(1)
Receptacles or bundles containing refuse and recyclables shall be placed along the edge of the sidewalk or roadway for collection on such days as may be scheduled by the director of public works and his/her designee.
(2)
Such garbage and refuse shall be so placed for collection not earlier than 6:00 p.m. on the day preceding the scheduled collection for such location nor later than 7:00 a.m. of the day of scheduled collection.
(3)
Emptied receptacles, except those installed below the ground, shall be removed by the owner thereof from the sidewalk or roadway and taken behind the building setback line no later than 12:00 pm (noon) the day of collection.
(c)
Customers located outside of the Uptown Trash Collection Area and Downtown Trash Collection Area shall be subject to the following collection procedures:
(1)
Receptacles or bundles containing refuse and recyclables shall be placed along the edge of the sidewalk or roadway for collection on such days as may be scheduled by the director of public works and his/her designee.
(2)
Such garbage and refuse shall be so placed for collection not earlier than 6:00 p.m. on the day preceding the scheduled collection for such location nor later than 7:00 a.m. of the day of scheduled collection.
(3)
Emptied receptacles, except those installed below the ground, shall be removed by the owner thereof from the sidewalk or roadway and taken behind the building setback line within twelve (12) hours after collection.
(9-21-09(1))
Factory cuttings, trade wastes, rejected building materials and hot ashes will not be collected by the city. Removal and proper disposal of such materials are the responsibility of the property owner.
(9-21-09(1))
It shall be unlawful for any nonresident of the city or any owner of a business not situated within the city limits, or any agent of either, to bring bagged, boxed or bundled household or business garbage or recyclables from outside the city into the city and deposit it anywhere in the city for collection by the city or its agent.
(9-21-09(1))
Any property or parcel of land on a street receiving once a week city curbside collection which on the average generates refuse each week which would fill more than twelve (12) thirty-two-gallon containers will be denied city curbside collection service, in which case the property owner is responsible to arrange for proper disposal of refuse through a private company.
(9-21-09(1))
The director of public works is hereby authorized to publish, implement and enforce reasonable regulations necessary to administer the city's curbside collection program. Such regulations shall serve as a supplement to this article.
(9-21-09(1))
This council finds that reduction of the solid waste stream through recycling efforts is one (1) effective means of addressing the growing problem and related escalating costs of solid waste disposal. Recycling should also aid in conservation of our nation's material resources. For these reasons, the council finds that the public interest will be better served if the following provisions are enacted to enable the city's curbside recycling program to operate as efficiently as is practicable.
(9-21-09(1))
All curbside customers may participate in the city-wide residential recycling program by (1) collecting all of their recyclable materials, and (2) placing such materials in recycling containers in the same location and manner as refuse is placed on the designated day for collection of those materials. Recycling containers shall be removed in the same manner as refuse containers.
(9-21-09(1))
Title to all recycling containers provided to customers by the city or its agent shall remain with the city or its agent. In the event a customer moves, the customer shall leave the recycling container behind to be used by the next customer occupying the property being served.
(9-21-09(1))
Once a customer places recyclable materials in a recycling container at a designated curbside collection point, title to those materials shall be deemed to be vested in the city or its designated agent. No person shall remove, take, collect or transport any recyclable material that has been placed in a recycling container from any curbside, street right-of-way, alley or other designated collection point without the express authority of the city.
(9-21-09(1))
No person shall use recycling containers for anything but participation in the city's curbside recycling program. No person may place garbage or other refuse in a recycling container. It shall be unlawful for any person to borrow, steal, damage or otherwise remove any recycling container from use in the curbside recycling program.
(9-21-09(1))
The director of public works is hereby authorized to publish, implement and enforce reasonable regulations necessary to administer the city's curbside recycling program. Such regulations shall serve as a supplement to this article.
(9-21-09(1))
This council finds that reduction of the solid waste stream through imposition of volume based user fees is one (1) effective means of addressing the growing problem and escalating costs of solid waste disposal. Such fees should also encourage recycling and help our locality meet the state mandate of reducing our locality's waste stream by twenty-five (25) percent. For these reasons, the council finds that the public interest will be better served if the following provisions are enacted.
(9-21-09(1))
City-wide curbside collection and refuse disposal service shall be provided only to curbside customers of the city who comply with this article and other applicable code provisions. (9-21-09(1))
To qualify for this service under this article curbside customers must place all accumulated refuse in a closed, nonleaking container of not over ninety-six-gallon capacity, which meets the following conditions:
(1)
Each container must have affixed to it a disposal sticker or decal purchased from the city or an authorized agent of the city.
(2)
For curbside customers receiving once-per-week collection service, each container or bag must be placed at the designated curbside point of collection not earlier than 6:00 p.m. on the day preceding the scheduled collection nor later than 7:00 a.m. on the day of scheduled collection. Containers shall be removed within the time frame set forth in this chapter.
(3)
Notwithstanding other provisions of this chapter, for those customers receiving collection service more frequently than once per week, refer to section 26-30 of this Code.
(9-21-09(1))
(a)
Disposal stickers shall be sold by the city or its authorized agents at the following prices:
| Per large container sticker (up to 32 gallon capacity and up to 50 pounds) | $2.10 |
| Per small container sticker (up to 13 gallon capacity and up to 25 pounds) | 1.05 |
For weekly collection:
| Per annual 32 gallon container and up to 50 pounds decal if purchased between July 1 and September 30 | $94.50 |
| Per annual 32 gallon container decal if purchased between October 1 and December 31 | 68.25 |
| Per annual 32 gallon container decal if purchased between January 1 and March 31 | 46.25 |
| Per annual 32 gallon container decal if purchased between April 1 and June 30 | 23.25 |
| Per annual 50 gallon container and up to 75 pounds decal if purchased between July 1 and September 30 | 147.50 |
| Per annual 50 gallon container decal if purchased between October 1 and December 31 | 110.25 |
| Per annual 50 gallon container decal if purchased between January 1 and March 31 | 73.50 |
| Per annual 50 gallon container decal if purchased between April 1 and June 30 | 36.75 |
| Per annual 64 gallon container and up to 100 pounds decal if purchased between July 1 and September 30 | 189.00 |
| Per annual 64 gallon container decal if purchased between October 1 and December 31 | 141.75 |
| Per annual 64 gallon container decal if purchased between January 1 and March 31 | 94.50 |
| Per annual 64 gallon container decal if purchased between April 1 and June 30 | 47.25 |
| Per annual 96 gallon container and up to 150 pounds decal if purchased between July 1 and September 30 | 283.50 |
| Per annual 96 gallon container decal if purchased between October 1 and December 31 | 204.75 |
| Per annual 96 gallon container decal if purchased between January 1 and March 31 | 138.75 |
| Per annual 96 gallon container decal if purchased between April 1 and June 30 | 69.75 |
For daily collection:
| Per quarterly 64 gallon container decal (pro-rated daily after the beginning of each quarter) | $327.60 |
| Per quarterly 96 gallon container decal (pro-rated daily after the beginning of each quarter) | 491.40 |
(b)
Authorized agents who sell disposal stickers for the city at retail may purchase disposal stickers from the city at a five (5) percent discount of the list price, but they may not sell the stickers at a higher price than the list price set forth herein.
(9-21-09(1))
As many as four (4) large container stickers per month or one (1) annual thirty-two-gallon decal may be obtained directly from City Hall, at no charge to the curbside customer, provided that:
(1)
No more than one (1) customer per dwelling unit may obtain such free stickers, and
(2)
Such customer is also eligible to receive relief or subsidies under any of the following programs:
a.
The federal or state food stamp program;
b.
Medicaid;
c.
The city's rent relief program for the elderly and the disabled; or
d.
The city's real estate tax relief program for the elderly and disabled.
(9-21-09(1))
(a)
Persons eligible to be curbside customers shall dispose of refuse by:
(1)
Using the city's curbside collection service, where available, and by adhering to this chapter;
(2)
Using the services of a private refuse hauler; or
(3)
Transporting and disposing of refuse in any approved landfill, provided that the load of refuse so transported is tightly covered and secured.
(b)
No person shall transport his or her refuse to a city park or to any other location on public or private property without the written consent of the owner and every person shall comply with the anti-littering provisions found elsewhere in this chapter (section 26-1).
(c)
No person shall place any refuse or other waste material at or near any curb, sidewalk or street other than the curb, sidewalk or street immediately in front of their property from which such refuse was generated unless they obtain express consent for such placement from the director of public works, except as provided in section 26-30(a).
(9-21-09(1))
Where the city has not collected refuse or other material from curbside points of collection or elsewhere because such refuse or other materials were not placed or prepared in accord with this article, the persons responsible for such placement shall remove that refuse or other material as soon as practicable after the city has refused collection, and in any event, by the end of the designated collection day.
(9-21-09(1))
Whenever a person places refuse or other waste material for collection by the city under its curbside collection program without complying with all the provisions of this article, in addition to or in lieu of prosecution of such person for a Class 1 misdemeanor violation, the city may do also either of the following:
(1)
The city may choose not to collect the refuse or material. In such case, the city shall affix a notice to the rejected container, refuse or material explaining the reason for the rejection. A similar notice may be given to the property owner of the property in front of which such uncollected refuse or material was placed. The latter notice may be verbal or written and shall be provided as soon as is feasible after the rejection; or
(2)
The city may collect the refuse or material notwithstanding the fact that its placement or packaging does not comply with the provisions of this article. In such cases, the city shall after reasonable notice assess a special service charge against the owner of the property in front of which such waste material was placed. Such special service charge shall be in accord with the following:
Containers of 96 gallons or less, per occasion requiring a service charge for the first two (2) containers ..... $15.00
For each additional container ..... 5.00
These assessments shall be billed to the owner. Such assessments may be billed and collected as taxes and levies are collected, or in separate billings, including but not limited to, those related to utility payments. Every charge authorized by this section with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property.
(9-21-09(1))
Owners of property in the city whose property is eligible for service under this curbside collection program and their tenants must comply with provisions of this article.
(9-21-09(1))
(a)
Private refuse haulers operating in the city must require their customers to use containers which are approved by the city to make certain such containers are clearly distinguishable by color, markings or otherwise from those containers which will be handled by city refuse collectors.
(b)
Collection of refuse by private haulers shall occur on the same day as collection of curbside refuse by the city.
(c)
Each container of refuse for private collection must be placed and removed in the same manner as would be required for curbside collection in section 26-30 of this Code.
(9-21-09(1))
It shall be unlawful to (a) manufacture, make, possess, sell, market, use or distribute disposal stickers which have not been authorized by the city for use in the curbside collection program under this chapter, or (b) counterfeit or otherwise produce with an intent to deceive disposal stickers which imitate those stickers duly authorized by the city.
(9-21-09(1))
The director of public works is hereby authorized to publish, implement and enforce reasonable regulations necessary to administer the city's curbside refuse user fee program. Such regulations shall serve as a supplement to this article.
(9-21-09(1))
Collection of refuse items too large or bulky to fit into thirty-two-gallon containers will be available to curbside customers under the conditions set forth in this article.
(9-21-09(1))
City-wide large item collection service shall be provided by the city only to curbside customers of the city who comply with this article and other applicable code provisions. Scheduled collections for large item pick-up must be made by telephone, online form, in person or in writing to the city's public works department (public service division), and a non-refundable fee shall be paid to the treasurer's office. The fee shall be thirty-five dollars ($35.00) for the first collection; fifty dollars ($50.00) for the second collection and one hundred dollars ($100.00) for the third and all subsequent collections. The fee calendar is established using a rolling year, i.e. a year (three hundred sixty-five (365) days) is measured backward from the schedule of a collection. Customers are allowed an unlimited number of collections.
(9-21-09(1); 6-3-13(1))
To qualify for service under this article curbside customers must place all accumulated large items for collection near the curb no later than 7:00 a.m. on the day of the scheduled large item collection, and no earlier than 7:00 a.m. on the day before the scheduled large item collection. Items excluded from the large item collection include those that will fit into a thirty-two (32) gallon trash container, hazardous waste, recyclable boxes or cardboard, automotive parts, cans or bags of domestic trash. Contractor spoils (brick, concrete, roofing shingles, and any material resulting from construction for which a contractor has received payment) may not be disposed of via large item pickup. Brush must be between three (3) and ten (10) feet in length, and no greater than six (6) inches in diameter.
(9-21-09(1); 6-3-13(1))
Where the city has not collected large items from curbside points of collection because such refuse was not placed or prepared in accord with this article, the persons responsible for such placement shall remove the rejected item(s) from the curbside as soon as practicable after the city has refused collection, and in any event within twenty-four (24) hours after the scheduled collection day.
(9-21-09(1))
Whenever a person places refuse for collection by the city under its large item collection program without complying with all the provisions of this article, in addition to or in lieu of prosecution of such person for a Class 1 misdemeanor violation, the city may do either of the following:
(1)
The city may choose not to collect the refuse or material. In such case, the city shall affix a notice to the rejected refuse or material explaining the reason for the rejection. A similar notice may be given to the property owner of the property in front of which such uncollected refuse or material was placed. The latter notice may be verbal or written and shall be provided as soon as is feasible after the rejection; or
(2)
The city may collect the refuse or material notwithstanding the fact that its placement does not comply with the provisions of this article. In such cases, the city shall after reasonable notice assess the actual cost of collection, which shall not exceed one hundred fifty dollars ($150.00) per dump truck load, against the owner of the property in front of which such refuse was placed.
This charge shall be billed to the owner, and collected as taxes and levies are collected, or in separate billings, including but not limited to, those related to utility payments. Every charge authorized by this section with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property.
(9-21-09(1))
Owners of property in the city whose property is eligible for service under this large item collection program and their tenants must comply with provisions of this article.
(9-21-09(1))
The director of public works is hereby authorized to publish, implement, and enforce reasonable regulations necessary to administer the city's large item collection program. Such regulations shall serve as a supplement to this article.
(9-21-09(1))
Unless otherwise specifically provided, a violation of any provision of this article shall constitute a Class 1 misdemeanor.
(Code 1976, § 17-17)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
It shall be unlawful for any person to advertise at a reduced price or to sell any goods at a reduced price during a special sale for which a permit is required by this article other than those goods listed in the inventory required by section 27-47.
(Code 1976, § 17-17)
It shall be unlawful for any person to advertise or conduct a sale for the purpose of discontinuing a retail business, or to modify the word "sale" in any advertisement with the words "going out of business" or any other words which tend to insinuate that the retail business is to be discontinued and the merchandise liquidated, unless such person obtains a permit from the commissioner of revenue prior to such sale.
(Code 1976, § 17-17)
Application for a permit required by this division shall be filed with the commissioner of revenue on forms prescribed by the commissioner. An inventory of all goods which are to be offered for sale during the special sale and a fee of fifteen dollars ($15.00) shall accompany such application.
(Code 1976, § 17-17)
Each sale permit issued under this division shall be valid for a period of thirty (30) days. Any extension of such period shall constitute a new special sale and shall require an additional permit and inventory. An additional permit may be granted solely for the purpose of liquidating only those goods contained in the initial inventory list and which remain unsold.
(Code 1976, § 17-17)
Unless otherwise specifically provided, a violation of any provision of this article shall constitute a Class 1 misdemeanor.
(Code 1976, § 17-17)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
It shall be unlawful for any person to advertise at a reduced price or to sell any goods at a reduced price during a special sale for which a permit is required by this article other than those goods listed in the inventory required by section 27-47.
(Code 1976, § 17-17)
It shall be unlawful for any person to advertise or conduct a sale for the purpose of discontinuing a retail business, or to modify the word "sale" in any advertisement with the words "going out of business" or any other words which tend to insinuate that the retail business is to be discontinued and the merchandise liquidated, unless such person obtains a permit from the commissioner of revenue prior to such sale.
(Code 1976, § 17-17)
Application for a permit required by this division shall be filed with the commissioner of revenue on forms prescribed by the commissioner. An inventory of all goods which are to be offered for sale during the special sale and a fee of fifteen dollars ($15.00) shall accompany such application.
(Code 1976, § 17-17)
Each sale permit issued under this division shall be valid for a period of thirty (30) days. Any extension of such period shall constitute a new special sale and shall require an additional permit and inventory. An additional permit may be granted solely for the purpose of liquidating only those goods contained in the initial inventory list and which remain unsold.
(Code 1976, § 17-17)
Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 1 misdemeanor.
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
(a)
The term "streets," when used in this chapter, shall mean public streets, sidewalks, walkways, alleys, lanes and highways of the city, except where by the context or by reasonable intent sidewalks or walkways are not included.
(b)
For the purposes of this chapter, the term "Downtown Pedestrian Mall" shall mean and refer to the brick-paved area bordered by Market Street on the north, Water Street on the south, Ridge-McIntire Road on the west and 7th Street, S.E. on the east (as if extended in a straight line in a southerly direction from its current terminus to Water Street). The Downtown Pedestrian Mall shall be designated on a map approved by the city manager and maintained available for public inspection within the city's department of neighborhood development services.
(c)
For the purposes of this chapter, the term "fire lane" shall have the same meaning as the term "fire apparatus access road," as defined within the Virginia Statewide Fire Prevention Code. With respect to the downtown mall and the side streets leading to the downtown mall, fire lanes shall be designated on a map approved by the city's fire official and maintained available for public inspection within the city's department of neighborhood development services.
(d)
The term "pedestrian walkway" when used in this chapter, shall mean an area improved for public pedestrian travel, such as a sidewalk. With respect to the Downtown Pedestrian Mall, all areas designated and reserved for public pedestrian travel shall be designated on a map approved by the city manager and maintained available for public inspection within the city's department of neighborhood development services.
(Code 1976, § 25-1; 4-21-03(1); 12-5-05(2); 9-20-10)
Cross reference— Definitions and rules of construction generally, including general definition of "street," § 1-2.
Nothing in this Code or the ordinance adopting this Code shall affect any ordinance naming, renaming, opening, accepting or vacating any street or alley in the city and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code.
The streets of the city shall retain their present names until changed by the city council.
(Code 1976, § 25-2)
(a)
The city traffic engineer or city manager may permit the temporary use of any city right-of-way (including any street, on-street parking space(s), or sidewalk) for other than public purposes, and may close the rights-of-way to public use and travel during such temporary use, for a specified period of time, when he determines that such temporary closing will not be unduly injurious to the safety and convenience of the general public, that such closing is necessary because the event will impede traffic and/or pedestrian travel, and that, where any rights-of-way to be closed are extensions of the state primary highway system, adequate provision can be made to detour through traffic. Such temporary use shall be authorized by a written permit conditioned upon the temporary user's compliance with the following conditions:
(1)
No matter advertising any thing or business shall be displayed in or on the public rights-of-way in connection with such temporary use; and
(2)
The person so permitted to use the public rights-of-way shall furnish a public liability and property damage insurance contract insuring the liability of such person, firm, association, organization or corporation for personal injury or death, and for damages to property, resulting from such temporary use, in such amounts as shall be determined by the city manager. The city shall be named as an additional insured in the insurance contract.
(3)
The person so permitted to use the public rights-of-way shall be liable for damages to persons or property arising out of or on account of such use.
(4)
All objects and structures that will be located within a public right-of-way during an approved period of temporary use (including, without limitation, any equipment, vehicles, scaffolding, trailers, containers, etc.) must be specifically listed within the permit issued by the city traffic engineer or city manager.
(5)
Temporary use of public rights-of-way for other than public purposes shall be limited to a period of forty-eight (48) hours; however, where an application seeks such temporary use in connection with construction activities on property adjacent to the right-of-way, the city traffic engineer may authorize the temporary use of a public right-of-way under this section for a longer period of time, subject to the provisions of paragraph (d) of this section, below.
(6)
Compliance with any applicable permit requirement imposed by City Code section 5-57(b).
(7)
Such other reasonable conditions as are deemed necessary by the city traffic engineer or city manager to protect the public welfare, safety or convenience, as set forth in writing within an approved permit.
Should a permittee fail, at any time, to comply with any conditions set forth within this section, or any applicable city regulations, then the permit-issuing authority may revoke the permit.
(b)
Application for a permit required pursuant to this section shall be made in writing to the city traffic engineer. Upon approval of any such permit, the following fees shall be charged for each day such permit is in effect:
(1)
Five dollars ($5.00) per on-street parking space utilized; and
(2)
Five dollars ($5.00) per sidewalk utilized; and
(3)
Five dollars ($5.00) per city right-of-way utilized, and
(4)
Any fee required for the issuance of a permit under the building code to authorize the erection of any temporary structure(s).
(c)
The city manager and the city traffic engineer, with the approval of the city manager, are authorized to promulgate regulations, including the establishment of reasonable fees, charges, and insurance coverages, as well as reasonable time, place and manner restrictions for and in connection with the temporary use of public rights-of-way as authorized by this section.
(d)
A decision of the city traffic engineer made pursuant to this section, authorizing the temporary closing of a public right-of-way for a period of longer than thirty (30) days, may be appealed by a city resident, or the owner of a business located within the city, pursuant to the procedure specified within section 15-4(e)(2).
(Code 1976, § 25-4; 11-16-98(3); 11-15-04(2), § 4)
State Law reference— Authority to permit temporary use of streets for nonpublic purposes, Code of Virginia, § 15.1-14(9).
The director of public works shall have the right to stop travel on any street when the same is being repaved or improved, if he deems it necessary. No person shall remove, cut or interfere with barricades or lights placed for the purpose of stopping travel on streets or driving or riding on those portions of the streets so cut off or in any way encroaching upon or interfering with any portion of the streets of the city when they are being repaved or improved.
(Code 1976, § 25-17)
(a)
Whenever any citizen or property owner desires to lay a sidewalk for himself in a city street, he shall make application to the director of public works in writing, who shall grant such permission upon the condition that the applicant make such improvement at his own expense and do the work under the supervision of the director of public works.
(b)
Where no application is received from a property owner to lay a sidewalk, the city council may require a sidewalk to be laid as provided by state law or may direct a sidewalk to be laid in such other manner as it may specify, not in conflict with state law.
(Code 1976, §§ 25-36, 25-37)
State Law reference— Assessments for building sidewalks, Code of Virginia, § 15.1-239 et seq.
Before any person installs a storm water pipe in a natural drainage area, where such pipe is connected to a pipe or culvert under a city street, he shall obtain from the city engineer a construction permit, which permit shall specify the size and kind of pipe to be installed. No such pipe, structure or fill shall be installed or placed so as to obstruct the flow to or from a pipe or culvert under a city street.
(Code 1976, § 25-24)
When, in repairing or grading or otherwise disturbing a street, any utility pipe, wire or conduit is left uncovered or exposed, it shall be the duty of the person in charge of such work to forthwith notify the director of public works or the utility owning such pipe, wire or conduit of such exposure. If the person who exposed such pipe, wire or conduit cannot determine the ownership of such pipe, wire or conduit, he shall notify the director of public works, who shall determine the ownership thereof and, if such pipe, wire or conduit is owned by a utility other than the city, shall promptly notify the owner thereof.
(Code 1976, § 25-6)
No tractor, motorized shovel, traction engine or any other type of motorized equipment, other than a regulation road roller or a standard farm wagon or carriage with smooth wheel coverings, shall be operated on any paved street in the city so as to come in contact with the street surface, unless its wheels are equipped with pneumatic-type rubber tires, or unless a special permit shall have been obtained from the director of public works. Stabilizers for construction equipment operating in public streets shall be equipped with rubber pads.
(Code 1976, § 25-5)
Manufacturing, repairing or testing of machinery, including the engines or other parts of motor-driven vehicles, on the sidewalks or in the streets shall be unlawful. This section shall not apply to emergency repairs which are necessary before the vehicle can be moved.
(Code 1976, § 25-28)
(a)
No person shall obstruct a street or sidewalk, or the space vertically above the same, by placing therein anything whatsoever which will hinder or obstruct the passage of persons or vehicles in any manner whatsoever. Every hour the violation continues may, in the discretion of the judge of the general district court, be held to be a separate offense. This section shall, however, be subject to the following limitations and exceptions:
(1)
Public utility companies holding franchises may place such reasonable number of poles as may be requisite for their business, but such poles shall be located or moved according to the directions and under the supervision of the director of public works.
(2)
Merchants and others, while receiving goods or articles, may place the same on the outer margin of the sidewalk, using as much thereof as may be necessary and no more, if the public is not deprived thereby of the free, easy and comfortable use of the sidewalk. Such occupation of the sidewalk shall be for only such time as may be necessary for such reception or delivery. It shall be the duty of the police to see that the sidewalks are not so obstructed as to deprive the public of the use thereof as hereinbefore described. Police officers may require goods and other articles which, in their opinion, obstruct the sidewalk, to be moved at once.
(3)
Persons who hold and display on-site a valid permit issued pursuant to City Code sections 28-5 or 5-57.
(b)
Persons placing obstructions on city streets or sidewalks shall be responsible for any damages caused thereby.
(Code 1976, § 25-14; 11-15-04(2), § 4)
Charter reference— Authority of council to prevent and remove street encroachments and obstructions, § 14(1), (2).
Cross reference— Trains obstructing crossings, § 23-7.
It shall be the duty of the police to promptly notify the director of public works of all permanent obstructions of the streets, drains or culverts. The director of public works shall cause all such obstructions to be removed by either the person responsible for the same or the person whose duty it is to remove the same or, failing in this, to have the same removed at the expense of the city. It shall be unlawful for any person whose duty it is to remove any such obstruction to fail or refuse to do so within a specified time after being notified to do so by the director of public works. When the obstruction is removed at the cost of the city, the party whose duty it was to have removed such obstruction shall be liable to the city for the expense incurred in and about such removal, together with any fine imposed by the court in addition thereto.
(Code 1976, § 25-15)
Charter reference— Removal of street encroachments, § 42.
(a)
When any work is being done on structures abutting on any street or sidewalk which may endanger persons passing along such street or sidewalk, barriers shall be placed across the way so as to prevent and warn persons against the danger. No bricks, slate or any other thing or substance shall be thrown off, from or out of such structure or any part thereof into the street or sidewalk, except within the space enclosed by such barriers. When any ditch is dug or excavation is made in or abutting a street or sidewalk, sufficient barriers shall be placed around and over the same to prevent persons from falling therein. During the nighttime while such excavation or opening is uncovered or unenclosed, sufficient lanterns or other noticeable lights shall be conspicuously placed so as to warn persons of such excavation or opening. In addition to any penalty imposed for a violation of this section, the person failing to comply with the provisions of this section shall be responsible for all damages resulting therefrom.
(b)
All barriers required by this section shall require a permit issued by the city traffic engineer pursuant to City Code section 28-5.
(Code 1976, § 25-16; 11-15-04(2), § 4)
Wherever earth embankments abut on any paved street or sidewalk, it shall be the duty of the owner of such property to erect suitable barriers or retaining walls to prevent loose earth or mud from falling upon such street or sidewalk. If any person fails to conform hereto within a specified time after being notified to do so by the director of public works, each day of default shall be deemed a separate offense. If, however, a change in the grade of the street, made by the city, produces an embankment abutting on a paved street or sidewalk, it shall be the duty of the city to erect retaining walls or protecting barriers, if deemed necessary by the city.
(Code 1976, § 25-18)
All holes, depressions, excavations or other dangerous places upon private lots that are below the grade of the adjoining street shall be properly enclosed with fences or walls, or filled up by the owners or occupants of such lots, so as to prevent persons or animals from falling therein. It shall be the duty of the director of public works to notify the owner or occupants of premises on which such dangerous places exist and to require that fences or walls be built around them or that they be filled up within such period as the director of public works shall deem that the exigencies of the case may require. It shall be unlawful for any person to fail to comply with such notification, and each day such failure shall continue shall constitute a separate violation. The director of public works may cause such fencing or filling to be done at the expense of the city. The sum so expended, in addition to any fine imposed by the court, shall be collected of such owner or occupant as other fines are collected.
(Code 1976, § 25-27)
All buildings, the eaves of which project over the sidewalk, shall be provided with gutters so that there shall be no dripping from the eaves upon the sidewalk. All gutters, the waters from which empty upon a street or sidewalk, shall be constructed so as to discharge such water only at or below the surface of the ground. Each day a violation of this section shall continue after notification by the director of public works to remedy the fault shall constitute a separate offense.
(Code 1976, § 25-7)
(a)
No water from any lot, gutter or spout shall be permitted to flow across the sidewalk or walkway along any street except in a covered drain, the cover of which shall not be above the surface of such sidewalk or walkway. Such drain shall be of sufficient capacity to convey the water to be discharged by it and shall be built and kept open and in good repair by the owner or occupant of the premises where it originates.
(b)
Each day any violation of this section shall be permitted to continue after notice by the director of public works to abate the same shall constitute a separate offense. In case of failure to comply with the order of the director of public works to correct such violation within five (5) days, the city manager may cause the construction to be made at the cost of the city, and the cost thereof, with any fine imposed by the court, shall be collected of the party in default in like manner as fines and assessments are collected.
(Code 1976, § 25-8)
Buildings which are located on the line of any street shall be provided with suitable snowbreaks or guards on the side next to such street. Each day a violation of this section shall continue after notice from the director of public works to correct such violation shall constitute a separate offense.
(Code 1976, § 25-9)
Whenever, in order to provide for an entrance to any property, it is necessary to cross a sidewalk or drainage ditch, it shall be the duty of the owner of the property, at his own expense, to provide an entrance approved by the director of public works.
(Code 1976, § 25-10)
Editor's note— An ordinance adopted Dec. 7, 1992, repealed § 28-21, which pertained to driving or riding vehicle upon sidewalk and vehicles standing upon sidewalk or intersection. See the Code Comparative Table.
Section 28-21 shall not be construed to prohibit the use of bicycle racks on the sidewalks outside any place of business, if the director of public works approves the location thereof and the person maintaining such rack shall execute agreements indemnifying the city against any claim on account of such use of the sidewalk.
(Code 1976, § 25-12)
(a)
No person shall throw or deposit or cause to be deposited upon any street any glass bottle, glass, nail, tack, wire, can, or any other substance likely to injure any person or animal, or damage any vehicle upon such street.
(b)
Except as permitted by section 15-71 of this Code, no person shall throw or deposit or cause to be deposited upon any street any soil, sand, mud, gravel or other substances.
(c)
Any person who drops, or permits to be dropped or thrown, upon any street any destructive, hazardous or injurious material shall immediately remove the same or cause it to be removed. Any person removing a wrecked or damaged vehicle from a street shall remove any glass or other injurious substance dropped upon the street from such vehicle.
(Code 1976, § 25-3)
Cross reference— General prohibition against littering streets, § 26-1.
State Law reference— Similar provisions, Code of Virginia, § 18.2-324.
(a)
It shall be unlawful for any person to sweep dirt or trash from the interior of the store or premises occupied by him upon the sidewalk. All such dirt or trash shall be taken up and put in proper receptacles for removal.
(b)
It shall be the duty of all persons occupying a store or premises fronting on any street to keep the sidewalk immediately in front thereof clean and clear of rubbish, trash, waste paper, or filth; and they shall not sweep the same into the roadway of the street, but shall take up the same and put it in proper receptacles to be removed as other trash, waste paper, filth, and the like, is removed. In case of office buildings, apartment houses or other buildings occupied by three (3) or more tenants, this duty shall be upon the owner thereof or the person in charge of the entire building. Where the first floor is occupied as a store or business establishment, the duty of keeping the sidewalk in front thereof shall be and is hereby imposed upon the occupant of the store or the proprietor of the business.
(Code 1976, § 25-19)
Charter reference— Authority of council to compel removal of dirt and rubbish from sidewalks, § 14(2).
(a)
It shall be the duty of every owner and/or occupant of every house or lot which abuts or fronts on, or is otherwise situated on, a paved sidewalk or walkway to have all snow or ice removed from such sidewalk or walkway within twenty-four (24) hours after the same has ceased falling. This requirement shall exist whether or not an unpaved strip of publicly-owned property runs between the paved sidewalk and the private property line and the words "abuts," "fronts on," "otherwise situated on," should be interpreted in accord with such requirement.
If the total accumulation of snow and ice from one (1) or more snowfalls exceeds twelve (12) inches, the city manager may extend the amount of time allowed for removal of snow and ice as required by this section for a period not to exceed seventy-two (72) hours after the same has ceased falling. The duration of the extension, as determined by the city manager, shall be based on the total amount of accumulation of snow and ice, the projected temperatures in the city, and any other relevant weather conditions.
(b)
The provisions of subsection (a) of this section shall apply to ice or sleet on sidewalks or walkways, except that the same, when it cannot be removed without damage to the sidewalk or walkway, shall be covered, within the period of time specified, with sand, ashes or some other substance which will render it safe for travel.
(c)
Whenever any house or lot is unoccupied, it shall be the duty of the owner or the agent of the owner thereof to have the snow or ice removed from the sidewalk or walkway abutting, fronting on, or otherwise situated on such owner's property as is required by this section.
(d)
A warning shall be issued for a violation of this section. The warning shall be posted on the property or delivered by hand to the property owner and/or occupant, and shall provide the owner and/or occupant twenty-four (24) hours in which to correct the conditions. If after such warning and the passage of twenty-four (24) hours, the owner or occupant of the property affected by the provisions of this section shall fail to abate or obviate the condition, the director of neighborhood development services may do so and charge and collect the cost thereof from the owner or occupant of the property affected in any manner provided by law for the collection of Commonwealth or local taxes.
(Code 1976, § 25-20; 11-6-89; 11-3-03(2); 8-2-10; 2-6-17)
Charter reference— Authority of council to compel removal of snow from sidewalks, § 14(2).
State Law reference— Authority to compel removal of snow from sidewalks and collection of fees, Code of Virginia, § 15.2-1115.
(a)
It shall be unlawful for any person to deposit in the public rights-of-way accumulations of snow and ice removed from private property, other than pursuant to subsection (b) below.
(b)
In the event that an owner and/or occupant of a building which abuts or fronts on, or is otherwise situated on, a paved sidewalk or walkway cannot comply with the provisions of section 28-25(a) due to inadequate space upon which to deposit snow that has accumulated on the property's paved sidewalk, walkway or driveway, he or she may deposit excess snow onto the public right-of-way abutting the house, paved sidewalk or walkway, provided that snow is not deposited in or on a travel lane, crosswalk, sidewalk, or designated handicapped parking space.
(c)
Any violation of this subsection shall be a Class IV misdemeanor.
(Code 1976, § 25-21; 10-4-10(1))
No person shall slide or coast upon the ice or snow in any street. No person shall throw any snowballs in the streets.
(Code 1976, § 25-22)
No person shall play any game in any street. No parent or guardian having the legal custody of any minor shall permit such minor to violate the provisions of this section.
(Code 1976, § 25-23)
(a)
No parade or procession of any kind shall be held or conducted in any city rights-of-way without first obtaining a permit from the city manager.
(b)
The city manager is authorized to require permits for the use of city rights-of-way for special events and community events (as defined within section 28-29(c) of the City Code), and for other activities that may affect the safety or convenience of the general public. The city manager is authorized to promulgate regulations to govern the time, place and manner of such activities, and to establish reasonable fees, charges and rentals therefor. A violation of any of the rules and regulations established hereunder shall constitute a Class 4 misdemeanor.
(c)
For the purposes of this section the term "community event" shall refer to "Court Days," "First Night," all "City Market" days, the Dogwood Festival and Parade, all "Fridays After Five" days, the Fourth of July celebration, and other events as declared by the city council from time to time.
(Code 1976, § 25-25; 11-16-98(3); Ord. of 3-5-01(2))
No activity conducted by any person in or upon any city streets or rights-of-way shall be located where such activity:
(1)
Would block access to the entrance to any adjacent building or driveway;
(2)
Would occupy more than half of the width of any pedestrian walkway, or would obstruct the free and orderly flow of pedestrian traffic within any pedestrian walkway;
(3)
Is within fifteen (15) feet of a fire hydrant, public telephone, fire escape, hospital, bus stop, loading zone, or the driveway of a police or fire station;
(4)
Is within the portion of any street intended for the use of motor vehicles, unless a temporary street closing permit has been obtained from the city manager or city traffic engineer;
(5)
Is within any fire lane, unless a temporary street closing permit has been obtained from the city manager and approved by the city's fire code official;
(6)
Is within an area reserved to another person by a permit for a special event or community event, unless with the permission of the person to whom the permit has been issued; or
(7)
Is within an area reserved to another person by a permit for an outdoor café or vending space, unless with the permission of the person to whom the permit has been issued.
(11-16-98(3); 11-15-04(2), § 4; 12-5-05(2))
(a)
It shall be unlawful for any person to solicit money or other things of value, or to solicit the sale of goods or services:
(1)
In an aggressive manner in any public area;
(2)
In any public transportation vehicle, or bus station or stop; provided, however, that this paragraph shall not apply to services rendered in connection with such transportation services;
(3)
Within fifteen (15) feet of any entrance or exit of any bank during the hours of operation of such bank;
(4)
Within fifteen (15) feet of any automated teller machine, during the hours of operation of such machine;
(5)
From or to any person seated within an outdoor café area, during the hours of operation of such outdoor café;
(6)
From or to any person who is conducting business at any vendor table or cart;
(7)
On private property, if the owner, tenant, or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property;
(8)
While walking on, standing on or going into any street or highway used for motor vehicle travel, or any area appurtenant thereto (including medians, shoulder areas, turning lanes, ramps and exit ramps) within three hundred (300) feet (in any direction) of any of the following intersections:
a.
The intersection of Emmet Street and Barracks Road;
b.
The intersection of Emmet Street and Hydraulic Road;
c.
The intersection of Route 250 and River Road ("Free Bridge");
d.
The intersection of Main Street and Ridge/McIntire Road.
(9)
On the Downtown Mall within fifty (50) feet (in any direction) of 2nd Street West and 4th Street East, when those streets are open to vehicular traffic.
(b)
For the purposes of this section the following words and phrases shall have the meanings ascribed to them below, unless a different meaning is plainly required by the context:
Aggressive manner means and includes:
(1)
Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation, without the person's consent;
(2)
Approaching or following the person being solicited, if that conduct is: (i) intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or (ii) is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation;
(3)
Continuing to solicit the person being solicited after the person has made a negative response, if continuing the solicitation is: (i) intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or (ii) is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation;
(4)
Intentionally or recklessly blocking the safe or free passage of the person being solicited or requiring the person to take evasive action to avoid physical contact with the person making the solicitation; and
(5)
Intentionally or recklessly using obscene or abusive language or gestures: (i) intended to or likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or (ii) words intended to or reasonably likely to intimidate the person into responding affirmatively to the solicitation.
Public area means an area to which the public or a substantial group of persons has access, including, but not limited to: alleys, bridges, buildings, driveways, parking lots, parks, playgrounds, sidewalks, streets open to the general public, and the doorways and entrances to buildings, together with the grounds enclosing them.
Solicit means to request an immediate donation of money or other thing of value from another person, regardless of the solicitor's purpose or intended use of the money or other thing of value. A solicitation may take the form of, without limitation, the spoken, written or printed word, or by other means of communication (for example: an outstretched hand, an extended cup or hat, etc.).
(c)
Any person violating the provisions of this section shall be guilty of a Class 3 misdemeanor.
(4-21-03(1); 7-7-03; 8-16-10(3))
(a)
Upon receipt of a written request from a developer of, or property owner within, a development that is the subject of a site plan or subdivision, and after receiving verification from the department of neighborhood development services and the department of public works that a proposed public street and public improvements associated with the development have been constructed in accordance with all applicable statutes, regulations, ordinances, guidelines, design and construction standards for acceptance or approval of the improvements, city council may accept such a proposed public street within the city limits for maintenance and delivery of city services.
(b)
If work substantially ceases on any development that is the subject of a site plan or subdivision, for reasons other than awaiting a pending governmental agency approval necessary for continuation, for a period in excess of ninety (90) days subsequent to issuance of a certificate of occupancy for any building or unit within the development that is not yet served by an accepted street and public improvements, the director of neighborhood development services may utilize the public improvement bond or other performance guarantee posted by the developer to complete all streets and public improvements associated with the development to serve such building or unit.
(c)
Within ninety (90) days from the issuance of a certificate of occupancy for the final unit or building within a development that is the subject of a site plan or subdivision, the developer shall complete to city standards all streets and public improvements associated with the development. In the event of noncompliance, the director of neighborhood development services may utilize the public improvement bond or other performance guarantee posted by the developer to complete all streets and public improvements associated with the development.
(2-1-10)
(a)
No person shall dig up, break, excavate, tunnel, undermine or open the surface or subsurface of any sidewalk, curb, gutter or street without first obtaining a permit to do so from the director of public works; nor shall such work be performed after such permit shall have been revoked or shall have become ineffective.
(b)
If an excavation is required in order to make emergency repairs, and the existing emergency requires that excavation operations commence within seventy-two (72) hours from the discovery of such emergency, a permit shall not be required to commence the excavation. Any person commencing an emergency excavation without a permit must:
(1)
Give notice of the nature of the emergency and the need for an excavation by telephone or other means to the director of public works immediately following discovery of the emergency; and
(2)
File an application, permit fee and bond, as required by this article, as soon as practicable following commencement of the excavation.
(c)
Any person commencing an emergency excavation without a permit as allowed herein thereby implies acceptance of all requirements and conditions as set forth in this article.
(Code 1976, § 25-29.1)
(a)
Application for a permit under this article shall be made on a form prescribed by the director of public works. The application shall state the place where the work is to be performed; the purpose and nature of the work; the dimensions of the work, including the depth of the excavation; the amount of pavement or improved surface, in linear feet, which will be broken or cut; the time at which the work is to be commenced and the time at which it is to be completed; and such other information as may be required by the director of public works.
(b)
The applicant shall submit with each application a permit and inspection fee in the following amount:
(1)
A basic cut or excavation fee of sixty dollars ($60.00); and
(2)
Ten dollars ($10.00) for each additional separate cut made pursuant to the permit; and
(3)
For any cut or excavation in excess of one hundred (100) linear feet, ten dollars ($10.00) for each additional one hundred (100) linear feet, or fraction thereof.
(c)
The applicant for a permit shall agree to indemnify and save harmless the city, its citizens, residents and property owners against any and all loss by reason of failure to comply with the requirements of this article and the applicable standards, and from neglect or carelessness in performance of the work.
(Code 1976, § 25-30.1; 6-2-14(2))
(a)
Prior to the issuance of a permit, the director of public works shall require the applicant to submit a performance bond with an acceptable surety, on a form pre-approved by the city attorney. If applicant chooses to submit an alternative form of financial guaranty, such as an irrevocable letter of credit or assignment of certificate of deposit, the city attorney shall approve the form of such surety prior to issuance of a permit. The bond, letter of credit or other guaranty shall be conditioned upon the restoration of the public way in accordance with the standards adopted by the director of public works, and upon compliance with the application and the requirements of this article.
(b)
If it appears that the applicant will in the future be making sidewalk, curb, gutter or pavement cuts in multiple locations within the city, the guaranty may be continuing in nature and shall be in the minimum amount of five thousand dollars ($5,000.00). If the applicant will be making an excavation at only a single location within the city, the guaranty shall be in an amount, determined by the director of public works, as will enable the city to restore the public way properly if the applicant fails to do so.
(c)
Any guaranty for work at a single location shall be released by the director of public works one (1) year after the date of completion of the work in question, if the work has been completed and all requirements of the article satisfied, and that the condition of the work has not significantly deteriorated during the one (1) year since its completion.
(d)
A bond shall not be required for work done by city personnel under the supervision of the director of public works.
(Code 1976, § 25-30.2; Ord. of 8-2-93)
It shall be the duty of every person to whom a permit has been issued pursuant to this article to institute at once and complete without delay the work for which such permit was obtained and, promptly on its completion, give written notice thereof to the director of public works.
(Code 1976, § 25-31)
The director of public works shall adopt and maintain for inspection comprehensive cutting, excavating, back-filling, compacting and patching standards for all repair and restoration work done in public ways. All work performed pursuant to a permit issued under this article shall be in compliance with all applicable standards.
(Code 1976, § 25-32.1)
Any person to whom a permit is granted under this article shall place guards or barriers around such excavation and shall protect it by warning lights at night, and shall be responsible for damages to persons or property caused by such excavations.
(Code 1976, § 25-33)
(a)
The director of public works shall be notified prior to the time that the surfacing of the public way is replaced so that the work done preparatory to such surfacing may be inspected. The director of public works shall further be notified after the surfacing has been completed in order that the surfacing may be inspected.
(b)
If work done or being done pursuant to a permit issued under this article has not been done or is not being done in accordance with the permit, or a public way is not left in satisfactory condition, notice of such defect shall be given to the permittee. The permittee shall be required to correct the condition within the time specified in the notice.
(c)
Upon receipt of a notice given under this section, should the permittee refuse or fail to correct the condition referred to in such notice within the specified time, the director of public works may cancel the permit in question and cause the necessary work to be done, deducting the cost thereof from the bond or letter of credit.
(Code 1976, § 25-34.1)
At the conclusion of the work in the public way, the work area shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All clean-up operations at such site shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the director of public works.
(Code 1976, § 25-34.2)
Nothing in this article shall be deemed to relieve any person of the obligation to obtain a franchise for the use of city streets when such franchise is required under other applicable provisions of city or state law. Neither shall the fact that a person has previously been granted a franchise relieve such person of the responsibility of complying with this article. In the event of a conflict between this article and any franchise provision, the more restrictive requirements shall control.
(Code 1976, § 25-34.3)
Whenever the department of public works shall cause an excavation to be made in the surface of any street for the laying or repairing of pipes and the like, the director shall notify the fire department of the location of such opening immediately upon the commencement of such work.
(Code 1976, § 25-35)
(a)
No entrances in sidewalks to cellars or areaways shall be permitted without the approval of the city council.
(b)
Every cellar or area which opens in a sidewalk shall have such opening covered with substantial metal grating, rough-surface metal or metal and glass, which shall be flush with the pavement. No such opening to any existing cellar or area shall be recovered, nor shall the covering thereof be repaired or renewed, except with such material and in such manner as above required. The entrance to every cellar which opens in a sidewalk shall be covered with two (2) doors of equal width, without joints and so constructed that when closed they shall be flush with the pavement and when open shall each stand upright and at right angles to the pavement and be held in such position by connecting bars or chains at the end of the doors nearest the curb line. No cellar door shall be allowed to fall back or lie flat upon the street or sidewalk nor to remain open any longer than necessary and while in actual use.
(c)
It shall be unlawful for the owner or occupant of any building, the cellar or area to which does not conform to the requirements of this section, after notification by the director of public works, to fail or refuse to comply with its provision.
(Code 1976, § 25-38)
(a)
No opening in a street or sidewalk for fuel or coal holes shall exceed eighteen (18) inches in diameter. Such opening shall be covered with a substantial metal cover with a rough surface, placed flush with the surface of the sidewalk. Such fuel or coal holes hereafter constructed shall be in accordance with plans first approved by the city manager and shall not be constructed until a written permit shall have been obtained from the director of public works.
(b)
It shall be unlawful for the owner or occupant of any building, the fuel or coal hole to which does not conform to this section, or the owner, user or lessor of any such fuel or coal hole, after notification by the director of public works, to fail or refuse to comply with its provisions.
(Code 1976, § 25-39)
Every cellar, vault, fuel or coal hole opening in a sidewalk shall be kept closed and the cover thereof securely fastened, except when the same shall be actually in use by some person immediately attending the same. The owner or occupant of the building shall be responsible for any damage to persons or property caused by any cellar, vault or coal hole opening.
(Code 1976, § 25-40)
No person shall wilfully or maliciously open or cause to be opened any cellar, vault or coal hole opening in a sidewalk, whereby the safety of users of the sidewalk is endangered. Such person shall also be liable for damage or injury resulting from such acts.
(Code 1976, § 25-41)
Whenever the owner or occupant of any building to which is attached any area, cellar, vault, fuel or coal hole opening in the sidewalk shall be notified by the director of public works that the covering thereof is insecure or dangerous, it shall be his duty at once to repair the same. Each day of default after the expiration of five (5) days shall constitute a separate offense. In case of failure to repair within five (5) days, the director of public works may cause such repairs to be made at the cost of the city, and the cost thereof, with any fine imposed by the court, shall be collected of the party in default in like manner as fines and assessments are collected. The owner and occupant of such building shall be responsible for damages to persons or property caused by such defective covers.
(Code 1976, § 25-42)
The city council finds and declares that:
(1)
The primary purpose of the public streets and sidewalks is for use by vehicular and pedestrian traffic.
(2)
Vending on certain public streets and sidewalks may promote the public interest by contributing to an active and attractive pedestrian environment.
(3)
Reasonable regulation of street and sidewalk vending is necessary to secure, preserve and promote safety, welfare, comfort, convenience, trade and commerce in the city and among its inhabitants.
(4)
The regulations contained in this article regulate certain activities which are commercial in nature and are not intended to restrict or prohibit pure speech or other conduct of individuals or organizations that is protected by the Constitutions of the United States and the Commonwealth of Virginia.
(5)
Nothing in this article is intended or shall be deemed to prohibit the designation of public property, pursuant to Chapter 8 of the City Code, for the exclusive use of vendors participating in the city market.
(Code 1976, § 25-43; 12-1-03(2))
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Stand means any newsstand, table, showcase, bench, board, chair, booth, rack, cart, pushcart, container, wagon, stall or any other fixture, device or wheeled vehicle which may be moved without the assistance of a motor and which is not required to be licensed and registered by the state department of motor vehicles, used for the displaying, storing, provision or transporting of articles or services offered for sale by a vendor.
Vendor means any person, including an employee or agent of another, engaged in the selling, or offering for sale, of food, beverages, services, or merchandise on any public street, sidewalk, or on a parcel of land abutting a public street or sidewalk, whether from a stand or from his person.
(Code 1976, § 25-44; 4-17-95; 12-5-05(2))
Cross reference— Definitions and rules of construction generally, § 1-2.
This article shall not apply to vending in streets from motor vehicles, which is governed by article V of this chapter, nor shall it apply to the operation of outdoor cafés, which is governed by article VI of this chapter, nor shall it apply to boxes for the vending of newspapers.
(Code 1976, § 25-45)
Violation of any provision of section 28-119 shall constitute a violation of the city's zoning regulations, subject to the enforcement provisions and penalties set forth within Chapter 34, sections 34-81 through 34-89 of the City Code. Any person violating any other provision of this article shall be guilty of a Class 3 misdemeanor.
(Code 1976, § 25-45.7; 12-1-03(2))
Cross reference— Penalty for Class 3 misdemeanor, § 1-11.
(a)
Prior to selling, displaying or offering for sale any food, beverage or merchandise, vendors must obtain any business license which may be required under Chapter 14 of this Code, any certificate of appropriateness required by section 28-119 of this article, and any other approval which may be required by the health department or any other agency with regulatory authority over the proposed vending operation.
(b)
All required licenses, certificates, permits and approvals shall be displayed for public view on the vendor's stand, and no such item(s) shall constitute a "sign" for purposes of section 34-1024 of the city's zoning ordinance.
(Code 1976, § 25-45.6; 12-1-03(2))
(a)
Vending on public streets and sidewalks is prohibited, except in districts designated as business or mixed-use corridor districts under Chapter 34 of this Code.
(b)
On the Downtown Pedestrian Mall and numbered streets between East Market Street and Water Street along the length of the Downtown Pedestrian Mall, all vendor stands shall be located within a space assigned by the director of neighborhood development services. The city manager shall promulgate regulations specifying the number of spaces available for use by vendors and the process, terms and conditions by which such spaces may be assigned and utilized. The location of each vendor stand space shall be shown on a map approved by the city manager and maintained available for public inspection within the city's department of neighborhood development services.
(1)
The city council will, from time to time, approve a schedule of the fees and charges associated with reservation of vendor stand spaces, including fees for obtaining a certificate of appropriateness pursuant to section 28-119. No space shall be reserved to any person until all applicable fee(s) have been paid.
(2)
Only persons holding valid certificates of appropriateness issued pursuant to section 28-119 may utilize an assigned vendor space on the Downtown Pedestrian Mall.
(3)
Use of all vendor stand spaces shall be in accordance with the requirements of this section and all other requirements of this article.
(Code 1976, § 25-45.1; 12-5-05(2))
No coin-operated vending machines shall be permitted in any portion of a public street, sidewalk or right-of-way, except for boxes for the vending of newspapers.
(Code 1976, § 25-45.2)
No vendor shall solicit or sell to persons in motor vehicles on the street, from a stand or otherwise.
(Code 1976, § 25-45.2)
(a)
No vendor stand may be located or operated within a major architectural design control district, as defined within section 34-272 of the City Code, until it has been issued a certificate of appropriateness pursuant to this section. No certificate of appropriateness shall be required for a stand that is operated by a city market vendor pursuant to Chapter 8 of the City Code; however such stands shall otherwise be required to comply with the regulations and requirements set forth within this article governing the size, appearance and operational restrictions applicable to vendor stands. Addition of features or accessories not specifically approved as part of a current certificate of appropriateness for a vendor stand shall constitute a violation of this section.
(b)
Application for a certificate of appropriateness shall be submitted to the city's zoning administrator, and the zoning administrator shall conduct an administrative review of the application. The application shall identify the size of the proposed stand and shall include graphic or other descriptions of the nature and characteristics of the stand. The zoning administrator shall approve or deny a certificate of appropriateness regarding a proposed stand based upon consideration of the requirements and criteria established in this article and within the city's design guidelines for vendor stands. Upon approval of an application the zoning administrator shall issue the approved certificate of appropriateness following receipt of the fee specified in the most recent fee schedule approved by city council. If the application is denied, the zoning administrator shall mail or hand-deliver written notice of that decision to the applicant, which notice shall set forth the specific reason(s) for the denial with reference to specific ordinances, laws or regulations. A vendor aggrieved by the zoning administrator's decision under this section may appeal the decision to the city's board of architectural review, pursuant to section 34-283(e) of the City Code, whereupon the matter shall be reviewed by the board as set forth within section 34-283(f).
(c)
As part of the city's design guidelines for architectural design control districts, the board of architectural review shall develop uniform guidelines and criteria to guide the review and approval of certificates of appropriateness of vendor stands permitted under this article, and to establish standards and criteria governing the appearance of vendor stands and associated tables, showcases, benches, booths, racks, carts, pushcarts, wagons, stalls, and decorations. Failure to operate or maintain a vendor stand in accordance with the standards and criteria set forth within the city's design guidelines shall constitute a violation of this section.
(d)
The zoning administrator may suspend the requirement of a certificate of appropriateness on those days when a community event, as defined within section 28-29(c) of the City Code, is to be held within a design control district.
(e)
The zoning administrator may revoke a certificate of appropriateness for a violation of any requirement of this article.
(f)
A certificate of appropriateness shall be and remain valid for not more than one (1) calendar year and shall expire automatically on the last day of the calendar year for which it was issued.
(g)
Each applicant for a certificate of appropriateness shall pay a permit fee as specified within the most recent fee schedule approved by city council. Once a permit has been approved and issued, the entire amount of the permit fee shall be non-refundable. The zoning administrator shall not issue any certificate of appropriateness until a vendor's permit fee payment is received.
(Code 1976, § 25-45.4; 4-17-95; 11-16-98(3); 12-1-03(2); 12-5-05(2))
Cross reference— Certificates of appropriateness generally, § 34-661 et seq.
Editor's note— Ord. of Dec. 5, 2005, repealed § 28-120, which pertained to stands prohibited at certain locations. See also the Code Comparative Table.
(a)
No vendor's stand shall exceed: six (6) feet in height, and no vendor's stand shall exceed (i) the boundaries of the space to which it has been assigned pursuant to section 28-116(b) or (ii) for stands other than those subject to section 28-116(b), ten and one-half (10½) feet in length and width (measured from the outermost edges of all display cases, display racks, and other display areas associated with the stand).
(b)
No vendor stand shall operate in the city except between the hours of 7:00 a.m. and 10:00 p.m. Hours of operation may be extended with the prior written permission of the city manager. All stands, except those approved by the city pursuant to a lease, or pursuant to Article VI of this chapter as part of an outdoor café, must be removed from public property during non-operating hours.
(c)
Each vendor stand shall be attended at all times during operational hours by at least one (1) person under the direction or control of the vendor to whom the stand belongs.
(d)
No vendor stand located in the downtown business district, as defined within section 16-3 of the City Code, shall include any device or equipment that utilizes or generates any open fire or flame for the heating or cooking of food or beverages.
(e)
No vendor stand shall use or incorporate any city equipment or facilities, such as public benches or chairs, planters, etc. Vendors may use city electrical outlets for point of sale with approval of the zoning administrator.
(f)
No vendor shall operate or use a motor-propelled stand.
(g)
All trash or debris accumulating within twenty (20) feet of any vendor stand shall be collected and disposed of by the vendor in an appropriate receptacle. Vendors of food and beverages must provide trash receptacles as part of their stands.
(h)
A vendor shall comply immediately with the lawful request of any police officer, firefighter, rescue service person, emergency medical technician, or any city or public utility employee to move his stand for emergency reasons, or to permit maintenance of pavement, utilities or other public improvements or facilities.
(Code 1976, § 25-45.2; 6-6-94; 4-17-95; 12-1-03(2); 12-5-05(2); 2-3-14)
Editor's note— Ord. of Dec. 1, 2003(2), repealed §§ 28-122—28-126, which pertained to signs on or within stands; motor-propelled stands prohibited; control of trash near stands; removal of stand in emergencies or to permit maintenance of public facilities; and city market vendors. See also the Code Comparative Table.
(a)
Retail businesses with ground level frontage on the Downtown Pedestrian Mall may utilize up to five (5) feet extending outward from the front of their building façade to display merchandise for sale and/or décor, subject to the following requirements:
(1)
No display shall be placed so as to leave less than a six-foot wide area for pedestrian passage;
(2)
No display shall be placed in the fire lane;
(3)
No display, including furniture, bookshelves, clothing racks and/or mannequins shall be placed so as to create a pedestrian trip hazard;
(4)
All small merchandise shall be placed on top of one (1) table adjacent to the building façade with a tailored black (preferred), blue, dark green, purple, charcoal gray or maroon cloth skirt which extends to the ground on all four (4) sides;
(5)
Signs no larger than one (1) square foot in area may be placed within the display area;
(6)
All merchandise, décor and the surrounding area shall be maintained, kept clean and in good repair;
(7)
All merchandise for sale shall be removed from the Downtown Pedestrian Mall at the close of business each day.
(9-20-10)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Vehicle means any motor vehicle used for vending to a retail customer on the city streets.
Vending means the sale of food, drink, ice cream or other frozen dessert to a retail customer within the right-of-way of any public street in the city.
Vending vehicle means motor vehicle used for vending to a retail customer on the city streets. This definition shall not include towed trailers or push carts.
(Code 1976, § 19-11; 5-6-13(1))
Cross reference— Definitions and rules of construction generally, § 1-2.
Unless otherwise specifically provided, a violation of any provision of this article shall constitute a Class 3 misdemeanor.
Cross reference— Penalty for Class 3 misdemeanor, § 1-11.
The provisions of this article shall not apply to persons vending farm produce grown by the vendor, nor to persons vending wood.
(Code 1976, § 19-21)
Except as otherwise provided in this article, every motor vehicle used to transact the business of vending to a retail customer where the sale is made in the city street right-of-way shall be subject to the provisions of this article.
(Code 1976, § 19-12)
No sales shall be made from a vending vehicle on any street where posted speed limits are in excess of twenty-five (25) miles per hour.
(Code 1976, § 19-15; 5-6-13(1))
No unattended vending vehicle shall be permitted to park on any city street between the hours of 2:00 a.m. and 7:00 a.m.
(Code 1976, § 19-13; 5-6-13(1))
No vending vehicle shall stop, except for emergency reasons, within one hundred (100) feet of any school property without the annual written consent of the principal of such school permitting such stop.
(Code 1976, § 19-14)
(a)
Whenever a vending vehicle is stopped for the purpose of making sales, it shall be stopped at the right-hand curb of the street in a legal parking space, or if there is no curb, at the extreme right-hand edge of pavement in a legal parking space. No sales shall be made from any vending vehicle to any person not standing on the sidewalk, or where no sidewalk has been installed, not standing off the paved roadway. At such stops, the vending vehicle's motor shall be cut off unless its operation is essential to producing the product sold.
(b)
Vending from vending vehicles, as defined in this article, is prohibited in areas zoned as residential between the hours of 8:00 p.m. and 7:00 a.m. during Daylight Savings Time and between the hours of 6:00 p.m. and 7:00 a.m. during Eastern Standard Time.
(c)
No vending vehicle shall park or make sales in front of an established restaurant on the same side of the street during the restaurant's operating hours.
(Code 1976, § 19-16; 9-7-10(2); 5-6-13(1))
Up to four (4) vending vehicles may dispense merchandise in any given city block at any one (1) time.
(Code 1976, § 19-17; 5-6-13(1))
Each vending vehicle shall be equipped with four (4) amber signal lights, of a minimum diameter of four (4) inches, located on each corner of the top of the vending vehicle. All four (4) lights shall flash simultaneously while such vending vehicle is stopped with the engine running for the purpose of making sales.
(Code 1976, § 19-18; 5-6-13(1))
No person operating a vending vehicle shall use any noise-making device for the purpose of attracting customers, except the sounding of bells, and such bells shall be used only while the vending vehicle is in motion from one (1) regular stop to the next regular stop.
(Code 1976, § 19-19; 5-6-13(1))
Cross reference— Noise control, Ch. 16.
Each vending vehicle shall be equipped with a receptacle for the disposal of wrappers, papers, containers and other trash. The driver of each vending vehicle, before he leaves for his next regular stop, shall ensure that no wrappers, papers, containers or the like have been left on the sidewalk or street.
(Code 1976, § 19-20; 5-6-13(1))
Cross reference— Solid waste, Ch. 26.
The zoning administrator shall be responsible for receiving and approving applications for permits under this article and for administering the requirements of this article.
(Code 1976, § 25-28.1[i]; Ord. of 3-4-02; 6-21-04)
(a)
The operation of a café pursuant to a permit granted under this article shall comply with all provisions of state and local building codes and health laws and regulations regarding the service and preparation of food and also, where applicable, the operations of an outdoor café shall be conducted in accordance with the regulations of the state alcoholic beverage control board.
(b)
No person operating a café under a permit granted under this article shall allow any café furnishings or equipment to be or remain within any fire lane, or to protrude into the airspace above any fire lane.
(Code 1976, § 25-28.1[e]; Ord. of 3-4-02; 6-21-04)
Within the designated area of a café, the operator holding a permit under this article shall have the right to limit access and occupancy to only bona fide paying customers of that operator's restaurant who are behaving in a lawful manner, and shall have the same right to deny admission or service as the operator exercises on his own premises. However, no person shall be denied access or service to the café area on the basis of race, religion, national origin, sex, sexual orientation, age or disability.
(Code 1976, § 25-28.1[f]; Ord. of 3-4-02; 6-21-04)
(a)
No person shall operate an outdoor café on a city sidewalk or the downtown pedestrian mall referred to in section 28-212 without a permit issued pursuant to this division.
(b)
The city manager shall, from time to time, approve a map identifying the locations along the downtown pedestrian mall which will be eligible for use as outdoor café areas. The locations identified on this map shall be the only areas for which any café permit(s) may be issued by the zoning administrator for space on the mall. This map shall be maintained available for public inspection within the city's department of neighborhood development services. The city reserves the right to re-define and re-designate spaces available for outdoor café use, on an annual basis. Written notice of such changes shall be provided by the city to operators at least thirty (30) days in advance of the commencement of the permit term in which the changes will take place. In the event of any such changes, an incumbent operator will be assigned a space that most closely corresponds to the location occupied during the prior permit year.
(c)
For the purposes of this division a "permit term" shall refer to the period from March 2009 through the last day of February, 2010; then, commencing on March 1, 2010 for consecutive one-year periods thereafter.
(d)
The city council will, from time to time, approve a schedule of the rents, fees and charges associated with reservation of outdoor café spaces. No space shall be reserved to any person until all applicable rents, fees and charges have been paid.
(Ord. of 3-4-02; 6-21-04; 12-5-05(2); 5-4-09(1); 3-7-11)
(a)
The operator of any licensed restaurant in the city may, on or before the commencement of each permit term, apply to the zoning administrator for a permit to operate an outdoor café on the city sidewalk contiguous to such restaurant.
(b)
The operator of any licensed restaurant abutting the downtown pedestrian mall on Main Street between East Seventh Street and Ridge-McIntire Road, or the adjacent side streets may, on or before the commencement of each permit term, apply to the zoning administrator for a permit to operate an outdoor café upon a portion of the mall or any side street located within the same block as the restaurant. If there is no such space available, such an operator may apply for a permit to operate café space adjacent to its restaurant provided that for its entire length, at least twelve (12) feet of sidewalk is maintained between the café space and any obstruction and/or the fire lane for pedestrian travel.
(c)
A prospective operator of a restaurant shall provide, as part of its application, an executed lease for, evidence of ownership of, or a valid option agreement to lease or purchase the restaurant space. Submission of a valid option agreement in conjunction with a timely and complete qualifying application shall cause the space applied for to be reserved for the prospective operator for thirty (30) days from the date of application. Failure to submit an executed lease or purchase agreement for the restaurant space within this time period shall result in denial of the application.
(d)
Any operator holding a valid permit for a particular outdoor café space shall be deemed to have re-applied for permission to use the same space for a succeeding permit term. Such operator shall pay the required application fees and rent, and shall complete all paperwork required by the zoning administrator, within thirty (30) days of the commencement of the succeeding permit term. During such thirty-day period, the café space shall not be assigned by the city to any other operator; however, if the incumbent operator fails to meet all requirements within the thirty (30) days, then the operator's permit shall expire and the city may deem that space to be unassigned.
(e)
No operator shall be assigned all the available space within a single block on the downtown mall. No space in excess of eight hundred (800) square feet will be assigned to any operator. However, any operator assigned a space in excess of eight hundred (800) square feet as of March 1, 2011 may continue to utilize that space, or such additional space as may be approved by resolution of city council, until ownership of the restaurant changes.
(f)
Any operator assigned space on a mall corner may include space located on an adjacent numbered side street that is closed to through-traffic. If any such side street is used for parking of motor vehicles, or for one (1) or more loading zones, during certain hours of the day or evening, no outdoor café operations shall be authorized during any such hours.
(g)
When a permit holder ceases operation of café space, the zoning administrator shall notify all owners of commercial property on the block where that café space is located. All such owners shall have thirty (30) days from the date of notice to submit a permit application for the available café space in accordance with this article. Up to fifty (50) percent of the available space (but in no case more than four hundred (400) square feet) shall be awarded to a restaurant that will occupy the vacating restaurant space, and the remainder shall be awarded to the first other applicant (provided each submit a timely and complete qualifying application). If no additional applications are received, the entire available space shall be offered to the restaurant that will occupy the vacating space, up to the maximum allowable square footage.
(Code 1976, § 25-28.1[a]; 2-6-95, § 1; Ord. of 3-4-02; 6-21-04; 12-5-05(2); 5-4-09(1); 3-7-11; 4-2-12)
The zoning administrator shall grant a permit applied for under this division for a period of not more than one (1) permit term, provided the zoning administrator finds:
(1)
That the restaurant requesting the permit is being or will be operated as a lawful use in the zoning district in which it is located. If the proposed café will be located in an area subject to design control by the board of architectural review, once the zoning administrator has completed an initial review of the application, then the design and appearance of the café structures and furnishings shall be reviewed by the board pursuant to the standards and procedures set forth in Chapter 34 of this Code.
(2)
That the proposed café will not present a hazard to the public health, safety or welfare.
(3)
That all required rents, fees and charges have been paid.
(Code 1976, § 25-28.1[b]; 2-6-95, § 1; Ord. of 3-4-02; 6-21-04; 12-5-05(2))
(a)
A permit granted by the zoning administrator under this division shall identify the permit term, or outstanding portion thereof, during which the operation of the café shall be authorized.
(b)
Permits for cafés on the downtown pedestrian mall or city sidewalks may contain additional reasonable conditions and requirements as the zoning administrator may deem necessary. The purpose of any such conditions shall be to ensure that the operation or use of the proposed café will not present a hazard to the public health, safety or welfare.
(c)
Effective for the permit term commencing in March 2009, and each permit term thereafter:
(1)
Each applicant for a café permit shall pay a permit fee upon submission of such application, in the amount specified on the most recent fee schedule approved by city council. For operators renewing an existing permit this fee shall be due and payable within thirty (30) days following the commencement of the current permit term.
(2)
Each operator shall pay rent in the amount specified on the most recent fee schedule approved by city council. Such rent shall be paid according to the payment schedule set by the zoning administrator. Any café permit for which the holder has not paid rent hereunder within thirty (30) days of the due date shall expire and become null and void.
(d)
No food preparation shall be performed in any area which is the subject of a café permit issued under this article. The operator of an outdoor café which is the subject of any such permit shall promptly remove all food dishes and utensils after each customer has left and shall thoroughly clean the entire café area and the sidewalk located within the café after the close of each business day. The zoning administrator shall have the authority to require any café operator, as an additional condition of a permit, to use only non-disposable dishes, utensils and napkins within the café area, upon a determination that the use of paper or plastic tableware or napkins is or has been contributing to litter problems in the area subject to the permit. Upon making such a determination, the zoning administrator shall issue thirty (30) days' advance written notice of the new requirement to each operator whose permit will be affected.
(e)
An outdoor café subject to a permit required by this article shall be operated only within the area specifically assigned to an operator by a permit issued by the zoning administrator. The operator shall clearly delineate its area of operation through use of any one (1) or more of the following markers: trees, fences, planters and barriers. All items used for delineation of café space shall be compliant with current ADA Guidelines and approved by city staff prior to use. An outdoor café shall be in operation only during hours that the restaurant with which it is associated is open.
(f)
Musical entertainment shall be allowed within any outdoor café area subject to a permit; however, such activity shall be limited to un-amplified vocal or instrumental performances and such activity shall not be conducted during the hours between 12:00 midnight and 11:00 a.m. of any day. Cafés located on the downtown pedestrian mall shall also be subject to the city's noise ordinance established for that area; however, in the event of a conflict between said noise ordinance and the requirements of this section, the stricter requirement shall govern the activities within such outdoor café.
(g)
No tents or similar structures shall be erected or utilized over or within any outdoor café operating under a permit granted pursuant to this article; except that, not more than twice per year, the operator of an outdoor café, after receiving approval of the city's board of architectural review, may erect or utilize a tent over or within his outdoor café space. No such tent may be utilized or remain in place for longer than seventy-two (72) hours.
(h)
Access to and use of city electricity by outdoor café operators, including, without limitation, use of any outdoor electrical outlet(s), shall be permitted for cash registers and credit card machines only to those operators that pay a monthly fee to the city as established by city council.
(i)
Space heaters (other than any heaters requiring use of city electricity or electrical outlets) may be utilized by a café operator so long as the use and operation of any such heater is in compliance with all applicable building and fire codes and does not present a threat to the health, safety or welfare of the public. Each heater must be approved by city staff.
(j)
No café permit shall be shared by any restaurant with another restaurant without the prior written approval of the zoning administrator. In the case of such sharing arrangement, (i) the original operator shall remain fully responsible for compliance with this article unless otherwise agreed in writing by the zoning administrator; and (ii) if the space that is the subject of the permit exceeds eight hundred (800) square feet under circumstances permitted by section 28-212(e), approval of the sharing arrangement shall be conditioned upon a reduction of the area reserved by the permit to not more than eight hundred (800) square feet.
(k)
All tables, chairs and equipment located within an outdoor café shall be maintained in good, clean condition by the operator.
(Code 1976, § 25-28.1[c, d]; 11-19-90; 2-6-95, § 1; Ord. of 3-4-02; 6-21-04; 12-5-05(2); 5-4-09(1); 3-7-11; 2-3-14)
As a condition of a permit granted under this division, the café operator shall indemnify the city (including, without limitation, its officers, officials and employees) and hold the city harmless from and against all claims for damages or injuries of any kind whatsoever arising out of the operator's occupancy of the public right-of-way or the operation of the café. The operator shall obtain and keep in force throughout the duration of the permit public liability insurance with coverage in the amount of at least one million dollars ($1,000,000.00) combined single limit. The city shall be named an "additional insured" party with respect to such insurance. Prior to issuance of a permit under this division, and on the commencement date of each permit term thereafter, the café operator shall be required to provide documentation satisfactory to the city attorney demonstrating that this insurance requirement has been met.
(Code 1976, § 25-28.1[g]; 2-6-95, § 1; Ord. of 3-4-02; 6-21-04)
(a)
The director of neighborhood development services may revoke any permit granted under this division, upon finding:
(1)
A violation any of the requirements or mandatory provisions set forth within this article (including, without limitation: failure to pay or delinquency in payment of rent, failure to obtain written approval prior to an assignment; failure to obtain or maintain required insurance, intrusion into a fire lane or any pedestrian walkway, failure to maintain café area free of leaves, ice and snow, etc.);
(2)
A violation of any condition of a permit imposed pursuant to section 28-214(b) of this division;
(3)
That the continued operation of the café poses a threat to the health, safety or welfare of the public or constitutes a public nuisance;
(4)
That the café has not been substantially utilized for a period of thirty (30) or more days between March 1 and Labor Day of any year. No café operator who has elected to shut down operations entirely between Labor Day and February 28 of the succeeding calendar year, and who has removed all equipment and furnishings from the café area during that time, shall be subject to permit revocation during such time;
(5)
Violation of any federal or state law, or of any city ordinance, applicable to the café or the operation thereof;
(6)
That a café space awarded to a prospective restaurant owner has not been substantially utilized for a period of six (6) months after its issuance.
(b)
A person who has been denied a permit by the zoning administrator, or whose permit has been revoked by the director of neighborhood development services, may appeal the denial or revocation to the city manager. Such appeal shall be made in writing, within five (5) business days following the decision appealed from, and shall set forth the basis on which the person contests the decision. The city manager shall consider the appeal and shall render a written decision within five (5) business days after receipt of the appeal. The decision of the city manager may be appealed by the aggrieved person to the city council, by submitting a written notice of appeal to the city manager within five (5) days of the city manager's decision. After a hearing conducted at any regular meeting of the council, provided the appealing person has been notified of such hearing by written notice delivered to the person's place of business at least five (5) days before such meeting, the council shall make a final decision on the merits of the denial or revocation.
(c)
During the pendency of an appeal from a decision of the director of neighborhood development services to revoke a permit, an outdoor café may continue to operate, unless the director of neighborhood development services determines, in writing, that allowing such operations to continue would present an unreasonable risk to the health, safety or welfare of the public. Any such determination shall be provided to the café operator by hand-delivery at the café site to the agent or employee supervising café operations, and by certified mail to the mailing address provided by the operator in his application, and may require the café operator to immediately cease operation. Any such determination shall be reviewable by the city manager in connection with the operator's appeal.
(d)
Any permit issued under this article may be revoked by city council at any time, upon thirty (30) days' advance written notice to a café operator, upon a determination that such revocation is necessary to serve the welfare, safety or convenience of the public.
(Code 1976, § 25-28.1[h]; Ord. of 3-4-02; 6-21-04; 12-5-05(2); 3-7-11)
City council finds that the use of public streets and rights-of-way for valet parking, while providing a public benefit to some by making parking more convenient, also has the potential to impede travel, interfere with the rights of others using the streets and public rights-of-way, affect the public safety, and create public nuisance conditions. Therefore, valet parking may be permitted within the city as a special privilege, not as a matter of right, subject to the regulations in this article.
(4-18-16)
For purposes of this article, the following words shall have the following meanings:
Public right-of-way means any area dedicated for public use as a public street, pedestrian way, or other thoroughfare, including but not limited to streets, roadways, parkways, alleys, sidewalks, and pedestrian ways. For purposes of this article the term excludes (i) areas of the Downtown Mall open to motor vehicle traffic, and (ii) all brick-paved areas of any side street adjacent to the Downtown Mall.
Valet parking means practices associated with, and the act of, driving another person's vehicle to and from a parking location, so that the driver and any passengers originally within the vehicle may unload (drop-off) and load (return) at or near their immediate destination.
Valet parking service means a person engaged in the provision of valet parking, including any employees, contractors, subcontractors, or agents employed or otherwise assisting in the provision of such valet parking.
(4-18-16)
A permit is required for any valet parking service that conducts any portion of its operation (including but not limited to: drop-off, queuing, receiving, moving, or return of vehicles) upon any public right-of-way. No permit is required for a valet parking service conducted entirely upon private property solely as a service for patrons of that location.
(4-18-16)
(a)
New applications for a permit shall be submitted to the city manager for review, and shall include the following information:
(1)
The name, address, and telephone number of the valet parking service; the name and contact information for a responsible individual who will be immediately available during all hours of the valet parking service's operation; the type of business entity that will be conducting the valet parking service (sole proprietorship; corporation; limited liability company, etc.) and the identity and signature of the individual submitting the application on behalf of the valet parking service (for a corporate entity, an individual who is an officer or director of the corporation; for a limited liability company, an individual who is authorized to enter into binding agreements on behalf of the company; etc.);
(2)
A letter signed by the owner/proprietor of each premises to be served by the valet parking service, confirming its intention to engage the valet parking service;
(3)
A petition describing the hours and proposed area of operation of the proposed valet parking service, and containing the signature(s) of the owner(s) and occupant(s), if different than the owner(s), of each premises located on or within the same block(s) as the right-of-way area to be served by the valet parking service, on both sides of the public right-of-way proposed to be utilized. The petition shall be in a form provided by the city manager's office, providing signature lines on which such owner(s) and occupant(s) may sign to indicate either support or opposition to the petition. The following person(s) may sign on behalf of a multifamily dwelling: The owner of the premises; a property manager authorized to act as the owner's agent; or the authorized representative of a condominium unit owner's association;
(4)
A description of the location(s): (i) where vehicles would queue while awaiting drop-off and return, (ii) where the valet parking services will receive possession of vehicles from patrons ("drop off point"), and (iii) where the valet parking service would return vehicles to patrons ("return location"). The application shall include a map or aerial photograph illustrating the proposed dimensions of each location, and shall identify any on-street parking space(s) within the desired permit location;
(5)
Identification of the location(s) where vehicles will be parked or stored by the valet parking service ("parking location"). All such locations must meet applicable zoning ordinance requirements for parking lots and other parking facilities;
(6)
A contract or other signed statement from the operator of the parking location, setting forth:
a.
The total number of parking spaces within the parking location,
b.
The number of parking spaces within the parking location that will be available to the valet parking service, and
c.
An estimate of the percent usage of the parking location, taking into account use by the valet parking service;
(7)
The location, dimensions and materials of proposed signs for the valet parking service and any proposed attendant stands;
(8)
Proof of insurance required by this article;
(9)
Payment of a nonrefundable permit application fee. The permit application fee is five hundred dollars ($500.00) per right-of-way location proposed to be utilized by the valet parking service;
(10)
A copy of the applicant's city business license, and proof of payment of all applicable taxes.
(b)
Applications for renewal of a previously-approved permit shall be submitted to the city manager, and shall include the following information:
(1)
A cover letter signed by the valet parking service, and indicating whether or not any matters represented within the previous year's permit application have changed;
(2)
A contract or signed statement for the parking location, (in accordance with subsection (a)(6) above), containing updated information for the period of the proposed renewal;
(3)
Proof of insurance required by this article;
(4)
Payment of the permit application fee specified in (a)(9) above; and
(5)
A copy of the applicant's city business license, and proof of payment of all applicable taxes.
(c)
Not more than one (1) permit will be issued per city block. The individual to whom the permit is granted shall not operate valet parking services at any other location within a public right-of-way unless a permit has been issued for the other location.
(4-18-16)
Every valet parking permit, or renewal of a permit, shall be issued by the city manager for a specific period of time, not to exceed one (1) year (twelve (12) months) from the date of issuance.
(4-18-16)
(a)
The valet parking service shall only accept vehicles at, and return vehicles to, the approved drop-off and return locations. Final dimensions of proposed drop-off and return locations shall be determined by the traffic engineer or the city manager.
(b)
The valet parking service shall provide a level of staffing adequate to receive, park, and return vehicles in a manner that traffic within the public right-of-way is not impeded by its activities. Vehicle queuing is allowed only within an area approved by the city's traffic engineer for vehicle queuing.
(d)
Each valet parking service shall display at each drop-off and return location within city right-of-way an "A-frame" sign or movable podium, which may only be displayed during the approved operating hours of the valet parking service and must be removed from public property at all other times. Each location may have only one (1) sign or podium. Each A-frame sign, or the sign on a podium, shall be of dimensions and materials compliant with applicable provisions of the city's zoning ordinance. Each A-frame sign shall contain plainly visible letters and numerals stating:
(1)
"Valet parking;"
(2)
The name of the valet parking service;
(3)
The hours of operation of the valet parking service; and
(4)
The valet parking fees, if any.
(e)
Each individual employed by the valet parking service in the operation of any vehicle shall possess a valid Virginia driver's license.
(f)
If the use of an on-street public parking space is necessary for the valet parking service, that parking space is only reserved during the approved hours of operation for the valet parking service and at all other times the parking space shall be available for public parking. If a permit is granted, the operator of the valet parking service shall not use the parking space for any other purpose other than receiving vehicles from and returning vehicles to customers of the valet parking service. The operator of the valet parking service shall not lease the parking space or allow any person to park a vehicle in the space if such use is not related to the operation of the valet parking service. Any permit for valet parking services along with the use of a parking space associated with the permit shall be temporarily suspended in the event a public street, in the area of the permit authorizing valet parking services, is temporarily closed to vehicular traffic because of a special event, festival or emergency, or other similar occurrence; the temporary suspension of the permit shall be lifted upon termination of the occurrence.
(4-18-16)
(a)
The valet parking service shall maintain the following insurance ("required insurance"): (i) worker's compensation, in the statutory amounts required by the Commonwealth of Virginia; (ii) commercial general liability insurance, and garage liability insurance, in such form and with such limits of coverage as established annually by the city's director of finance.
(b)
The valet parking service's general commercial liability and garage liability insurance policies shall be endorsed to add the city as an additional insured party, and to require thirty (30) days' prior written notice to the city of any change or cancellation.
(c)
Prior to the issuance of a permit, and at all times while the permit is in effect, the applicant shall maintain on file with the city's risk manager evidence of the required insurance.
(e)
If evidence of the required insurance is not provided, or if any required insurance is cancelled for any reason, the permit issued shall automatically be deemed revoked, without the requirement for prior notice from the city.
(4-18-16)
The valet parking service to which a permit is issued shall indemnify, hold harmless, release and defend the city, its officers and employees, from any and all liability, loss, suits, claims, damages, costs, judgments, and expenses (including attorney's fees and costs of litigation) which in whole or in part result from, or arise out of:
(1)
Any act or omission of its employees;
(2)
The operations of the valet parking service;
(3)
Any condition of property used in the operation;
(4)
Any negligence of the valet parking service, its officers, directors, employees, contractors and any individuals or entities engaged in the provision of valet parking services authorized by the permit.
(4-18-16)
(a)
The city manager may revoke or deny a permit for any of the following reasons:
(1)
The valet parking service fails to cooperate with the city police department in the investigation of any crime involving the valet parking service.
(2)
The valet parking service has made a material misrepresentation in its application.
(3)
The valet parking service would or does substantially disrupt, impede or affect the safety of pedestrians or any vehicular traffic using the public right-of-way.
(4)
The valet parking service at the specified location would be or is incompatible with other uses in the vicinity.
(5)
The valet parking service, or the owner/proprietor of any premises served by the valet parking service, fails to comply with any provision set forth within this article, or any condition of a permit, or has done so within the past five (5) years.
(6)
The valet parking service, as operated or proposed to be operated, causes or would cause a loss of parking spaces during the hours of the valet parking service operations, in such number or for such period(s) of time as would adversely affect other premises located within the same block(s) as the premises served by the valet parking service.
(b)
The city manager shall notify an applicant or permittee in writing when a permit is denied or revoked. Except in circumstances when the public health, welfare, or safety requires more immediate action, revocation shall not be effective until forty-eight (48) hours after written notice is given to the permittee.
(c)
The city manager's revocation of a permit shall be in addition to, and not in lieu of, any penalty provided by section 28-232.
(4-18-16)
(a)
The city manager may impose conditions upon a permit issued under this division, as reasonably necessary to protect the peace and tranquility of any residential area, to mitigate adverse traffic impacts, to protect other lawful uses of the public rights-of-way, or protect the health, welfare, safety or convenience of the public.
(b)
Any valet parking service operating under an approved permit, and the owner/proprietor of any premises served by that valet parking service, shall comply with all conditions imposed upon the permit pursuant to subsection (a) of this section.
(c)
The following requirement shall be deemed a condition of every permit issued under this division, and each renewal thereof: the valet parking service operating under an approved permit shall be responsible for the cost of any public street signage required in connection with its use of the public right-of-way. The city traffic engineer shall establish the signage requirements for each permitted location.
(4-18-16)
(a)
The approval of a permit under this article provides only for the nonpermanent and nonexclusive use of the public right-of-way. Valet parking services, and the owners/proprietors/occupants of premises benefiting from the valet parking services shall have no property interest in, or any entitlement to, the granting or continuation of any permit for the use of any public right-of-way.
(b)
Neither a valet parking service, nor the owner/proprietor of any premises benefitting from a valet parking service, shall, by virtue of any permit approved under this article, acquire any right or authority to have any vehicle(s) towed from any public right-of-way that is the subject of such permit.
(4-18-16)
Any person violating the provisions of this article or any condition of a permit issued pursuant to this article shall be guilty of a Class 4 misdemeanor.
(4-18-16)
This chapter shall be known, and may be referred to and cited as the City of Charlottesville's "Subdivision Ordinance."
(4-21-08(1))
The purposes of this chapter are to:
(1)
Improve the public health, safety, convenience and welfare of the citizens of the city, by assuring the orderly division of land and its development;
(2)
Implement the comprehensive plan and the policies stated in section 34-3 of the zoning ordinance through the standards and procedures established herein;
(3)
Assure that the development of the city is consonant with efficient and economical use of public funds;
(4)
Assure that improvements required by this chapter will be designed, constructed and maintained so as not to become an undue burden on the community; and
(5)
Integrate the subdivision approval process with the city's local stormwater management and erosion and sediment control programs, in order to make the submission and approval of plans, issuance of permits, payment of fees and coordination of inspection and enforcement activities more efficient.
(4-21-08(1); 5-19-14, § 1, eff. 7-1-14)
Agent means (i) the director of neighborhood development services, or their designee. The director of neighborhood development services or designee shall have the authority to sign any final plat on behalf of the city.
Alley means a form of vehicular travel way providing access to the rear or side lot line of abutting properties that front along streets. Unless dedicated to and accepted by the city, an alley is privately owned and maintained, is intended to be used primarily by the owners and occupants of the abutting properties and persons and vehicles providing services to those properties (including emergency vehicles) and is not intended for through traffic.
Boundary line adjustment means a type of subdivision in which one (1) or more lot lines are relocated or altered so that the land exchanged is added to and becomes part of an existing lot and no additional lot is created.
Commission means the planning commission for the City of Charlottesville, created by the city in accordance with Va. Code § 15.2-2210 and charged with promoting the orderly development of the city and its environs. The chairperson of the commission or their designee shall have the authority to sign any final plat on behalf of the city.
Common area means an area shown on a plat that is not a platted lot for sale but is either owned or will be owned in common by the lot owners within the subdivision or, if not owned in common, is available for the common use of the lot owners within the subdivision.
Control point is a known latitude/longitude (or X/Y) geographic location obtained in the field using either a global positioning system or other location-determining equipment, acquired in a manner that will yield an X, Y position that can be demonstrated to have sub-centimeter accuracy, and whose position coordinates are expressed relative to the North American Datum of 1983 (NAD 83).
Critical slope refers to the portion of a lot that has a grade in excess of twenty-five (25) percent.
Developer means the person who owns, or who controls, a tract of land developed or to be developed as a unit, which is to be used for any business or industrial purpose or is to contain three (3) or more residential dwelling units. In context, the term shall be construed to include a subdivider.
Development means a tract of land developed or to be developed as a unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain three (3) or more residential dwelling units. The term "development" shall not be construed to include any property which will be principally devoted to agricultural production.
Drainage control means the removal, collection or conveyance of stormwater runoff from or on property through structural facilities or other measures.
Drainage district means a drainage project established pursuant to § 21-292 et seq., Code of Virginia (1950).
Driveway means a form of private vehicular access from a street or alley to the interior of a lot.
Easement means a right possessed by the owner of one (1) parcel of land to use the land of another for a special purpose not inconsistent with the general property rights of that owner.
Easement, private means a reservation or grant by a property owner to specific individuals or entities for their use of land for a specific purpose or purposes, other than a license revocable by the unilateral act of the grantor.
Frontage means the continuous uninterrupted distance along which a parcel abuts an adjacent street.
Improvement means all utilities and facilities required by this chapter, including, without limitation: streets, turnarounds, traffic signalization and controls, sanitary sewers, potable water, gas utilities, stormwater management and erosion control facilities, drainage control facilities, curbs and gutters, and sidewalks, regardless of whether such utilities and facilities are publicly or privately owned and/or maintained.
Lot means a parcel of land, occupied or intended for occupancy, appearing on an officially approved and recorded subdivision plat and having its principal frontage on a street or one which a subdivider has been contractually obligated to install as a condition of subdivision approval and for which an adequate financial guaranty has been furnished to the city.
Lot, corner means a lot abutting upon two (2) or more street rights-of-way at their intersection.
Lot, depth of. The term "depth of lot" means the mean horizontal distance between the front and rear lot line.
Lot, double frontage means a lot having a frontage on two (2) nonintersecting street rights-of-way as distinguished from a corner lot.
Lot, width of. The term "width of lot" means the mean horizontal distance between the side lot lines.
Natural stream means a nontidal waterway that is part of the natural topography, which typically will maintain a continuous, seasonal or intermittent flow during the year, and which is characterized as being irregular in cross-section with a meandering course. A constructed channel, such as a drainage ditch or swale, is not a natural stream.
Open space means an area containing water or land, or a combination thereof, that is unoccupied by building lots, streets or other improvements, and which may be vegetated, or left in an undisturbed state.
Person means a natural person, corporation, partnership, sole proprietorship, trust, trustee, joint venture, and any other legal entity.
Phased subdivision means a subdivision for which a preliminary plat is approved for the entire property, and for which two (2) or more final plats, individually pertaining to less than the entire property, are submitted sequentially for review and approval.
Plat means and refers to the schematic representation of land divided or to be divided.
Plat, final means a plat upon which the plan for a subdivision is presented for approval pursuant to this chapter, whether or not preceded by an approved preliminary plat, which is in final form suitable for recording in the land records of the City of Charlottesville, as contemplated by Va. Code § 15.2-2254 and the city's subdivision ordinance, and which has been signed by the city's agent.
Plat, preliminary means a plat upon which the plan for a subdivision is presented for preliminary approval pursuant to this chapter, and which is not in final form for recording in the city's land records.
Plat reviewers refers to those individuals designated by the director of neighborhood development services whose input may, in the opinion of the director, be of assistance in reviewing a proposed subdivision plat.
Property means one (1) or more lots collected together for the purpose of subdividing.
Resubdivision means the division of land by subdivision, where the land being subdivided is the subject of a previously-approved and recorded subdivision plat.
Shared driveway means a private vehicular access to only two (2) lots which have frontage on a street and which are authorized by this chapter and by the city's zoning ordinance.
Sidewalk means a paved pedestrian way designed to meet city standards.
Staff means employees of the city.
Standards and Design Manual. The City of Charlottesville has adopted the Standards and Design Manual to regulate new street and alley construction, stormwater management, erosion and sediment control, potable water, gas utilities, traffic and transportation, bridges, retaining walls and other related structures, and potable water and sanitary sewer systems and related facilities.
Street, private means any street or other way or means of vehicular access that is not designed, constructed, bonded or approved to be maintained by the city as part of its urban highway system regardless of ownership. Private streets are prohibited except pursuant to townhouse developments under City Code section 34-388(b).
Street, public means an area that is encompassed by a right-of-way dedicated to public use for vehicular travel and accepted for maintenance by the city as part of the city's public street system. Any requirement of this chapter that refers to an existing public street shall mean a public street currently maintained by the City of Charlottesville.
Street right-of-way means the total width of the strip of land dedicated to the city in fee simple for public use or reserved for travel, including without limitation the paved street surface, curbs, drainage improvements and gutters, shoulders, ditches, public sidewalks, bicycle paths, and, where necessary, utility easements.
Streetscape trees means trees planted adjacent to existing or proposed public streets, as required by City Code section 34-870.
Subdivide means the process of dividing land to establish a subdivision.
Subdivider means one (1) or more persons who own property to be subdivided, and such person's agent(s) and successor(s) in interest, including, without limitation, the person who develops such property (see also the definition of developer).
Subdivider means one (1) or more persons who own property to be subdivided, and such persons' agent and successors in interest.
Subdivision means (i) the division or consolidation of a parcel or parcels of land into two (2) or more lots or parcels for the purpose of transfer of ownership or building development, including, without limitation, establishment of a condominium regime; and (ii) a boundary line adjustment. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. References to a subdivision in this chapter include, in the appropriate context, a proposed subdivision.
Subdivision, major means any subdivision which involves six (6) or more lots, or which involves the creation of new streets and/or extension of public utilities or facilities regardless of the number of lots.
Subdivision, minor means any subdivision involving five (5) or fewer lots, all of which front on an existing dedicated and accepted city street and which does not require the creation of new streets and/or extension of public utilities or facilities.
Townhouse refers to any one (1) of a series of single-family attached dwellings, under single or multiple ownership, separated from one another by continuous vertical walls without openings from basement floor to roof. "Series" refers to a row of three (3) or more townhouse dwellings.
Water protection ordinance means the provisions set forth within Chapter 10 of the Code of the City of Charlottesville (1990), as amended.
Zoning ordinance means the provisions set forth within Chapter 34 of the Code of the City of Charlottesville (1990), as amended.
(4-21-08(1); 5-19-14, § 1, eff. 7-1-14)
This chapter shall apply to all divisions, re-divisions and consolidations of land, the vacation of recorded subdivision plats or parts thereof, and the relocation of boundary lines. This chapter does not apply to divisions of land resulting from an order entered by a court of equity requiring that land be partitioned, or from the exercise of the power of eminent domain by any public agency.
(4-21-08(1))
(a)
Unless this chapter and the requirements of Article 6, Chapter 22 of Title 15.2 of the Code of Virginia are complied with:
(1)
No person shall subdivide land (including, without limitation, adjustment of any boundary) or vacate any subdivision plat;
(2)
No subdivision plat shall be recorded in the city's land records, unless and until it has been approved and signed by the city's agent. If a portion of the property that is the subject of a subdivision plat lies within the boundaries of the county of Albemarle, then no such plat shall be recorded unless and until it has also been submitted to and approved by the county;
(3)
No person shall sell or transfer any land of a division of land to which this chapter applies before a plat has been approved and recorded as provided within this chapter, unless the division was lawfully created prior to the adoption of a subdivision ordinance applicable thereto. Nothing in this paragraph shall prevent the recordation of the instrument by which the land is transferred or by which title passes between the parties to the instrument; and
(4)
The clerk of the Charlottesville Circuit Court shall not file or record a plat of a division of land to which this chapter applies until the plat has been approved as provided in this chapter.
(b)
Any person, whether as principal, agent, employee or otherwise, who violates any provision of this chapter shall be subject to a fine of not more than five hundred dollars ($500.00) for each lot so divided, transferred or sold. The description of a lot by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring title shall not exempt the transaction from the penalties or remedies herein provided.
(c)
The city's director of neighborhood development services or their designee is hereby authorized to institute any appropriate action or proceeding, at law or in equity, to prevent a violation or attempted violation, to restrain, correct or abate a violation or attempted violation, or to prevent any act which would constitute a violation of this chapter.
(d)
No permit or approval shall be issued or granted by any city employee, officer or agent for the construction of any building, structure or improvement upon any land for which an approval pursuant to this chapter is required, unless and until the person seeking the permit complies with the requirements of this chapter.
(e)
Nothing in this section shall affect the power of a court of equity to order that property be partitioned.
(4-21-08(1))
The requirements of this chapter are:
(1)
Separate from, but supplementary to, all other applicable requirements of the City Code. Compliance with the requirements of this chapter shall not be deemed compliance with other applicable ordinances or regulations;
(2)
Separate from, but supplementary to, all other applicable requirements of state or federal law. If the requirements of this chapter are in direct conflict with mandatory state or federal requirements, then the state or federal requirements shall apply;
(3)
Separate from the requirements, terms or conditions of any private easement, covenant, agreement or restriction. Neither the city nor any of its officers, employees or agents shall have any duty to enforce a private easement, covenant, agreement or restriction. When an applicable requirement of this chapter is more restrictive than a similar applicable requirement of a private easement, covenant, agreement or restriction, the requirements of this chapter shall apply.
(4-21-08(1))
This chapter protects public interests and shall be liberally construed to effectuate its several purposes. The following rules shall apply in the construction of this chapter, unless the application of such rules would effect a result that is contrary to the purposes of this chapter or the context clearly indicates otherwise:
(1)
All references to any statute, regulation, guideline, manual or standard shall be to that statute, regulation, guideline, manual or standard as it exists on the date of adoption of this chapter, and includes any amendment thereafter and any subsequently-issued edition.
(2)
All references to "days" shall be to calendar days, unless otherwise specifically indicated.
(3)
All distances and areas refer to measurements in a horizontal plane.
(4)
The word "street", when not preceded by either "public" or "private" means either a public street or a private street.
(5)
The phrase "agent or commission" means either the agent or the commission as the case may require, pursuant to applicable provisions of this chapter.
(4-21-08(1))
A certified copy of this chapter and all amendments hereto shall be filed in the office of the clerk of the city council, the department of neighborhood development services, and in the office of the clerk of the Circuit Court for the City of Charlottesville.
(4-21-08(1))
The city council will, from time to time, approve a schedule of the fees and charges associated with the various applications, inspections, permits and approvals required by this chapter. At the time an application or other request for any permit or approval is submitted, it shall be accompanied by the required fee(s) and charge(s) as designated in the most recent fee schedule adopted by city council.
(4-21-08(1))
Prior to final approval of a subdivision plat, the city's agent shall require the subdivider to produce satisfactory evidence that any delinquent real estate taxes, liens and charges owed to the city have been paid.
(4-21-08(1))
Nothing herein shall be construed as creating an obligation on the City to construct or pay for any improvements required by this chapter.
(4-21-08(1))
(a)
Whenever this chapter contains provisions for variation or exception to a requirement, the agent or commission in considering a request for a variation or exception, shall consider whether, because of unusual size, topography, shape of the property, location of the property or other unusual conditions (excluding the proprietary interests of the subdivider) the requirement that is proposed to be varied or excepted would result in substantial injustice or hardship and would not forward the purposes of this chapter or serve the public interest.
(1)
In approving any such request, the agent or commission shall find that adherence to the requirements would result in substantial injustice or hardship, and that granting the waiver would not be detrimental to the public health, safety or welfare or to the orderly development of the area.
(2)
Prior to varying or granting an exception to a provision of this chapter, the agent or commission shall obtain a written opinion of the city's fire code official as to whether the requested waiver can be accommodated within the applicable requirements of the Virginia Statewide Fire Prevention Code (VSFPC).
(3)
Prior to varying or granting an exception to a provision of this chapter involving utilities, the agent or commission shall obtain a written opinion of the city's director of public works as to whether the requested waiver can be accommodated within applicable regulations, specifications and ordinances governing utilities.
(4)
A subdivider may appeal the agent's decision to deny a variation or exception request to the commission. In reviewing the request, the commission may approve or disapprove the request based on the applicable findings set forth in this section.
(b)
A request for a variation or exception pursuant to subsection (a) above may be made either prior to or contemporaneous with submittal of a plat.
(4-21-08(1))
(a)
Preliminary plat. Once a preliminary subdivision plat is approved, it shall be valid for a period of five (5) years, as specified within Va. Code § 15.2-2260(F), and subject to the provisions thereof.
(b)
Final plat. Once a final subdivision plat is approved and the subdivider has recorded the plat, it shall be valid for not less than five (5) years, as specified within Va. Code § 15.2-2261, and subject to the provisions thereof. Unless a plat is recorded within the city's land records within six (6) months after final approval, such approval shall be deemed withdrawn and the plat shall be marked void and returned to the agent; however, if construction of any facilities to be dedicated for public use has commenced pursuant to an approved plan or permit with surety approved by the city, the time for plat recordation shall be extended to one (1) year after final approval, or the time limit specified in the approved surety agreement, whichever is greater.
(c)
Extensions. By application of the subdivider filed prior to expiration of a final recorded plat, the agent or commission, whichever approved the recorded plat may grant one (1) or more extensions of its approval for additional periods as the authority may, at the time the extension is granted, determine to be reasonable in accordance with the provisions of Va. Code § 15.2-2261.
(d)
Changes, revisions. By application of the subdivider, during the period of validity of a recorded plat the agent may approve minor modifications to such plat, including, without limitation, any modification that eliminates, relocates or otherwise alters one (1) or more lot lines; provided, however, that the proposed modification shall not involve the relocation or alteration of any streets, alleys, easements for public passage or other public areas, and provided further that no utility easements or rights-of-way shall be relocated or altered. An application for any such modification made during the period of validity of the plat shall not constitute a waiver of any rights of the subdivider existing on the date of approval of the final plat, and the approval of any such modification shall not extend the period of validity of the original final plat. A modified final plat shall be signed by the owner(s) of all land that is the subject of such plat. Nothing in this paragraph limits the right of an owner to apply to vacate a subdivision plat or any part thereof, or to apply for a boundary line adjustment as authorized by this chapter.
(4-21-08(1))
(a)
A recorded plat or any part thereof may be vacated pursuant to Va. Code §§ 15.2-2271 through 15.2-2274. The clerk of the circuit court in whose office any vacated plat has been recorded shall write in plain legible letters across such plat, or the part thereof so vacated, the word "vacated," and shall also make a reference on the vacated plat to the volume and page in which the instrument of vacation is recorded.
(b)
Where no lot has been sold within a subdivision, the recorded plat, or part thereof, may be vacated according to either of the following methods:
(1)
Administratively, with the consent of both the director of public works and the director of neighborhood development services. Any such vacation shall be accomplished only by a written instrument, declaring the plat, or part thereof, to be vacated, and such written instrument shall be approved and signed by the city attorney. Recordation of such written instrument shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in, and to reinvest the owners, proprietors and trustees, if any, with the title to the streets, alleys, easements for public passage and other public areas laid out or described in the plat.
(2)
By ordinance of city council, provided that no facilities for which bonding is required pursuant to Va. Code §§ 15.2-2241 through 2245 have been constructed on the property and no facilities have been constructed on any related section of the property located in the subdivision within five (5) years of the date on which the plat was first recorded.
(c)
In cases where any lot has been sold within a subdivision, the recorded plat, or part thereof may be vacated in accordance with Va. Code § 15.2-2272. Any written instrument or ordinance vacating a plat pursuant to Va. Code § 15.2-2272 shall operate to destroy the force and effect of the recording of the plat or part thereof so vacated, as set forth within Va. Code § 15.2-2274.
(4-21-08(1))
(a)
This division shall apply to minor subdivisions and boundary line adjustments. The director of neighborhood development services or designee shall be the city's agent for the purposes of review and approval of minor subdivisions and boundary line adjustments.
(4-21-08(1))
(a)
The subdivider shall submit a reproducible original between eight and one-half (8.5) inches by eleven (11) inches and eighteen (18) inches by twenty-four (24) inches in size, or eight and one-half (8.5) inches by fourteen (14) inches, the maximum size accepted by the Charlottesville Circuit Court Clerk's Office, and ten (10) copies of the final plat to the agent for administrative review and approval.
(b)
The final plat shall contain the applicable information required by sections 29-110 and 29-111, unless specifically noted otherwise.
(c)
The plat shall be prepared in compliance with sections 29-110 and 29-111.
(4-21-08(1))
(a)
The agent shall act on any proposed plat within sixty (60) days after it has been officially submitted for approval, by either approving or disapproving the plat in writing, and by giving with any disapproval the specific reasons therefor. The agent shall thoroughly review the plat and shall make a good faith effort to identify all deficiencies, if any, with the initial submission. Specific reasons for disapproval shall be contained either in a separate document or on the plat itself. Any reasons given for disapproval shall identify deficiencies in the plat, with reference to specific ordinances or regulations and shall identify modifications or corrections as will permit approval of the plat.
(b)
The agent shall act on any proposed plat that has been previously disapproved, within forty-five (45) days after the plat has been modified, corrected and resubmitted for approval.
(c)
If the agent fails to approve or disapprove the plat: (i) within sixty (60) days after it has been officially submitted for approval, (ii) within forty-five (45) days after it has been officially resubmitted after a previous disapproval, or (ii) within thirty-five (35) days after receipt of all required state agency approvals, as set forth in subparagraph (d), below, then the subdivider, after ten (10) days' written notice to the agent, may petition the city's circuit court for relief in accordance with Va. Code § 15.2-2259(C). If the agent disapproves a plat and the subdivider contends that the disapproval was not properly based on an ordinance or regulation applicable thereto, or was arbitrary or capricious, he may appeal to the city circuit court in accordance with Va. Code § 15.2-2259(D).
(d)
If approval of a feature of a plat by a state agency is necessary, the agent shall forward the plat to the state agency within ten (10) business days of receipt of such plat. The agent shall approve or disapprove the plat within thirty-five (35) days of receipt of approvals from all state agencies; however, (i) in no event shall the agent be required to act on a subdivision plat in fewer than sixty (60) days from the date of its official submission, and (ii) all actions on subdivision plats shall be completed by the agent and, if necessary by state agencies, within a total of ninety (90) days of the official submission date.
(4-21-08(1))
(a)
No application seeking approval of a subdivision, preliminary or final, that would divide any parcel(s) of land into six (6) or more lots, or involving a new street, shall be accepted for review, unless and until the applicant has participated in a pre-application conference and has held a community meeting in accordance with guidelines established by the director of neighborhood development services in accordance with section 34-41(c)(2). Any application that fails to demonstrate compliance with these requirements shall be rejected as incomplete. The director may waive the requirement for a community meeting, if a community meeting was previously held for the same development as part of city council's consideration of an application for approval of a special use permit or a petition for approval of a zoning map amendment. Within fourteen (14) days of receipt of an applicant's official submission of a complete application for approval of a subdivision, the agent shall forward copies to the affected city departments for their review and comments.
(b)
Upon completion of this review, the agent shall notify the subdivider in writing of the plat's approval or disapproval and the reasons for disapproval or the conditions necessary for approval.
(1)
In the event of approval, the director of neighborhood development services or their designee acting ex officio as secretary of the planning commission and the chairperson of the planning commission or their designee shall sign the reproducible original of the plat. The subdivider shall provide the agent with ten (10) copies of the signed final plat for city use.
(2)
In the event of disapproval, the subdivider in its sole discretion may appeal to the commission at its next regularly scheduled meeting.
(c)
The agent, in its sole discretion, may submit a plat to the commission for review in place of the agent's review.
(4-21-08(1); 10-19-15(3))
(a)
The boundary lines of any lot or parcel of land may be vacated, relocated or otherwise altered by recordation of a deed or boundary line adjustment plat, without vacation of a recorded plat, provided that no easements or utility rights-of-way located along any lot lines to be vacated may be extinguished or altered without the express consent of all persons holding any interest therein, and such consent shall be evidenced by the signatures of such persons on the deed. The action shall not involve the relocation or alteration of streets, alleys, easements for public passage, or other public areas. The deed reflecting the boundary line adjustment shall reference the recorded plat by which the applicable lot lines were originally created, and the deed must be approved in writing, on its face, by the city attorney.
(b)
The lots affected by a boundary line adjustment must have been: (i) part of an otherwise valid and properly recorded subdivision plat approved pursuant to this chapter or a prior subdivision ordinance of the city; or (ii) part of a properly recorded deed prior to the adoption of the first subdivision ordinance of the city that required an approved subdivision plat under the applicable circumstances.
(4-21-08(1))
(a)
Review and approval. The commission shall review and approve preliminary plats for major subdivisions pursuant to section 29-80(a) below. The agent shall review and approve final plats pursuant to section 29-82(a), except when one (1) or more of the circumstances described in section 29-82(b)(1) are met, in which case the commission shall review and approve final plats.
(b)
Submission of preliminary plat; when required. Submission of a preliminary plat is mandatory except where the commission has given final site plan approval for the same development. Where such final site plan approval has been given, a preliminary plat is not required, but a final plat must be submitted in accordance with the provisions of this chapter.
(c)
Notice. At least five (5) days prior to the date upon which action is to be taken on the plat, public notice shall be posted that the matter is to be reviewed by the commission.
(d)
Disapproval of plats posing danger to public health, safety or welfare. The commission is not required by any provision of this chapter to approve any final plat, or feature thereof, which it finds to constitute a danger to the public health, safety or welfare.
(e)
Period of validity. The period of validity shall be as referenced in section 29-37.
(e)
Period of validity. The period of validity shall be as referenced in section 29-37.
(f)
Environmental contamination. Disclosure and remediation of contamination and other adverse environmental conditions of the property is a condition of final plat approval.
(g)
Stormwater management and erosion and sediment control plans. Approval of a final stormwater management plan, and approval of a final erosion and sediment control plan, as may be applicable, is a condition of final plat approval. The agent shall not sign any final plat, unless and until final plans and approvals required by Chapter 10 have been obtained.
(4-21-08(1); 5-19-14, § 1, eff. 7-1-14)
(a)
Time periods and appeals for preliminary plats are as follows:
(1)
The commission shall act on any preliminary plat within sixty (60) days after it has been officially submitted for approval, by either approving or disapproving the plat in writing, and by giving with any disapproval the specific reasons therefor.
(2)
The commission shall thoroughly review the preliminary plat and shall make a good faith effort to identify all deficiencies, if any, with the initial submission. Specific reasons for disapproval shall be contained either in a separate document or on the plat itself. Any reasons given for disapproval shall identify deficiencies in the plat, with reference to specific ordinances or regulations and shall identify modifications or corrections as will permit approval of the plat.
(3)
The commission shall act on any preliminary plat that has been previously disapproved, within forty-five (45) days after the plat has been modified, corrected and resubmitted for approval.
(4)
If approval of a feature of a preliminary plat by a state agency is necessary, the commission shall forward the plat to the state agency within ten (10) business days of receipt of such plat, and the commission shall approve or disapprove the preliminary plat within forty-five (45) days of receipt of approvals from all state agencies; however, (i) in no event shall the commission be required to act on a preliminary plat in fewer than sixty (60) days from the date of its official submission, and (ii) all actions on preliminary subdivision plats shall be completed by the commission and, if necessary by state agencies, within a total of ninety (90) days of the official submission date.
(5)
Once a preliminary plat is approved, it shall be valid for a period of five (5) years, as specified in Va. Code § 15.2-2260(F) and subject to the provisions thereof.
(6)
If the commission fails to approve or disapprove the preliminary plat within ninety (90) days after it has been officially submitted for approval, the subdivider after ten (10) days' written notice to the commission, may petition the city circuit court in accordance with Va. Code § 15.2-2260(D). If the commission disapproves a preliminary plat, and the subdivider contends that the disapproval was not properly based on an ordinance or regulation applicable thereto, or was arbitrary or capricious, the subdivider may appeal to the city circuit court in accordance with Va. Code § 15.2-2260(E).
(b)
Time periods and appeals for final plats are as follows:
(1)
The agent or commission shall act on any final plat within sixty (60) days after it has been officially submitted for approval, by either approving or disapproving the plat in writing, and by giving with any disapproval the specific reasons therefor.
(2)
The agent or commission shall thoroughly review the final plat and shall make a good faith effort to identify all deficiencies, if any, with the initial submission. Specific reasons for disapproval shall be contained either in a separate document or on the plat itself. Any reasons given for disapproval shall identify deficiencies in the plat, with reference to specific ordinances or regulations and shall identify modifications or corrections as will permit approval of the plat.
(3)
The agent or commission shall act on any final plat that has been previously disapproved, within forty-five (45) days after the plat has been modified, corrected and resubmitted for approval.
(4)
If approval of a feature of a final plat by a state agency is necessary, the agent or commission shall forward the plat to the state agency within ten (10) business days of receipt of such plat, and the agent or commission shall approve or disapprove the final plat within thirty-five (35) days of receipt of approvals from all state agencies.
(5)
If the agent or commission fails to approve or disapprove the final plat within sixty (60) days after it has been officially submitted for approval, or within forty-five (45) days after it has been officially resubmitted after a previous disapproval or within thirty-five (35) days of receipt of any state agency response, the subdivider, after ten (10) days' written notice to the commission or agent, may petition the city circuit court in accordance with Va. Code § 15.2-2259(C). If the commission or agent disapproves a final plat, and the subdivider contends that the disapproval was not properly based on an ordinance or regulation applicable thereto, or was arbitrary or capricious, the subdivider may appeal to the city circuit court in accordance with Va. Code § 15.2-2259(D).
(4-21-08(1))
(a)
Each subdivider may participate in a preapplication conference with city staff designated by the agent, prior to submittal of a major preliminary plat to the commission for review. The purpose of the conference shall be to allow the subdivider to inform staff of the nature of the subdivision so that staff and the subdivider can develop an informal program that will guide the review and approval of the preliminary plat, or parts thereof. At this preapplication conference the subdivider may present a preliminary schematic plat that shows:
(1)
The boundary lines of the property;
(2)
Existing land conditions, existing topography at a maximum of twenty-foot contour intervals, and established or approximated one hundred (100) year flood plain limits as shown on the official flood insurance maps for the city;
(3)
The general lay-out and design of what is proposed for the subdivision, on a scale of not smaller than one (1) inch equals one hundred (100) feet;
(4)
Building setback lines;
(5)
The applicable zoning of the property, including all applicable proffers, special use permit conditions and variances; and
(6)
The applicable zoning of all abutting properties.
(b)
Statements made by city staff and the subdivider during the pre-application conference shall not be binding on the city or the subdivider.
(4-21-08(1))
(a)
Each preliminary plat shall be submitted to the agent with ten (10) copies, along with all required fees and supporting documentation.
(b)
A preliminary plat shall be deemed officially submitted on the date of the next application deadline established by the agent after the official submittal of the preliminary plat.
(c)
A preliminary plat omitting any information required by sections 29-110 and 29-111, as applicable, shall be deemed to be incomplete and shall be disapproved by the agent. This review and determination shall be made within ten (10) days after the application deadline.
(1)
The agent shall inform the subdivider in writing of the reasons for the disapproval, with citation to the applicable section of this chapter or other law, and what corrections or modifications will permit acceptance of the plat. The agent shall notify the subdivider or his or her agent of the disapproval in writing by first class mail, delivery, or, if consented to by the subdivider in writing, by fax or email.
(2)
Within sixty (60) days after the date the notice of disapproval was mailed or delivered by the agent, the subdivider may resubmit the preliminary plat together with payment of the fee for the reinstatement of review. The date of the next application deadline after the resubmittal of the preliminary plat shall be deemed to be the date upon which the plat was officially submitted. In the event the subdivider fails to timely resubmit the preliminary subdivision plat, the preliminary plat shall be deemed to be disapproved and a new application and fee shall be required for submittal of the preliminary plat.
(d)
When the agent determines that a preliminary plat is officially submitted, he shall:
(1)
Circulate the plat for review and comment by plat reviewers, together with notice of the date on which the plat has been scheduled for a preapplication conference, if applicable. All resulting requirements and recommendations shall be forwarded to the director of neighborhood development services by the plat reviewers prior to a date set by the director. For purposes of this article, the term "requirements" shall be deemed to mean regulatory provisions of this chapter, and any duly adopted rules and regulations of a reviewing department, and "recommendations" shall be deemed to include suggestions for design changes deemed to be in the public interest by a reviewing official in the area of their expertise. The purpose of circulating the plat to plat reviewers is to collect information to be included in a staff report given to the commission prior to their review of the preliminary plat.
(2)
Schedule a preapplication conference, in accordance with section 29-78 above, if requested by the subdivider.
(4-21-08(1))
(a)
Review by planning commission.
(1)
The planning commission shall review all preliminary plats for major subdivisions.
(2)
In conducting review of a preliminary plat, the commission shall review the plat for compliance with the requirements of this chapter. The commission shall consider any written statement(s) submitted by the subdivider and the agent's and other staff's comments and recommendations. The commission also may consider any other evidence pertaining to the compliance of the preliminary plat with the requirements of this chapter as it deems necessary for a proper review.
(3)
If the commission determines that the preliminary plat complies with the requirements of this chapter, it shall approve the preliminary plat and promptly issue a letter to the subdivider stating the conditions that must be satisfied prior to submittal of the final plat. If the commission determines that the preliminary plat does not comply with the requirements of this chapter, it shall disapprove the preliminary plat and promptly inform the subdivider of the disapproval as provided in paragraph (4), below.
(4)
A notice of disapproval shall state the reasons for disapproval by identifying the plat's deficiencies and citing the applicable sections of this chapter or other law, and what corrections or modifications will permit approval of the preliminary plat. The commission shall either mail a written notice of disapproval by first class mail, or deliver it, to the subdivider. Within sixty (60) days after the date the notice of disapproval was mailed or delivered, the subdivider may resubmit the preliminary plat. If the subdivider fails to timely resubmit the preliminary plat, the preliminary plat shall be deemed to be disapproved and a new application shall be required for submittal of the preliminary plat.
(5)
At the time that it acts to approve a preliminary plat, the commission may elect to be the reviewing authority for the final plat.
(b)
Effect of approval of preliminary plat. Approval of a preliminary plat does not guarantee approval of the final plat, does not constitute approval or acceptance of the subdivision, and does not constitute authorization to proceed with the construction of the improvements within the subdivision.
(4-21-08(1))
(a)
Except as otherwise provided, a subdivider shall submit a final plat, with ten (10) copies and in digital format acceptable to the city, for approval within one (1) year of the date of approval of the preliminary plat; if a final plat is not officially submitted within the required time frame, the preliminary approval shall expire. For purposes of this section, a final plat shall be deemed officially submitted on the date it is submitted and satisfies the requirements of paragraphs (b) and (c), below.
(b)
Prior to submitting a final plat, a subdivider shall satisfy all conditions of the approval of the preliminary plat. A final plat shall be disapproved by the agent if the subdivider has not satisfied all of the conditions.
(c)
A proposed final plat that omits any information required by sections 29-110 and 29-111, as applicable, shall be deemed incomplete and shall be disapproved. A determination of completeness shall be made by the agent within ten (10) days after the application deadline. The agent shall inform the subdivider in writing of the reasons for the disapproval, with citation to the applicable section of this chapter or other law, and what corrections or modifications will permit acceptance of the plat. The notice of disapproval shall either be mailed to the subdivider by first class mail, or personally delivered to the subdivider.
(d)
Within sixty (60) days after the date the notice of disapproval was mailed or delivered by the agent, the subdivider may resubmit the final plat together with payment of a fee for the reinstatement of review. In the event the subdivider fails to timely resubmit the final plat, the final plat shall be deemed to be disapproved and a new application and fee shall be required for submittal of the final plat.
(4-21-08(1))
(a)
Review by agent.
(1)
The agent shall review the final plat for compliance with the requirements of this chapter in effect at the time of preliminary plat approval, except as authorized by Va. Code § 15.2-2261(C). The agent shall make a good faith effort to identify all deficiencies, if any, during the review of the first final plat submittal. The agent shall consider the recommendations and determinations made by the plat reviewers.
(2)
If the agent determines that the final plat complies with the requirements of this chapter and that all conditions of approval of the preliminary plat have been satisfied, the agent shall sign the final plat. If the agent determines that the final plat does not comply with all requirements of this chapter or that all conditions of approval of the preliminary plat have not been satisfied, the final plat shall be disapproved and the agent shall promptly inform the subdivider of the disapproval by issuing a notice of disapproval to the subdivider which complies with the notice requirements stated in section 29-80(a)(4).
(b)
Review by planning commission.
(1)
The commission shall review a final plat if: (i) the agent determines there is a substantial change from a preliminary plat previously approved by the commission; (ii) the commission elected to be the reviewing authority for the final plat, at the time of preliminary plat approval; (iii) the subdivider requests review by the commission; (iv) no preliminary plat was submitted as permitted by section 29-76(b), or (iv) the subdivider obtained approval of an exception or variation and, in the opinion of the agent, the final plat is not in substantial accord with the information and plans considered with the original request for a variation or exception.
(2)
The commission shall review the final plat for compliance with the requirements of this chapter in effect at the time of preliminary plat approval, except as authorized by Va. Code § 15.2-2261(C). The commission shall consider the agent's comments and recommendations. The commission also may consider any other evidence pertaining to the compliance of the final plat with the requirements of this chapter that it deems necessary for a proper review.
(3)
If the commission determines that the final plat complies with the requirements of this chapter, and if a preliminary plat was submitted and approved, that all conditions of approval of the preliminary plat have been satisfied, then the commission shall approve the final plat and direct the agent to sign it. If the commission determines that the final plat does not comply with all requirements of this chapter or that all conditions of approval of the preliminary plat have not been satisfied, it shall disapprove the final plat. If the commission disapproves the final plat, it shall direct the agent to issue a notice of disapproval to the subdivider that complies with the requirements stated in section 29-80(a)(4).
(4)
In reviewing and acting upon a final plat, the commission shall have all of the same power or authority expressly granted herein to the agent applicable to review and action upon such plat.
(4-21-08(1))
(a)
Plat details. All plats shall comply with the following requirements:
(1)
State standards. Every plat shall meet the standard for plats promulgated by the Virginia Library Board pursuant to Va. Code § 42.1-82 of the Virginia Public Records Act, as such standards are set forth within the Virginia Administrative Code. A copy of these standards shall be kept on file within the department of neighborhood development services. Document size shall be between eight and one-half (8.5) inches by eleven (11) inches and eighteen (18) inches by twenty-four (24) inches, or eight and one-half inches by fourteen (14) inches, the maximum size accepted by the Charlottesville Circuit Court Clerk's Office.
(2)
State professional standards. Every plat shall meet the minimum standards and procedures for land boundary surveying practice, including minimum field procedures and office procedures, as set forth within the Virginia Administrative Code. A copy of such standards and procedures shall be kept on file within the department of neighborhood development services.
(3)
Name of plat preparer. Every plat shall contain the name and signature of the person who prepared the plat, who must be either a certified professional engineer or land surveyor.
(4)
General information. Every plat shall contain the following information: the date of drawing, including the date of the last revision; the number of sheets; the north point; signature panels for the secretary and chair of the commission (if applicable) and the scale. If true north is used, the method of determination shall be shown.
(5)
Name of subdivision. Every plat shall contain the name or title under which the subdivision is proposed to be recorded in the city's land records. The title shall not duplicate or be a homonym of an existing or reserved subdivision name within the city or the county of Albemarle, except if the subdivision is an extension of an existing subdivision.
(6)
Instrument creating property proposed for subdivision. The engineer or land surveyor who prepared the plat shall endorse upon the plat a certificate signed by him setting forth the source of title of the owner of the land subdivided and the place of record of the last instrument in the chain of title. When the plat is of land acquired from more than one (1) source of title, the outlines of the several tracts shall be indicated upon the plat. The plat shall also identify the deed book and page number of any previously recorded subdivision plat applicable to the subject property, or any portion thereof.
(7)
Identification of all owners and certain interest holders; statement of consent. Each plat shall contain the names and addresses of each owner of record of any land that is the subject of the proposed plat, and of the holders of any easements affecting the land that is the subject of the plat. Every plat, or deed of dedication to which a plat is attached, shall contain a statement as follows: "The platting or dedication of the following described land [insert a correct description of the land subdivided] is with the free consent and in accordance with the desire of the undersigned owners, proprietors, and trustees, if any." The statement shall be signed and duly acknowledged before an officer authorized to take acknowledgment of deeds.
(8)
Vicinity map. Each plat shall contain a vicinity map showing the property and its relationship with adjoining land and streets, its relationship with landmarks in the area and, if the subdivision is a phased subdivision, all other phases of the subdivision for which a final plat has been approved, in detail adequate to describe the location of the property without field review.
(9)
Existing or platted streets. Each plat shall specifically identify the location, width, grades and drainage of all existing streets and the location and widths of previously-platted rights-of-way.
(10)
Alleys, shared driveways, and private streets. Each plat shall identify the location and dimensions of all easements for alleys, shared driveways and private streets. Easements shown for private streets, alleys and shared driveways shall be labeled as "private street easement," "alley easement" or "shared driveway easement," as may be applicable. Private streets are prohibited except pursuant to townhouse developments under City Code section 34-388(b).
(11)
Land to be dedicated in fee or reserved. Each plat shall identify the location, acreage, and current owner(s) of all land intended to be dedicated for public use, and the location, acreage and current owner(s) of all land to be reserved in a deed for the common use of lot owners in the subdivision. All land intended to be dedicated for public use shall be identified and set forth on the plat as required by article III of this chapter.
(12)
Public easements. Each plat shall identify the specific location and dimensions of all existing and proposed public easements and improvements situated outside of a public street right-of-way, including, without limitation, easements for water, sewer and gas lines and related improvements, sidewalk and other pedestrian easements; sight distance easements; and easements for drainage and stormwater management facilities. All previously recorded easements shall be labeled with the deed book and page number of the recorded instrument by which such easements were created. Proposed dedications of public easements shall be labeled as to the type of easement, and shall be identified and set forth on the plat as required by article III of this chapter.
(13)
Proposed private easements and facilities. Each plat shall identify the specific location and dimensions of existing and proposed non-public easements, including, without limitation: stormwater management facilities and related improvements; drainage easements; privately owned and maintained sidewalks; common or shared easements to public service corporations furnishing cable television, gas utilities, telephone and electric service to the proposed subdivision and to franchised cable television operators furnishing cable television services; and other private easements. Where easements are not parallel to lot lines, bearing and distance measurements are required. An existing easement shall be labeled with the deed book and page number of the recorded instrument by which such easement was created. Proposed easements shall be labeled as to the nature and type of easement. All final plats containing any proposed common or shared easements shall expressly reference a declaration of the terms and conditions of such easements recorded with the subdivision plat in the city's land records.
(14)
Existing and departing lot lines. Each plat proposing a subdivision of more than one (1) existing lot shall show existing lots and their outlines, which shall be indicated by dashed lines, and the location of departing lot lines of abutting lots.
(15)
Proposed lots. Each plat shall show the number, approximate dimensions, and area of each proposed lot.
(16)
Building sites on proposed lots. Each plat shall show the location, area and dimensions of a building site on each proposed lot, complying with the requirements of this chapter as well as the regulations of the zoning district in which such lot is situated. The plat shall also contain the preparer's certification that "Each parcel [letter or number] created by this subdivision plat contain a building site that complies with the requirements of the City of Charlottesville's Zoning, Water Protection and Subdivision Ordinances."
(17)
Floodplain and floodway limits. Each plat shall provide floodplain limits, elevations, and flood plain profiles and cross-sections, and shall provide the same information for the floodway.
(18)
Drainage district. When any part of the land proposed for subdivision lies within a drainage district such fact shall be set forth on the plat.
(19)
Places of burial. When any grave, object or structure marking a place of burial is located on the land proposed for subdivision, such grave, object or structure shall be identified on the plat.
(20)
Control points. At least four (4) control points, evenly distributed across the property and located at survey property corners, shall be shown on each sheet depicting the property. These points shall be sub-centimeter accurate and meet the definition of control point. One (1) of the four (4) points shall be a bench mark showing elevation and horizontal coordinates related to the city's GPS base station. The point shall be located in the field in concrete with a brass disk provided by the engineering department.
(21)
Public areas, facilities or uses. The location of all areas shown in the comprehensive plan as proposed sites for public areas, facilities or uses, as described in Va. Code § 15.2-2232, which are located wholly or in part within the boundaries of the property that is the subject of the proposed plat.
(22)
Zoning classification. The zoning classification of the property, including all applicable zoning overlay districts, proffers, special use permits and variances.
(23)
Tax map and parcel number; street address. The current city tax map and parcel number of the property, and the street address.
(24)
Stream buffers. The location of stream buffers required by the city's water protection ordinance, with the following note: "The stream buffer(s) shown hereon shall be maintained in accordance with Chapter 10 of the City Code, the City of Charlottesville's Water Protection Ordinance."
(25)
Boundary lines. The exterior boundary lines of the property shall be shown with bearings in degrees, minutes and seconds.
(26)
Monuments. The location and material of all permanent reference monuments shall be identified. Acceptable material for monuments is specified in the Standards and Design Manual. Monuments found or installed prior to plat recordation may be referred to if they are permanent and undisturbed. If any monument required by this chapter will be installed after recordation of the final plat, the certification of the professional engineer or land surveyor shall so note.
(27)
Bearing and distance ties. A definite bearing and distance tie between not less than two (2) permanent monuments on the exterior boundary of the property and further tie to existing street intersection or nearby benchmark, at the discretion of the agent.
(28)
Identification of sections, blocks and lots. Sections (phases) shall be identified by numbers; blocks shall be identified by letters; lots shall be identified by numbers, assigned in numerical or alphabetical order, as appropriate.
(29)
Acreage and square footage of lots. The total acreage and square footage of each existing lot and each proposed lot.
(30)
Ownership of common areas. The intended ownership of all common areas with reference to a declaration of the rights and responsibilities of such owner with respect to the common areas, to be recorded along with the final plat.
(31)
Street names. The name of each proposed street.
(32)
Temporary turnarounds. The location of temporary turnarounds, if needed, with the following accompanying note: "The area on this plat designated as a temporary turnaround will be constructed and used as other streets in the subdivision until (street name) is/are extended to (street name), at which time the land in the temporary turnaround area will be abandoned for street purposes and will revert to adjoining property owners in accordance with specific provisions in their respective deeds."
(33)
Statement pertaining to private alleys, driveways and streets. If alleys or shared driveways are shown, a note shall be added to the plat stating that maintenance shall be by the owners of the lots benefited by the alley or shared driveway, not by the city. If the townhouse subdivision will contain one or more private streets pursuant to City Code section 34-388(b), the following statement is required: "The streets in this subdivision are not accepted into the city's street system and will not be maintained by the City of Charlottesville." Grantors of any subdivision lots to which this statement applies must include the statement on each deed of conveyance.
(34)
Restrictions. Restrictions imposed in conjunction with the approval of the preliminary plat, and their period of existence, shall be noted on the plat, including, without limitation: sidewalk maintenance agreements; stormwater/BMP facilities maintenance agreements, affordable dwelling unit obligations arising under section 34-12(a) or 34-12(d)(1), etc. If the length of the wording necessary to describe a particular restriction makes its inclusion on the final plat impractical, and if the nature of the restriction does not necessitate the preparation of a separate instrument for recordation with the plat, then a summary reference shall be made to the restriction on the final plat.
(35)
Terms of public easements. All plats containing easements dedicated to the public shall expressly reference a declaration of the terms and conditions of such public easements to be recorded with the subdivision plat in the city's land records.
(36)
Topography. A topographic map derived from aerial topographic surveys or, where required by the director of public works, from actual field surveys, with a contour interval of five (5) feet referred to city data, showing the boundary lines of the tract to be subdivided.
(37)
Building setback lines. Building setback lines shall be referenced on the plat.
(38)
Critical slopes. Critical slopes as defined under City Code section 34-1120 shall be referenced on the plat.
(4-21-08(1); 11-18-13)
(a)
Preliminary plat requirements. The following documents and information shall be submitted along with each preliminary plat, or, if none, with each final plat:
(1)
Request for critical slopes waiver. If the need for a waiver is known at the time of submission, the subdivider shall submit a written request and justification for any requested waiver under section 34-1120 of the zoning ordinance, authorizing the disturbance of critical slopes. The applicant shall provide information, drawings and narrative details, addressing how the layout and location of proposed streets, utilities, stormwater management facilities, etc. will minimize the disturbance of critical slopes and natural drainage areas.
(2)
Stormwater management information. Topographic information submitted with a preliminary plat shall be in the form of a topographic survey, which shall identify areas of critical slopes, as defined in section 29-3, natural streams, natural drainage areas, and other topographic features of the site. The applicant shall provide a stormwater management concept detailing how the applicant will achieve adequate drainage post-development, including a description of the specific design concept the applicant plans to apply. References to specific types of stormwater management facilities, specific treatments, BMPs, LID techniques, etc. shall be provided. The stormwater management concept shall be prepared by a professional engineer or landscape architect, as those terms are defined in Code of Virginia § 54.1-400, and shall describe the manner in which stormwater runoff from the subdivision will be controlled in order to minimize the damage to neighboring properties and receiving streams, and prevent the discharge of pollutants into surface waters, in accordance with the requirements of City Code Chapter 10.
(3)
Mitigation plan. If applicable, a mitigation plan as provided in the water protection ordinance.
(b)
Final plat requirements. In addition to any information required by paragraph (a), above, the following documents or information shall be submitted with each final plat, unless included in the site plan previously approved or under review:
(1)
Infrastructure plans and computations in accordance with the Standards and Design Manual. Detailed plans, computations and necessary supporting documents for physical improvements including, but not limited to, traffic studies, street plans and cross sections, soil testing results, gas utilities, sewer and water plans and computations, landscape plans, parking calculations and other requirements of applicable zoning regulations, flooding computations and plans (if applicable), and any other plans, calculations and details deemed necessary by the city engineer in consultation with the director of public works, in order to determine compliance with the development standards set forth within Article IV of this chapter. section 29-36. Information, details, calculations, construction plans and other documents or data required by Chapter 10 for a final stormwater management plan and a final erosion and sediment control plan shall be included.
(2)
Construction plans, public facilities. Construction plans shall be submitted to and approved by the city engineer in consultation with the director of public works for all proposed streets, and for all water, gas, storm and sanitary sewer and other city-owned public utilities or facilities.
(3)
Construction plans, utility fixtures and systems. If the owner of any subdivision desires to construct in, on or under any public streets or alleys located in the subdivision, any gas, electric, cable or other non-city-owned utility works, pipes, wires, fixtures or systems, the owner shall present plans and specifications to the city engineer for approval in consultation with the director of public works.
(4)
Location of existing buildings. A survey showing the location of all existing buildings within fifty (50) feet of a proposed lot line or a proposed street.
(5)
Building envelope. A depiction of the building envelope for each lot, in accordance with the requirements of applicable zoning district regulations.
(6)
Interests to be vacated in city property. A plan which shows all rights and interests of the city that would be terminated and extinguished by recordation of the final plat, with reference to the deed book and page number at which the instrument(s) creating such interest(s) are recorded.
(7)
Instrument evidencing maintenance of certain improvements. If the subdivision will contain one (1) or more improvements or facilities serving more than one (1) lot within the subdivision, and that are not to be maintained by the city or any other governmental authority or other public agency, the subdivider shall submit with the final plat an instrument assuring the perpetual maintenance of the improvement or facilities, as such instrument will be recorded with the final plat. For each such improvement or facility, the plat shall contain the following notation: "No public agency, including the City of Charlottesville, Virginia, will be responsible for maintaining this improvement [or facility]."
(8)
Required bonds and surety.
(9)
Environmental disclosures. Subdividers shall disclose and remediate contamination and other adverse environmental conditions of the property prior to final plat approval. Along with a final subdivision plat, the subdivider shall submit a Phase I environmental site assessment based on the anticipated use of the property proposed for the subdivision or development, and if the agent deems it to be reasonably necessary, based on findings in the Phase I assessment, and in accordance with EPA regulations and American Society for Testing and Materials (ASTM) standards, the subdivider shall submit a Phase II environmental site assessment. Required assessments shall meet generally accepted national standards, such as those established by ASTM. The subdivider shall also submit a written plan for remediation of any contamination or conditions noted in the required assessments, and confirmation that such plan has been submitted to state or federal authorities for review and approval. The agent, in its sole discretion, may waive this requirement for minor subdivisions, but this waiver does not exempt the subdivider from any applicable state and federal law requirements.
(10)
Instruments evidencing affordable housing requirements. If the subdivision includes land that is subject to an affordable housing obligation arising under section 34-12(a) or 34-12(d)(1), the subdivider shall submit with the final plat the instrument(s) assuring the reservation of land for such obligation, in such format as may be required by the regulations enacted pursuant to section 34-12(g).
(c)
Subject to the provisions of section 29-36, the agent may grant variations or exceptions to particular submission requirements articulated within this section, or within section 29-110, for a boundary line adjustment or minor subdivision; provided, however, that the agent may not grant variations or exceptions to (i) any requirements of Chapter 10, or any requirements or standards set forth within this chapter relating to drainage or flood control, or (ii) any requirements applicable to the layout, design and construction of public streets or other public facilities.
(4-21-08(1); 11-18-13; 5-19-14, § 1, eff. 7-1-14)
All subdivision plats and supporting materials shall be in accordance with the following, as applicable:
(1)
The provisions of the Code of Virginia, title 15.2, chapter 22, article 6 (Va. Code §§ 15.2-2240—15.2-2279).
(2)
Chapter 10 of the Code of the City of Charlottesville (Water Protection).
(3)
Chapter 12 of the Code of the City of Charlottesville, Article III (Fire Prevention Code)
(4)
Chapter 31 of the Code of the City of Charlottesville (Utilities).
(5)
Chapter 34 of the Code of the City of Charlottesville (Zoning ordinance).
(6)
The City of Charlottesville's Standards and Design Manual.
(7)
Other applicable laws, ordinances, policies and requirements, including, without limitation, the other standards set forth within this article.
(4-21-08(1))
The agent and the city engineer developed and city council approved design requirements for new street and alley construction, stormwater management, erosion and sediment control, gas utilities, traffic and transportation, bridges, retaining walls and other related structures, and potable water and sanitary sewer systems and related facilities. The design requirements are developed in consultation with the city's department of public works, the city's fire official, the city's building official, and other city departments or personnel who have any responsibilities or authority with respect to the types of improvements that are the subject of the Standards and Design Manual. To the extent that there is a conflict between the Standards and Design Manual and any other ordinance or law, the ordinance or law shall take precedence.
(4-21-08(1))
(a)
All boundaries, both exterior and interior, of the original survey for the subdivision shall have monuments in accordance with the Standards and Design Manual.
(b)
No monuments other than those required by paragraph (a) shall be required to be set before recordation of the final plat or the conveyance of land by reference to plat if the professional engineer or land surveyor includes in his certification on the plat that any additional monuments required by this chapter shall be set on or before a specified later date.
(c)
The setting of any monument at any time after recordation of the final plat shall be established both at law and in equity, at prorated positions as determined from direct re-measurements between the established monuments of record rather than as precisely stated or shown on the recorded plat.
(d)
The subdivider shall be responsible for resetting any monument on the property that is damaged, disturbed or destroyed during construction of any improvements required by this chapter.
(4-21-08(1))
(a)
Each lot within a subdivision shall satisfy applicable lot size, buildable area and other requirements of the city's zoning ordinance, and of this chapter, and shall have frontage either:
(1)
On a street dedicated to the public which, once constructed and improved by the subdivider will qualify for acceptance into the city's street system, or
(2)
On a private street in a townhouse development, pursuant to City Code section 34-388(b).
(b)
The foregoing requirements of this section do not apply if:
(1)
The lot is to be conveyed to the city for open space, recreation or conservation purposes only, and the plat contains a notation that no building permit shall be issued for the lot unless it is combined with another parcel so that it gains frontage and satisfies minimum lot requirements and the building permit is consistent with open space, recreational or conservation uses, or
(2)
The lot is part of an approved planned unit development or cluster development, is created for open space, recreational or conservation purposes only, is accessible by a public access easement, and the plat contains a notation that no building permits shall be issued for the lot unless the permit is consistent with open space, recreational or conservation uses and it is combined with another parcel so that it gains frontage.
(c)
No lot shall contain peculiarly shaped elongations designed solely to provide the required square footage of area or frontage on a street.
(d)
Remnants shall not be created by the subdivision of land. All pre-existing remnants shall be eliminated when land subdivided or re-subdivided.
(e)
Side lot lines of each lot shall be approximately at right angles or radial to the street line, except turnaround terminal points. The agent or commission may vary or grant exceptions to this requirement, pursuant to section 29-36 above.
(f)
Minimum street frontage. All lots containing any residential dwelling unit shall have a minimum frontage of fifty (50) feet at the street right-of-way, except:
(1)
Lots fronting on the turnaround portion of a cul-de-sac shall have a minimum of twenty (20) feet of frontage, and an average width of at least fifty (50) feet;
(2)
Lots containing single-family attached dwelling units shall have a minimum frontage of twenty (20) feet;
(3)
Lots containing a townhouse shall have a minimum frontage of sixteen (16) feet; and
(4)
Corner lots shall have such additional frontage as is required by the agent or commission to accommodate the side yard requirements set forth within the applicable zoning district regulations.
(g)
Sanitary sewer and water supply.
(1)
All buildings constructed on lots resulting from subdivision of a larger tract that abuts or adjoins a public water or sewer system or main shall be connected to that public water or sewer system or main subject to the provisions of Va. Code § 15.2-2121 and this chapter.
(2)
Lots served by public sanitary sewers and public water supply shall have an area no less than the minimum lot size contained in applicable zoning district regulations.
(3)
If subsection (1) above does not apply, then the subdivision shall be served by individual private wells and septic systems having conventional drainfields and shall meet all requirements of the health department and applicable health official, and any applicable zoning regulations. The subdivider shall submit to the agent or commission satisfactory proof that such lots meet the requirements of the health department, as determined by tests or inspections of soil conditions conducted by an officer of the health department.
(4-21-08(1); 5-19-14, § 1, eff. 7-1-14)
Sufficient areas shall be set aside on each lot for the planting of streetscape trees along the frontage of all existing or proposed public streets, in accordance with City Code section 34-870, as that section may be amended from time to time. Trees shall be planted according to the standards outlined in the master tree list, referenced in the zoning ordinance.
(4-21-08(1))
(a)
Each block within a subdivision shall be wide enough to allow two (2) tiers of lots of the minimum depth allowed by applicable zoning ordinance regulations, fronting on all streets. The agent or commission may vary or grant exceptions to this requirement, pursuant to section 29-36 above.
(b)
Where any block adjoins an arterial street, the greatest dimension of the block should be parallel to such street. Such block shall not be more than one thousand (1,000) feet in length; however, the agent or commission may vary or grant exceptions to this requirement, pursuant to section 29-36 above.
(c)
No residential block shall be longer than one thousand (1,000) feet.
[DIAGRAM]
(4-21-08(1))
(a)
Private streets. Private streets are prohibited except pursuant to townhouse developments under City Code section 34-388(b).
(4-21-08(1))
(a)
Coordination. All streets within and contiguous to a subdivision shall be coordinated with other existing or planned streets, and such streets shall also be coordinated with existing or planned streets in existing or future adjacent or contiguous to adjacent subdivisions, as to location, widths, grades and drainage.
(1)
Street names. Where a street is planned as a continuation of an existing street, it shall bear the same name as the existing street. Street names must be approved by the agent. New street names shall be different from existing street names within the city or in Albemarle County, but an exception may be made for culs-de-sac which have the same name as the road from which they originate (example: "Rugby Circle" which originates from "Rugby Road").
(2)
Street signs. The subdivider shall purchase and install, in accordance with the Federal Highway Administration Manual of Uniform Traffic Control Devices, all applicable street signs.
(b)
Extension. All streets within a subdivision shall be extended and constructed to the abutting property lines, except in the case of culs-de-sac, to provide vehicular, bike and pedestrian interconnections to future development on adjoining lands in accordance with the Standards and Design Manual. The arrangement of the streets shall provide adequate access to adjoining lands within the subdivision where necessary to provide for the orderly development of the city, including, but not limited to, reserving temporary construction easements of sufficient area to accommodate the future completion of the street when the adjoining lands are developed.
(c)
Exceptions. The agent or commission may vary or grant exceptions to the requirements of subsection (a).
(1)
The agent or commission reviewing a proposed variance or exception shall consider, in addition to the matters set forth in section 29-36: (i) the engineering requirements for coordination and connection; (ii) whether the need for coordination and connection outweighs the impacts on environmental resources such as streams, stream buffers, steep slopes, and floodplain; (iii) whether there is an alternative street connection from another location in the subdivision that is preferable because of design, traffic flow, or the promotion of the goals of the comprehensive plan, including the applicable neighborhood plan.
(2)
If the agent or commission grants a variance or exception: (i) the street shall be constructed past the point at which the primary structures on the lots abutting the street would rely on the finished grade for landscaping and other improvements, but in no case less than thirty (30) feet beyond the curb line or ditch line on those lots; (ii) the subdivider shall dedicate the required right-of-way to the abutting property line, along with all easements required to allow the street connection to be constructed in the future; (iii) the required easements shall prohibit any improvements being established therein; (iv) the subdivider shall provide a surety guarantee or an escrow of funds for its share of the cost to complete the extension if determined by the agent to be necessary; the type of surety guarantee or the escrow shall be acceptable to the city engineer and be approved by the city attorney; and (v) the agent may require that the subdivider install and maintain a sign at the end of the constructed portion of the street stating that the street is a future through street, and that the sign shall be maintained until the city grants final approval of an extension of the street to the abutting property.
(4-21-08(1))
The following standards shall apply to all streets and alleys within a subdivision:
(a)
Layout. Each street shall be configured, to the extent practicable, to conform to the natural topography, to minimize the disturbance of critical slopes and natural drainage areas, and to provide vehicular, bicycle and pedestrian interconnections within the subdivision and existing or future development on adjoining lands. Streets that do not align with existing streets shall have an offset of no less than one hundred fifty (150) feet between centerlines, unless otherwise approved by the traffic engineer.
(b)
Intersections. No more than two (2) streets shall intersect at any one (1) point; however, the traffic engineer may vary or grant exceptions to this requirement pursuant to section 29-36 above. Intersections shall be laid out so as to intersect as nearly as possible at right angles.
(c)
Grades. The maximum allowable street grade shall be eight (8) percent. The traffic engineer may vary or grant exceptions to this requirement, pursuant to section 29-36 above, to no more than ten (10) percent.
(d)
Surface. Any newly constructed street shall be surfaced to the width specified in the Standards and Design Manual, measured from the face of the curb line or edge of pavement. The subdivider is required to complete the construction any new street, including installing the final surface.
(e)
Temporary turnarounds. Streets that terminate temporarily, and that are located more than three hundred (300) feet in length from an intersection, or are proposed to serve more than four (4) dwelling units, shall be provided with a temporary turnaround. The temporary turnaround shall be extended to the abutting property line; however the agent or commission may vary or grant an exception to this requirement pursuant to section 29-36 above. The temporary turnaround shall exist until the street extension is accepted into the city's street system.
(f)
Alleys. Alleys with a width of not less than twelve (12) feet may be provided in the rear or side of any commercial, industrial, or residential lots; however, no dead-end alleys shall be permitted. However, when the alley is the principal means of emergency access or access for service vehicles, they shall be no less than twenty (20) feet in width.
(g)
Reserved strips. Reserved strips restricting access from adjoining lands to an existing or future street or alley shall not be permitted; provided that nothing herein shall prohibit areas for plantings and landscaping where adequate access to the adjoining lands is otherwise available.
(h)
Access. The principal means of access to a subdivision shall be either a public street or, for townhouse developments pursuant to City Code section 34-388(b), a private street is permissible.
(1)
If a subdivision fronts on a dedicated, but unaccepted right-of-way, then the subdivider shall construct and improve such street in accordance with the requirements specified within this division.
(2)
Throughout the length of a street, including any distance between the boundary of the subdivision and any existing street, the principal means of access shall conform to standards articulated in the Standards and Design Manual.
(i)
Drainage. All drainage improvements shall be in accordance with the Standards and Design Manual.
(j)
Related improvements.
(1)
Streets shall be constructed in accordance with the Standards and Design Manual with public facilities and infrastructure within the dedicated right-of-way where required.
(2)
Sidewalks shall be constructed to approved city standards on both sides of every new street, and the dedicated right-of-way for a public street shall be sufficient to permit installation of the sidewalk within the right-of-way on both sides of such street.
(3)
Where land being subdivided or developed fronts on an existing street, and adjacent property on either side has an existing sidewalk, the subdivider shall construct a sidewalk, and shall dedicate land to the public for such sidewalk, to connect to the existing sidewalk. On a residential lot or a lot containing at least one (1) residential unit, the subdivider or developer thereof may, in the alternative, choose to contribute to a sidewalk fund, maintained and administered by the city, an amount equivalent to the cost of the dedication of land for and the construction of a sidewalk on the property.
(4)
Each sidewalk proposed to be accepted for maintenance by the city shall be marked on a plat as being "dedicated to the city for public use," and where practicable shall be located within the dedicated right-of-way for a public street. Each sidewalk proposed to be privately maintained shall be conveyed to a homeowners association or other private individual or entity, for ownership and perpetual maintenance, and shall be located outside the dedicated right-of-way for a public street. The agent or commission may require that a sidewalk proposed by the subdivider be privately maintained instead of being dedicated to the public, if the agent or commission determines there is not a need for the sidewalks to be publicly owned and maintained.
(5)
The agent or commission may vary or approve exceptions to the sidewalk requirements or other design standards that are the subject of this subparagraph. A request for a variance or exception may be made prior to or with submittal of a preliminary plat. If such a request is made, it shall include: a written statement of the justification for the request. In reviewing a request, the agent or commission shall consider, in addition to the factors set forth within section 29-36, and as may be applicable to the particular request: (i) whether a surface other than concrete is more appropriate for the subdivision because of the character of the proposed subdivision and the surrounding neighborhood; (ii) whether sidewalks on only one (1) side of the street may be appropriate due to environmental constraints such as streams, stream buffers, critical slopes, floodplain, tree cover, or wetlands, or because lots are provided on only one (1) side of the street; (iii) whether the sidewalks reasonably can connect into an existing or future pedestrian system in the area; (iv) whether the length of the street is so short and the density of the development is so low that it is unlikely that the sidewalk would be used to an extent that it would provide a public benefit; (v) whether an alternate pedestrian system including an alternative pavement could provide more appropriate access throughout the subdivision and to adjoining lands, based on a proposed alternative profile submitted by the subdivider; (vi) whether the sidewalks would be publicly or privately maintained; (vii) whether the waiver promotes the goals of the comprehensive plan, including the applicable neighborhood plan; and (viii) whether waiving the requirement would enable a different principle of the neighborhood plan to be more fully achieved.
(4-21-08(1); 5-20-13(3), §§ 1, 2, eff. 7-1-13)
(a)
Prior to approval of a preliminary plat, the agent or commission shall consider whether existing public streets that will serve the subdivision are adequate to accommodate the increase in traffic that may be reasonably expected to result from the development of the subdivision. If the agent or commission determines that the existing streets and/or sidewalks will be inadequate, as detailed in the Standards and Design Manual, it may require that the streets be improved so as to accommodate traffic resulting from the development of the subdivision.
(1)
For purposes of this section, the term "street that will serve the subdivision" shall mean a public street that will provide immediate vehicular access to any lot of the subdivision.
(2)
For purposes of this section, the term "improved to accommodate traffic" shall mean, for any street that will serve the subdivision, improvements on that part of a public street that abuts either the subdivision or that provides access to the subdivision, if the need for the improvements are substantially generated by the development of the subdivision.
(b)
Contributions for off-site street improvements are governed by section 29-230(2).
(4-21-08(1))
(a)
A subdivision within the city served by public water and/or sewerage shall comply with the following requirements:
(1)
Public water and/or sewerage service shall be provided to each lot within the subdivision, consistent with the requirements of Chapter 31 of the City Code and the standards and design manual. Such systems shall be constructed by the subdivider to the point(s) at which they will join public service lines at a property line; however, the agent may grant exceptions to this requirement pursuant to section 29-36 above. In reviewing a waiver request, the agent shall consider the matters set forth within section 29-36 and shall (i) obtain the opinion of the city engineer as to the merits of the waiver request; and (ii) determine whether construction to the boundary lines would unnecessarily disturb significant environmental resources.
(2)
Water and sewer lines, and extensions of water and sewer mains, shall be installed in accordance with the requirements of City Code sections 31-114 and 34-115, and with the standards and design manual and requirements of Chapter 31 of the City Code.
(b)
Public water and sanitary sewer mains shall be located within dedicated public street right-of-way, unless topography renders that impractical. When any such mains must be located on private property, public easements shall be dedicated to allow for the placement of the mains and related facilities, and perpetual access thereto by the city and its authorized agents. Unless otherwise determined to be necessary by the director of public works, such easements shall be no less than twenty (20) feet in width.
(4-21-08(1))
Installation of gas mains shall be governed by the applicable provisions of Chapter 31 of the City Code and the Standards and Design Manual. Where any city-owned gas main or related facilities must be located on private property, a public easement shall be dedicated to allow for the placement of the mains and related facilities and perpetual access thereto by the city and its authorized agents.
(4-21-08(1))
(a)
Every development shall be designed so that construction of buildings, structures, public facilities and other site-related improvements will minimize disturbance of natural drainage areas and critical slopes. Structures necessary to ensure stability of critical slopes shall be provided.
(b)
Every development will be designed to achieve state and local requirements for post-development stormwater management, including measures addressing both the quantity and quality of stormwater, as set forth within Chapter 10 of the City Code and the Standards and Design Manual.
(4-21-08(1); 5-19-14, § 1, eff. 7-1-14)
No final plat shall be approved by the agent without verification from the city's fire code official that adequate capability exists to provide adequate fire protection to serve the subdivision, including required fire flows. Fire hydrants and distribution systems shall be installed and constructed by the subdivider in accordance with applicable requirements of the USBC and the USFPC; additionally, hydrant locations and fire flow requirements shall be as prescribed by Insurance Service Offices (ISO) standards, subject to approval by the fire department.
(4-21-08(1))
All utilities, including but not limited to wires, cables, pipes, conduits and appurtenant equipment for electricity, gas, water, sewer, telephone or similar service, shall be located within a subdivision as follows:
(1)
Each utility shall be located, to the extent practicable, in a manner that conforms to the natural topography, minimizes the disturbance of critical slopes and natural drainage areas, and allows vehicular and pedestrian interconnections within the subdivision and existing or future development on adjoining lands.
(2)
All new utilities shall be located underground except the following, which may be located above-ground: (i) equipment, including electric distribution transformers, switch gear, meter pedestals, telephone pedestals, outdoor lighting poles or standards, radio antennae and associated equipment, which is, under accepted utility practices, normally installed aboveground; (ii) meters, service connections, and similar equipment normally attached to the outside wall of a utility customer's premises; and (iii) satellite dishes. The agent or commission may grant variances or exceptions to the undergrounding requirements of this paragraph pursuant to section 29-36 above. In addition to the factors set forth within section 29-36 the agent or commission in reviewing any such request shall consider whether the requirement would unreasonably impact the existing above-ground utility network to an extent that extensive off-site improvements would be necessary.
(3)
No utility easements or facilities, other than those of city-owned and operated utilities, shall be located within the right-of-way for any public street, except upon the approval by city council of a franchise ordinance, or the city manager acting as its agent, in accordance with Va. Code § 15.2-2100 et seq. If the owner of any subdivision desires to construct in, on, under, or adjacent to any public streets located in the subdivision any gas, water, sewer or electric light or power works, pipes, wires, fixtures or systems, they shall present plans or specifications to the city engineer for approval. The city council, or the city manager acting as its agent, shall have forty-five (45) days in which to approve or disapprove the plans. In the event of the failure of city council, or the city manager acting as its agent, to act within such period, the plans and specifications may be submitted, after ten (10) days' notice to the agent, to the city's circuit court for its approval or disapproval.
(4)
Installation of utilities in or adjacent to the right-of-way shall be performed in a manner that will not preclude the installation of street trees or required landscaping.
(5)
Where appropriate, a subdivider shall convey common or shared easements to: (i) franchised cable television operators furnishing cable television, and (ii) public service corporations furnishing cable television, gas, telephone and electric service to the proposed subdivision. Such easements (the location of which shall be adequate for use by public service corporations and franchised cable television operators which may be expected to occupy them) shall be conveyed by reference on the final plat to a declaration of the terms and conditions of such common or shared easements recorded in the city's land records. All such easements shall be located outside of the public street right-of-way, except as otherwise specifically approved by city council in accordance with Va. Code § 15.2-2100 et seq.
(4-21-08(1))
Each plat may be approved on the condition that the subdivider contributes a pro rata share of the cost of the following off-site improvements:
(1)
Each subdivider shall pay to the city his pro rata share of the cost of providing reasonable and necessary sewer, water and drainage improvements not located on the property, if such improvements are necessitated or required, at least in part, by the construction or improvement of the subdivision, provided that: (i) no payment shall be required until the city establishes a general sewer, water and drainage improvement program for an area having related and common sewer, water and drainage conditions and within which the property is located or the city council has committed itself by ordinance to the establishment of such a program; and (ii) the program complies with the requirements of Va. Code § 15.2-2243.
(2)
Each subdivider may voluntarily contribute, and the city council may accept, funds for reasonable and necessary off-site street improvements, the need for which is substantially generated and reasonably required by the construction or improvement of the subdivision. The determination of whether the need for an improvement is substantially generated and reasonably required by the subdivision shall be made by city council. In determining whether the need for an improvement is substantially generated by the subdivision, the city council shall consider whether: (i) the impact of the subdivision would create a threat to the public health, safety or welfare if not addressed by the improvement; (ii) the street improvement is identified in the city's capital improvement program; (iii) the street improvement is identified in the comprehensive plan as a needed or desired improvement; and (iv) the need generated is more than an incremental effect that would otherwise result, as determined by annual population growth, vehicular traffic or other relevant criteria.
(4-21-08(1))
(a)
The agent or commission shall require a subdivider to dedicate to the city for public use every easement and right-of-way located within the subdivision or section thereof, which has constructed or proposed to be constructed therein any public street, curb, gutter, sidewalk, bicycle trail, drainage or sewerage system, waterline as part of a public system, or other improvement dedicated for public use and to be maintained by the city or another public agency, as follows:
(1)
The city council shall not be required to compensate the subdivider for any such dedicated land or improvements.
(2)
The land and improvements to be dedicated shall be set apart on the final plat and shall be identified by a note on the plat stating that the land is dedicated for public use.
(3)
When a subdivision abuts one (1) side of an existing or platted street, the subdivider shall dedicate at least one-half (½) of the right-of-way necessary to make the street comply with the minimum width required for the street as designated in the Standards and Design Manual.
(b)
The agent or commission shall require each subdivider to dedicate to the city for public use all water and sewerage facilities designed, constructed and approved to be dedicated as public water and sewerage systems, and shall require each subdivider to establish an easement on the land appurtenant to such facilities, extending to any abutting property owned by the subdivider, if the facilities are required by this chapter, as follows:
(1)
The city council shall not be required to compensate the subdivider for the dedicated facilities or the establishment of any easement.
(2)
The facilities to be dedicated and any easement to be established shall be specifically identified and set apart on the final plat and shall be identified by a note on the plat stating that the facilities are dedicated to, and the easement is established for, the City of Charlottesville.
(3)
All final plats containing proposed public easements shall expressly reference a declaration of the terms and conditions of such public easements recorded with the subdivision plat in the city's land records.
(c)
The agent or commission shall require each subdivider to establish easements for facilities for stormwater management and drainage control, as follows:
(1)
An easement for all stormwater management facilities and drainage control improvements located on the property shall be established whenever the improvement is designed and/or constructed beyond a street right-of-way or access easement and shall extend from all drainage outfalls to an adequate channel that satisfies minimum standards established by the Virginia Department of Environmental Quality or the State Water Control Board, to the boundary of the property.
(2)
An easement shall be established along every natural stream, natural drainage area to be preserved, and every manmade waterway located on the property.
(3)
The area of each required easement shall be sufficient, as determined by the city engineer, to: (i) accommodate the facilities and the drainage characteristics from each drainage outfall from a drainage control, (ii) allow access to a natural stream or manmade waterway to allow widening, deepening, relocating, improving, or protecting the natural stream or manmade waterway for drainage purposes, and (iii) to meet applicable standards and requirements set forth within Chapter 10 and the Design and Standards Manual.
(4)
Each required easement shall include a right of ingress and egress for installation, maintenance, operation, repair and reconstruction of any improvement within the easement. The agent or commission may require that an easement be provided through abutting land under the same ownership as the property.
(5)
The city council shall not be required to compensate the subdivider for any easement or any improvements thereon.
(6)
All final plats containing proposed public easements shall expressly reference a declaration of the terms and conditions of such public easements recorded with the subdivision plat in the city's land records.
(7)
No easement shall be considered part of any required street width.
(4-21-08(1); 5-19-14, § 1, eff. 7-1-14)
A subdivider may dedicate to the city any land within the subdivision that is suitable for parks, open space, stormwater management facilities and other public facilities, utilities and other public or semipublic uses, as follows:
(1)
The city council shall not be required to compensate the subdivider for the land dedicated if the dedication is a gift, required by a proffer as part of a conditional rezoning, required as a condition of a special use permit, variance or other approval, or if the need for the land is substantially generated by the subdivision. The determination of whether the need for land is substantially generated by the subdivision shall be made in the manner prescribed by section 29-230(2).
(2)
Land dedicated under this section shall be set apart on the final plat and shall be identified by a note on the plat stating that the land is dedicated for public use. The proposed dedication shall be subject to review as to consistency with the City's Comprehensive Plan, as required by Code of Virginia § 15.2-2232.
(3)
A subdivider's proposed dedication of a stormwater management facility shall be reviewed and governed by the provisions of City Code section 10-56. No such dedication shall be accepted unless and until the city receives a financial guarantee, in the form of a bond or like surety, in an amount sufficient for and conditioned upon the construction of such stormwater management facilities in accordance with the standards and requirements set forth within Chapter 10 and the Design and Standards Manual.
(4-21-08(1); 5-19-14, § 1, eff. 7-1-14)
A subdivider may reserve for future dedication to the city a part of the property suitable for parks, schools, open space and other public facilities, utilities and other public or semipublic uses, as follows:
(1)
The city council shall not be required to compensate the subdivider for the reservation of land if the dedication is a gift, required by a proffer as part of a conditional rezoning, required as a condition of a special use permit, variance, or other approval, or if the need for the land is substantially generated by the subdivision. The determination of whether the need for the land is substantially generated by the subdivision shall be made in the manner prescribed by section 29-230(2).
(2)
Land reserved under this section shall be set apart on the final plat and shall be identified by a note on the plat stating that the land is reserved for future dedication for public use.
(3)
The subdivider may petition the city council to release a reservation if the land is not used for a public purpose, using the procedure set forth within section 29-38 for vacation of a plat.
(4)
Nothing in this section precludes land being reserved for a public use which is not included in the comprehensive plan, provided the land is acceptable to the city for reservation.
(4-21-08(1))
The recording of a final plat shall transfer dedicated land and improvements and shall establish certain easements, as follows:
(1)
Recordation shall operate to transfer, in fee simple, to the city that portion of the land set apart on the plat and dedicated for public use.
(2)
Recordation shall operate to transfer to the city any easement set apart on the plat and dedicated to public use to create a public right of passage over the property.
(3)
Recordation shall operate to transfer to the city, in fee simple, the water and sewer facilities, and related easements, set apart on the plat and dedicated for public use.
(4)
Recordation shall operate to terminate and extinguish all rights-of-way, easements or other interests of the city in the property not shown on the plat, except that an interest acquired by the city by eminent domain, by purchase for valuable consideration and evidenced by a separate instrument of record, or streets, alleys or easements for public passage subject to the provisions of Va. Code §§ 15.2-2271 or 2272.
(5)
Recordation shall not constitute acceptance of any improvement by the city. Acceptance shall occur pursuant to Article VI, section 29-260, subsection (e) below.
(4-21-08(1))
(a)
A developer shall either (i) complete all site-related improvements required by this chapter prior to issuance of the first certificate of occupancy for any building within a development, or (ii) execute a written agreement with the city to complete the construction of all such site-related improvements within a period of time set forth within such agreement, relative to a specified plan for phasing of the proposed development. In either case: prior to issuance of any building permit, and prior to issuance of any permit authorizing any land disturbing activity within the development, the developer shall provide a financial performance guarantee for completion of the site-related improvements, as set forth within paragraph (c), below. For the purposes of this section, the term "site-related improvements" means the following facilities: every public street, curb, gutter sidewalk, bicycle trail, drainage or sewerage system, waterline as part of a public system, or other improvement dedicated for public use and proposed to be maintained by the city or another public agency; and other improvements required by this chapter, and to be financed in whole or in part by private funds, for: vehicular ingress and egress, including traffic signalization and control, for public access streets, for structures necessary to ensure stability of critical slopes, and for stormwater management facilities.
(b)
Upon completion of required site-related improvements, a developer shall submit to the agent a certificate of completion prepared by a professional engineer or a land surveyor, and the developer shall also submit his or her own certification to the agent that all of the construction costs for the improvements, including those for materials and labor, have been paid to the person(s) constructing the improvements.
(c)
Every final plat approval shall be conditioned upon compliance with all of the requirements of this section. Prior to such final approval, and prior to the agent's signature of the final plat, the agent shall obtain the subdivider's written acknowledgement of the obligation and applicable time period for completing construction of the site-related improvements. The obligation to complete construction of all site-related improvements in accordance with city requirements, standards and specifications, and within the applicable time period, shall be backed by an adequate performance guarantee, established as follows:
(1)
A developer shall furnish to the agent a financial guarantee, which shall be one (1) of the following: (i) a certified check or cash escrow; (ii) a personal, corporate or property bond, with surety satisfactory to the city; (iii) a contract for the construction of such facilities and the construction contractor's bond, with like surety; or (iii) a bank or savings institution's letter of credit on certain designated funds satisfactory to the city as to the bank or savings institution, the amount and the form. Each financial guarantee shall be in an amount equal to the estimated cost of construction of the site-related facilities, based on unit prices for new public or private sector construction within the city, plus a reasonable allowance for estimated administrative costs, inflation, and potential damage to existing roads or utilities, which shall not exceed 25% percent of the estimated construction costs. Every financial guarantee shall be conditioned upon completion of construction of the site-related improvements in accordance with city ordinances, regulations and standards, within the time period applicable under paragraph (a) of this section.
(2)
If a subdivider records a final plat which may be a section of a subdivision as shown on an approved preliminary plat, and furnishes to the governing body at the same time a certified check, cash escrow, bond, or letter of credit, in such amount and conditioned as specified within paragraph (c)(1), above, to ensure completion of construction of site-related facilities be dedicated for public use within that section, then the subdivider shall have the right to record the remaining sections shown on the preliminary subdivision plat for a period of five (5) years from the recordation date of the first section, or for such longer period as the agent may, at the time of approval of the plat for the first section, determine to be reasonable, taking into consideration the size and phasing of the proposed development, subject to the terms and conditions of this subsection and subject further to engineering and construction standards and zoning requirements in effect at the time that each remaining section is recorded. The amount of the financial guarantee for site-related improvements in each subsequent section shall be established, and such financial guarantee shall be provided by the developer to the agent, prior to issuance of any building permit or any other permit authorizing land disturbing activity within that section.
(d)
The city shall provide periodic partial release, and final complete release, of any bond, escrow, letter of credit, or other performance guarantee required by the city under this article, within thirty (30) days after receipt of written notice by the subdivider of completion of part or all of any public facilities required to be constructed hereunder, unless the director of neighborhood development services notifies the subdivider in writing, prior to the expiration of the thirty-day period, of any grounds preventing the city's approval or acceptance of the facilities and of any specified defects or deficiencies in construction and suggested corrective measures.
(1)
Requests for partial or final release(s) of performance guarantees shall be in writing and accompanied by as-built drawings, certified by a professional engineer licensed by the Commonwealth of Virginia, certifying that construction of the improvements and facilities that are the subject(s) of such performance guarantees is in substantial conformity with the approved final subdivision plat and applicable city standards. An engineer's certification pertaining to construction of street improvements shall also certify that on-site typical pavement sections are consistent with the approved design specifications and that standard pavement construction practices were followed.
(2)
Requests for partial or final release(s) of performance guarantees shall be processed by the city in accordance with the requirements of Va. Code § 15.2-2245.
(3)
If the agent fails to take written action within the thirty-day period on a request for partial release, the request shall be deemed approved and a partial release shall be granted. No final release shall be granted until after expiration of the thirty-day period and an additional request in writing is sent by certified mail return receipt to the city manager. The agent shall act within ten (10) working days of receipt by the city manager of any such request; if the agent fails to act, then the request shall be deemed approved and final release shall be granted to the subdivider.
(e)
For the purposes of this chapter, a public improvement shall be deemed to be accepted when it is formally accepted by city council and taken over for operation and maintenance by the city, as evidenced by a resolution of city council. Nothing in this chapter, including the approval of a final plat, shall obligate the city to accept and take over for operation and maintenance any improvements completed by a subdivider as required by this chapter. Acceptance or approval of an improvement shall be made only if the improvement satisfies all applicable statutes, regulations, ordinances, guidelines, design and construction standards for acceptance or approval of the improvement, upon completion of inspections by the city.
(f)
All site-related improvements required by this chapter shall be completed at the expense of the subdivider, except where the subdivider and the city enter into a cost-sharing or reimbursement agreement prior to final plat approval. The city shall not be obligated to maintain, repair, replace or reconstruct any improvement required by this chapter. Nothing in this chapter obligates the city to pay any costs arising from any improvement, unless the city has a recorded ownership interest in the improvement, evident from an inspection of the city's land records, or has otherwise agreed in writing to maintain, repair, replace or reconstruct the improvement.
(4-21-08(1); 5-19-14, § 1, eff. 7-1-14)
(a)
Submittal of a preliminary or final plat by a subdivider shall constitute consent by the subdivider to all officers and employees of the city, and any state department or agency, to enter upon the property at all reasonable times for the purpose of making periodic inspections related to the review of the preliminary and final plat for compliance with this chapter and applicable state laws and regulations.
(b)
The subdivider shall provide at least five (5) days' prior notice to the city engineer when each stage of construction and improvement of the subdivision is ready for inspection.
(c)
Any inspection of public improvements shall be conducted solely to determine compliance with the requirements and specifications provided by law and the approved plat.
(4-21-08(1))
This chapter shall be known, and may be referred to and cited as the City of Charlottesville's "Subdivision Ordinance."
(4-21-08(1))
The purposes of this chapter are to:
(1)
Improve the public health, safety, convenience and welfare of the citizens of the city, by assuring the orderly division of land and its development;
(2)
Implement the comprehensive plan and the policies stated in section 34-3 of the zoning ordinance through the standards and procedures established herein;
(3)
Assure that the development of the city is consonant with efficient and economical use of public funds;
(4)
Assure that improvements required by this chapter will be designed, constructed and maintained so as not to become an undue burden on the community; and
(5)
Integrate the subdivision approval process with the city's local stormwater management and erosion and sediment control programs, in order to make the submission and approval of plans, issuance of permits, payment of fees and coordination of inspection and enforcement activities more efficient.
(4-21-08(1); 5-19-14, § 1, eff. 7-1-14)
Agent means (i) the director of neighborhood development services, or their designee. The director of neighborhood development services or designee shall have the authority to sign any final plat on behalf of the city.
Alley means a form of vehicular travel way providing access to the rear or side lot line of abutting properties that front along streets. Unless dedicated to and accepted by the city, an alley is privately owned and maintained, is intended to be used primarily by the owners and occupants of the abutting properties and persons and vehicles providing services to those properties (including emergency vehicles) and is not intended for through traffic.
Boundary line adjustment means a type of subdivision in which one (1) or more lot lines are relocated or altered so that the land exchanged is added to and becomes part of an existing lot and no additional lot is created.
Commission means the planning commission for the City of Charlottesville, created by the city in accordance with Va. Code § 15.2-2210 and charged with promoting the orderly development of the city and its environs. The chairperson of the commission or their designee shall have the authority to sign any final plat on behalf of the city.
Common area means an area shown on a plat that is not a platted lot for sale but is either owned or will be owned in common by the lot owners within the subdivision or, if not owned in common, is available for the common use of the lot owners within the subdivision.
Control point is a known latitude/longitude (or X/Y) geographic location obtained in the field using either a global positioning system or other location-determining equipment, acquired in a manner that will yield an X, Y position that can be demonstrated to have sub-centimeter accuracy, and whose position coordinates are expressed relative to the North American Datum of 1983 (NAD 83).
Critical slope refers to the portion of a lot that has a grade in excess of twenty-five (25) percent.
Developer means the person who owns, or who controls, a tract of land developed or to be developed as a unit, which is to be used for any business or industrial purpose or is to contain three (3) or more residential dwelling units. In context, the term shall be construed to include a subdivider.
Development means a tract of land developed or to be developed as a unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain three (3) or more residential dwelling units. The term "development" shall not be construed to include any property which will be principally devoted to agricultural production.
Drainage control means the removal, collection or conveyance of stormwater runoff from or on property through structural facilities or other measures.
Drainage district means a drainage project established pursuant to § 21-292 et seq., Code of Virginia (1950).
Driveway means a form of private vehicular access from a street or alley to the interior of a lot.
Easement means a right possessed by the owner of one (1) parcel of land to use the land of another for a special purpose not inconsistent with the general property rights of that owner.
Easement, private means a reservation or grant by a property owner to specific individuals or entities for their use of land for a specific purpose or purposes, other than a license revocable by the unilateral act of the grantor.
Frontage means the continuous uninterrupted distance along which a parcel abuts an adjacent street.
Improvement means all utilities and facilities required by this chapter, including, without limitation: streets, turnarounds, traffic signalization and controls, sanitary sewers, potable water, gas utilities, stormwater management and erosion control facilities, drainage control facilities, curbs and gutters, and sidewalks, regardless of whether such utilities and facilities are publicly or privately owned and/or maintained.
Lot means a parcel of land, occupied or intended for occupancy, appearing on an officially approved and recorded subdivision plat and having its principal frontage on a street or one which a subdivider has been contractually obligated to install as a condition of subdivision approval and for which an adequate financial guaranty has been furnished to the city.
Lot, corner means a lot abutting upon two (2) or more street rights-of-way at their intersection.
Lot, depth of. The term "depth of lot" means the mean horizontal distance between the front and rear lot line.
Lot, double frontage means a lot having a frontage on two (2) nonintersecting street rights-of-way as distinguished from a corner lot.
Lot, width of. The term "width of lot" means the mean horizontal distance between the side lot lines.
Natural stream means a nontidal waterway that is part of the natural topography, which typically will maintain a continuous, seasonal or intermittent flow during the year, and which is characterized as being irregular in cross-section with a meandering course. A constructed channel, such as a drainage ditch or swale, is not a natural stream.
Open space means an area containing water or land, or a combination thereof, that is unoccupied by building lots, streets or other improvements, and which may be vegetated, or left in an undisturbed state.
Person means a natural person, corporation, partnership, sole proprietorship, trust, trustee, joint venture, and any other legal entity.
Phased subdivision means a subdivision for which a preliminary plat is approved for the entire property, and for which two (2) or more final plats, individually pertaining to less than the entire property, are submitted sequentially for review and approval.
Plat means and refers to the schematic representation of land divided or to be divided.
Plat, final means a plat upon which the plan for a subdivision is presented for approval pursuant to this chapter, whether or not preceded by an approved preliminary plat, which is in final form suitable for recording in the land records of the City of Charlottesville, as contemplated by Va. Code § 15.2-2254 and the city's subdivision ordinance, and which has been signed by the city's agent.
Plat, preliminary means a plat upon which the plan for a subdivision is presented for preliminary approval pursuant to this chapter, and which is not in final form for recording in the city's land records.
Plat reviewers refers to those individuals designated by the director of neighborhood development services whose input may, in the opinion of the director, be of assistance in reviewing a proposed subdivision plat.
Property means one (1) or more lots collected together for the purpose of subdividing.
Resubdivision means the division of land by subdivision, where the land being subdivided is the subject of a previously-approved and recorded subdivision plat.
Shared driveway means a private vehicular access to only two (2) lots which have frontage on a street and which are authorized by this chapter and by the city's zoning ordinance.
Sidewalk means a paved pedestrian way designed to meet city standards.
Staff means employees of the city.
Standards and Design Manual. The City of Charlottesville has adopted the Standards and Design Manual to regulate new street and alley construction, stormwater management, erosion and sediment control, potable water, gas utilities, traffic and transportation, bridges, retaining walls and other related structures, and potable water and sanitary sewer systems and related facilities.
Street, private means any street or other way or means of vehicular access that is not designed, constructed, bonded or approved to be maintained by the city as part of its urban highway system regardless of ownership. Private streets are prohibited except pursuant to townhouse developments under City Code section 34-388(b).
Street, public means an area that is encompassed by a right-of-way dedicated to public use for vehicular travel and accepted for maintenance by the city as part of the city's public street system. Any requirement of this chapter that refers to an existing public street shall mean a public street currently maintained by the City of Charlottesville.
Street right-of-way means the total width of the strip of land dedicated to the city in fee simple for public use or reserved for travel, including without limitation the paved street surface, curbs, drainage improvements and gutters, shoulders, ditches, public sidewalks, bicycle paths, and, where necessary, utility easements.
Streetscape trees means trees planted adjacent to existing or proposed public streets, as required by City Code section 34-870.
Subdivide means the process of dividing land to establish a subdivision.
Subdivider means one (1) or more persons who own property to be subdivided, and such person's agent(s) and successor(s) in interest, including, without limitation, the person who develops such property (see also the definition of developer).
Subdivider means one (1) or more persons who own property to be subdivided, and such persons' agent and successors in interest.
Subdivision means (i) the division or consolidation of a parcel or parcels of land into two (2) or more lots or parcels for the purpose of transfer of ownership or building development, including, without limitation, establishment of a condominium regime; and (ii) a boundary line adjustment. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. References to a subdivision in this chapter include, in the appropriate context, a proposed subdivision.
Subdivision, major means any subdivision which involves six (6) or more lots, or which involves the creation of new streets and/or extension of public utilities or facilities regardless of the number of lots.
Subdivision, minor means any subdivision involving five (5) or fewer lots, all of which front on an existing dedicated and accepted city street and which does not require the creation of new streets and/or extension of public utilities or facilities.
Townhouse refers to any one (1) of a series of single-family attached dwellings, under single or multiple ownership, separated from one another by continuous vertical walls without openings from basement floor to roof. "Series" refers to a row of three (3) or more townhouse dwellings.
Water protection ordinance means the provisions set forth within Chapter 10 of the Code of the City of Charlottesville (1990), as amended.
Zoning ordinance means the provisions set forth within Chapter 34 of the Code of the City of Charlottesville (1990), as amended.
(4-21-08(1); 5-19-14, § 1, eff. 7-1-14)
This chapter shall apply to all divisions, re-divisions and consolidations of land, the vacation of recorded subdivision plats or parts thereof, and the relocation of boundary lines. This chapter does not apply to divisions of land resulting from an order entered by a court of equity requiring that land be partitioned, or from the exercise of the power of eminent domain by any public agency.
(4-21-08(1))
(a)
Unless this chapter and the requirements of Article 6, Chapter 22 of Title 15.2 of the Code of Virginia are complied with:
(1)
No person shall subdivide land (including, without limitation, adjustment of any boundary) or vacate any subdivision plat;
(2)
No subdivision plat shall be recorded in the city's land records, unless and until it has been approved and signed by the city's agent. If a portion of the property that is the subject of a subdivision plat lies within the boundaries of the county of Albemarle, then no such plat shall be recorded unless and until it has also been submitted to and approved by the county;
(3)
No person shall sell or transfer any land of a division of land to which this chapter applies before a plat has been approved and recorded as provided within this chapter, unless the division was lawfully created prior to the adoption of a subdivision ordinance applicable thereto. Nothing in this paragraph shall prevent the recordation of the instrument by which the land is transferred or by which title passes between the parties to the instrument; and
(4)
The clerk of the Charlottesville Circuit Court shall not file or record a plat of a division of land to which this chapter applies until the plat has been approved as provided in this chapter.
(b)
Any person, whether as principal, agent, employee or otherwise, who violates any provision of this chapter shall be subject to a fine of not more than five hundred dollars ($500.00) for each lot so divided, transferred or sold. The description of a lot by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring title shall not exempt the transaction from the penalties or remedies herein provided.
(c)
The city's director of neighborhood development services or their designee is hereby authorized to institute any appropriate action or proceeding, at law or in equity, to prevent a violation or attempted violation, to restrain, correct or abate a violation or attempted violation, or to prevent any act which would constitute a violation of this chapter.
(d)
No permit or approval shall be issued or granted by any city employee, officer or agent for the construction of any building, structure or improvement upon any land for which an approval pursuant to this chapter is required, unless and until the person seeking the permit complies with the requirements of this chapter.
(e)
Nothing in this section shall affect the power of a court of equity to order that property be partitioned.
(4-21-08(1))
The requirements of this chapter are:
(1)
Separate from, but supplementary to, all other applicable requirements of the City Code. Compliance with the requirements of this chapter shall not be deemed compliance with other applicable ordinances or regulations;
(2)
Separate from, but supplementary to, all other applicable requirements of state or federal law. If the requirements of this chapter are in direct conflict with mandatory state or federal requirements, then the state or federal requirements shall apply;
(3)
Separate from the requirements, terms or conditions of any private easement, covenant, agreement or restriction. Neither the city nor any of its officers, employees or agents shall have any duty to enforce a private easement, covenant, agreement or restriction. When an applicable requirement of this chapter is more restrictive than a similar applicable requirement of a private easement, covenant, agreement or restriction, the requirements of this chapter shall apply.
(4-21-08(1))
This chapter protects public interests and shall be liberally construed to effectuate its several purposes. The following rules shall apply in the construction of this chapter, unless the application of such rules would effect a result that is contrary to the purposes of this chapter or the context clearly indicates otherwise:
(1)
All references to any statute, regulation, guideline, manual or standard shall be to that statute, regulation, guideline, manual or standard as it exists on the date of adoption of this chapter, and includes any amendment thereafter and any subsequently-issued edition.
(2)
All references to "days" shall be to calendar days, unless otherwise specifically indicated.
(3)
All distances and areas refer to measurements in a horizontal plane.
(4)
The word "street", when not preceded by either "public" or "private" means either a public street or a private street.
(5)
The phrase "agent or commission" means either the agent or the commission as the case may require, pursuant to applicable provisions of this chapter.
(4-21-08(1))
A certified copy of this chapter and all amendments hereto shall be filed in the office of the clerk of the city council, the department of neighborhood development services, and in the office of the clerk of the Circuit Court for the City of Charlottesville.
(4-21-08(1))
The city council will, from time to time, approve a schedule of the fees and charges associated with the various applications, inspections, permits and approvals required by this chapter. At the time an application or other request for any permit or approval is submitted, it shall be accompanied by the required fee(s) and charge(s) as designated in the most recent fee schedule adopted by city council.
(4-21-08(1))
Prior to final approval of a subdivision plat, the city's agent shall require the subdivider to produce satisfactory evidence that any delinquent real estate taxes, liens and charges owed to the city have been paid.
(4-21-08(1))
Nothing herein shall be construed as creating an obligation on the City to construct or pay for any improvements required by this chapter.
(4-21-08(1))
(a)
Whenever this chapter contains provisions for variation or exception to a requirement, the agent or commission in considering a request for a variation or exception, shall consider whether, because of unusual size, topography, shape of the property, location of the property or other unusual conditions (excluding the proprietary interests of the subdivider) the requirement that is proposed to be varied or excepted would result in substantial injustice or hardship and would not forward the purposes of this chapter or serve the public interest.
(1)
In approving any such request, the agent or commission shall find that adherence to the requirements would result in substantial injustice or hardship, and that granting the waiver would not be detrimental to the public health, safety or welfare or to the orderly development of the area.
(2)
Prior to varying or granting an exception to a provision of this chapter, the agent or commission shall obtain a written opinion of the city's fire code official as to whether the requested waiver can be accommodated within the applicable requirements of the Virginia Statewide Fire Prevention Code (VSFPC).
(3)
Prior to varying or granting an exception to a provision of this chapter involving utilities, the agent or commission shall obtain a written opinion of the city's director of public works as to whether the requested waiver can be accommodated within applicable regulations, specifications and ordinances governing utilities.
(4)
A subdivider may appeal the agent's decision to deny a variation or exception request to the commission. In reviewing the request, the commission may approve or disapprove the request based on the applicable findings set forth in this section.
(b)
A request for a variation or exception pursuant to subsection (a) above may be made either prior to or contemporaneous with submittal of a plat.
(4-21-08(1))
(a)
Preliminary plat. Once a preliminary subdivision plat is approved, it shall be valid for a period of five (5) years, as specified within Va. Code § 15.2-2260(F), and subject to the provisions thereof.
(b)
Final plat. Once a final subdivision plat is approved and the subdivider has recorded the plat, it shall be valid for not less than five (5) years, as specified within Va. Code § 15.2-2261, and subject to the provisions thereof. Unless a plat is recorded within the city's land records within six (6) months after final approval, such approval shall be deemed withdrawn and the plat shall be marked void and returned to the agent; however, if construction of any facilities to be dedicated for public use has commenced pursuant to an approved plan or permit with surety approved by the city, the time for plat recordation shall be extended to one (1) year after final approval, or the time limit specified in the approved surety agreement, whichever is greater.
(c)
Extensions. By application of the subdivider filed prior to expiration of a final recorded plat, the agent or commission, whichever approved the recorded plat may grant one (1) or more extensions of its approval for additional periods as the authority may, at the time the extension is granted, determine to be reasonable in accordance with the provisions of Va. Code § 15.2-2261.
(d)
Changes, revisions. By application of the subdivider, during the period of validity of a recorded plat the agent may approve minor modifications to such plat, including, without limitation, any modification that eliminates, relocates or otherwise alters one (1) or more lot lines; provided, however, that the proposed modification shall not involve the relocation or alteration of any streets, alleys, easements for public passage or other public areas, and provided further that no utility easements or rights-of-way shall be relocated or altered. An application for any such modification made during the period of validity of the plat shall not constitute a waiver of any rights of the subdivider existing on the date of approval of the final plat, and the approval of any such modification shall not extend the period of validity of the original final plat. A modified final plat shall be signed by the owner(s) of all land that is the subject of such plat. Nothing in this paragraph limits the right of an owner to apply to vacate a subdivision plat or any part thereof, or to apply for a boundary line adjustment as authorized by this chapter.
(4-21-08(1))
(a)
A recorded plat or any part thereof may be vacated pursuant to Va. Code §§ 15.2-2271 through 15.2-2274. The clerk of the circuit court in whose office any vacated plat has been recorded shall write in plain legible letters across such plat, or the part thereof so vacated, the word "vacated," and shall also make a reference on the vacated plat to the volume and page in which the instrument of vacation is recorded.
(b)
Where no lot has been sold within a subdivision, the recorded plat, or part thereof, may be vacated according to either of the following methods:
(1)
Administratively, with the consent of both the director of public works and the director of neighborhood development services. Any such vacation shall be accomplished only by a written instrument, declaring the plat, or part thereof, to be vacated, and such written instrument shall be approved and signed by the city attorney. Recordation of such written instrument shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in, and to reinvest the owners, proprietors and trustees, if any, with the title to the streets, alleys, easements for public passage and other public areas laid out or described in the plat.
(2)
By ordinance of city council, provided that no facilities for which bonding is required pursuant to Va. Code §§ 15.2-2241 through 2245 have been constructed on the property and no facilities have been constructed on any related section of the property located in the subdivision within five (5) years of the date on which the plat was first recorded.
(c)
In cases where any lot has been sold within a subdivision, the recorded plat, or part thereof may be vacated in accordance with Va. Code § 15.2-2272. Any written instrument or ordinance vacating a plat pursuant to Va. Code § 15.2-2272 shall operate to destroy the force and effect of the recording of the plat or part thereof so vacated, as set forth within Va. Code § 15.2-2274.
(4-21-08(1))
(a)
This division shall apply to minor subdivisions and boundary line adjustments. The director of neighborhood development services or designee shall be the city's agent for the purposes of review and approval of minor subdivisions and boundary line adjustments.
(4-21-08(1))
(a)
The subdivider shall submit a reproducible original between eight and one-half (8.5) inches by eleven (11) inches and eighteen (18) inches by twenty-four (24) inches in size, or eight and one-half (8.5) inches by fourteen (14) inches, the maximum size accepted by the Charlottesville Circuit Court Clerk's Office, and ten (10) copies of the final plat to the agent for administrative review and approval.
(b)
The final plat shall contain the applicable information required by sections 29-110 and 29-111, unless specifically noted otherwise.
(c)
The plat shall be prepared in compliance with sections 29-110 and 29-111.
(4-21-08(1))
(a)
The agent shall act on any proposed plat within sixty (60) days after it has been officially submitted for approval, by either approving or disapproving the plat in writing, and by giving with any disapproval the specific reasons therefor. The agent shall thoroughly review the plat and shall make a good faith effort to identify all deficiencies, if any, with the initial submission. Specific reasons for disapproval shall be contained either in a separate document or on the plat itself. Any reasons given for disapproval shall identify deficiencies in the plat, with reference to specific ordinances or regulations and shall identify modifications or corrections as will permit approval of the plat.
(b)
The agent shall act on any proposed plat that has been previously disapproved, within forty-five (45) days after the plat has been modified, corrected and resubmitted for approval.
(c)
If the agent fails to approve or disapprove the plat: (i) within sixty (60) days after it has been officially submitted for approval, (ii) within forty-five (45) days after it has been officially resubmitted after a previous disapproval, or (ii) within thirty-five (35) days after receipt of all required state agency approvals, as set forth in subparagraph (d), below, then the subdivider, after ten (10) days' written notice to the agent, may petition the city's circuit court for relief in accordance with Va. Code § 15.2-2259(C). If the agent disapproves a plat and the subdivider contends that the disapproval was not properly based on an ordinance or regulation applicable thereto, or was arbitrary or capricious, he may appeal to the city circuit court in accordance with Va. Code § 15.2-2259(D).
(d)
If approval of a feature of a plat by a state agency is necessary, the agent shall forward the plat to the state agency within ten (10) business days of receipt of such plat. The agent shall approve or disapprove the plat within thirty-five (35) days of receipt of approvals from all state agencies; however, (i) in no event shall the agent be required to act on a subdivision plat in fewer than sixty (60) days from the date of its official submission, and (ii) all actions on subdivision plats shall be completed by the agent and, if necessary by state agencies, within a total of ninety (90) days of the official submission date.
(4-21-08(1))
(a)
No application seeking approval of a subdivision, preliminary or final, that would divide any parcel(s) of land into six (6) or more lots, or involving a new street, shall be accepted for review, unless and until the applicant has participated in a pre-application conference and has held a community meeting in accordance with guidelines established by the director of neighborhood development services in accordance with section 34-41(c)(2). Any application that fails to demonstrate compliance with these requirements shall be rejected as incomplete. The director may waive the requirement for a community meeting, if a community meeting was previously held for the same development as part of city council's consideration of an application for approval of a special use permit or a petition for approval of a zoning map amendment. Within fourteen (14) days of receipt of an applicant's official submission of a complete application for approval of a subdivision, the agent shall forward copies to the affected city departments for their review and comments.
(b)
Upon completion of this review, the agent shall notify the subdivider in writing of the plat's approval or disapproval and the reasons for disapproval or the conditions necessary for approval.
(1)
In the event of approval, the director of neighborhood development services or their designee acting ex officio as secretary of the planning commission and the chairperson of the planning commission or their designee shall sign the reproducible original of the plat. The subdivider shall provide the agent with ten (10) copies of the signed final plat for city use.
(2)
In the event of disapproval, the subdivider in its sole discretion may appeal to the commission at its next regularly scheduled meeting.
(c)
The agent, in its sole discretion, may submit a plat to the commission for review in place of the agent's review.
(4-21-08(1); 10-19-15(3))
(a)
The boundary lines of any lot or parcel of land may be vacated, relocated or otherwise altered by recordation of a deed or boundary line adjustment plat, without vacation of a recorded plat, provided that no easements or utility rights-of-way located along any lot lines to be vacated may be extinguished or altered without the express consent of all persons holding any interest therein, and such consent shall be evidenced by the signatures of such persons on the deed. The action shall not involve the relocation or alteration of streets, alleys, easements for public passage, or other public areas. The deed reflecting the boundary line adjustment shall reference the recorded plat by which the applicable lot lines were originally created, and the deed must be approved in writing, on its face, by the city attorney.
(b)
The lots affected by a boundary line adjustment must have been: (i) part of an otherwise valid and properly recorded subdivision plat approved pursuant to this chapter or a prior subdivision ordinance of the city; or (ii) part of a properly recorded deed prior to the adoption of the first subdivision ordinance of the city that required an approved subdivision plat under the applicable circumstances.
(4-21-08(1))
(a)
Review and approval. The commission shall review and approve preliminary plats for major subdivisions pursuant to section 29-80(a) below. The agent shall review and approve final plats pursuant to section 29-82(a), except when one (1) or more of the circumstances described in section 29-82(b)(1) are met, in which case the commission shall review and approve final plats.
(b)
Submission of preliminary plat; when required. Submission of a preliminary plat is mandatory except where the commission has given final site plan approval for the same development. Where such final site plan approval has been given, a preliminary plat is not required, but a final plat must be submitted in accordance with the provisions of this chapter.
(c)
Notice. At least five (5) days prior to the date upon which action is to be taken on the plat, public notice shall be posted that the matter is to be reviewed by the commission.
(d)
Disapproval of plats posing danger to public health, safety or welfare. The commission is not required by any provision of this chapter to approve any final plat, or feature thereof, which it finds to constitute a danger to the public health, safety or welfare.
(e)
Period of validity. The period of validity shall be as referenced in section 29-37.
(e)
Period of validity. The period of validity shall be as referenced in section 29-37.
(f)
Environmental contamination. Disclosure and remediation of contamination and other adverse environmental conditions of the property is a condition of final plat approval.
(g)
Stormwater management and erosion and sediment control plans. Approval of a final stormwater management plan, and approval of a final erosion and sediment control plan, as may be applicable, is a condition of final plat approval. The agent shall not sign any final plat, unless and until final plans and approvals required by Chapter 10 have been obtained.
(4-21-08(1); 5-19-14, § 1, eff. 7-1-14)
(a)
Time periods and appeals for preliminary plats are as follows:
(1)
The commission shall act on any preliminary plat within sixty (60) days after it has been officially submitted for approval, by either approving or disapproving the plat in writing, and by giving with any disapproval the specific reasons therefor.
(2)
The commission shall thoroughly review the preliminary plat and shall make a good faith effort to identify all deficiencies, if any, with the initial submission. Specific reasons for disapproval shall be contained either in a separate document or on the plat itself. Any reasons given for disapproval shall identify deficiencies in the plat, with reference to specific ordinances or regulations and shall identify modifications or corrections as will permit approval of the plat.
(3)
The commission shall act on any preliminary plat that has been previously disapproved, within forty-five (45) days after the plat has been modified, corrected and resubmitted for approval.
(4)
If approval of a feature of a preliminary plat by a state agency is necessary, the commission shall forward the plat to the state agency within ten (10) business days of receipt of such plat, and the commission shall approve or disapprove the preliminary plat within forty-five (45) days of receipt of approvals from all state agencies; however, (i) in no event shall the commission be required to act on a preliminary plat in fewer than sixty (60) days from the date of its official submission, and (ii) all actions on preliminary subdivision plats shall be completed by the commission and, if necessary by state agencies, within a total of ninety (90) days of the official submission date.
(5)
Once a preliminary plat is approved, it shall be valid for a period of five (5) years, as specified in Va. Code § 15.2-2260(F) and subject to the provisions thereof.
(6)
If the commission fails to approve or disapprove the preliminary plat within ninety (90) days after it has been officially submitted for approval, the subdivider after ten (10) days' written notice to the commission, may petition the city circuit court in accordance with Va. Code § 15.2-2260(D). If the commission disapproves a preliminary plat, and the subdivider contends that the disapproval was not properly based on an ordinance or regulation applicable thereto, or was arbitrary or capricious, the subdivider may appeal to the city circuit court in accordance with Va. Code § 15.2-2260(E).
(b)
Time periods and appeals for final plats are as follows:
(1)
The agent or commission shall act on any final plat within sixty (60) days after it has been officially submitted for approval, by either approving or disapproving the plat in writing, and by giving with any disapproval the specific reasons therefor.
(2)
The agent or commission shall thoroughly review the final plat and shall make a good faith effort to identify all deficiencies, if any, with the initial submission. Specific reasons for disapproval shall be contained either in a separate document or on the plat itself. Any reasons given for disapproval shall identify deficiencies in the plat, with reference to specific ordinances or regulations and shall identify modifications or corrections as will permit approval of the plat.
(3)
The agent or commission shall act on any final plat that has been previously disapproved, within forty-five (45) days after the plat has been modified, corrected and resubmitted for approval.
(4)
If approval of a feature of a final plat by a state agency is necessary, the agent or commission shall forward the plat to the state agency within ten (10) business days of receipt of such plat, and the agent or commission shall approve or disapprove the final plat within thirty-five (35) days of receipt of approvals from all state agencies.
(5)
If the agent or commission fails to approve or disapprove the final plat within sixty (60) days after it has been officially submitted for approval, or within forty-five (45) days after it has been officially resubmitted after a previous disapproval or within thirty-five (35) days of receipt of any state agency response, the subdivider, after ten (10) days' written notice to the commission or agent, may petition the city circuit court in accordance with Va. Code § 15.2-2259(C). If the commission or agent disapproves a final plat, and the subdivider contends that the disapproval was not properly based on an ordinance or regulation applicable thereto, or was arbitrary or capricious, the subdivider may appeal to the city circuit court in accordance with Va. Code § 15.2-2259(D).
(4-21-08(1))
(a)
Each subdivider may participate in a preapplication conference with city staff designated by the agent, prior to submittal of a major preliminary plat to the commission for review. The purpose of the conference shall be to allow the subdivider to inform staff of the nature of the subdivision so that staff and the subdivider can develop an informal program that will guide the review and approval of the preliminary plat, or parts thereof. At this preapplication conference the subdivider may present a preliminary schematic plat that shows:
(1)
The boundary lines of the property;
(2)
Existing land conditions, existing topography at a maximum of twenty-foot contour intervals, and established or approximated one hundred (100) year flood plain limits as shown on the official flood insurance maps for the city;
(3)
The general lay-out and design of what is proposed for the subdivision, on a scale of not smaller than one (1) inch equals one hundred (100) feet;
(4)
Building setback lines;
(5)
The applicable zoning of the property, including all applicable proffers, special use permit conditions and variances; and
(6)
The applicable zoning of all abutting properties.
(b)
Statements made by city staff and the subdivider during the pre-application conference shall not be binding on the city or the subdivider.
(4-21-08(1))
(a)
Each preliminary plat shall be submitted to the agent with ten (10) copies, along with all required fees and supporting documentation.
(b)
A preliminary plat shall be deemed officially submitted on the date of the next application deadline established by the agent after the official submittal of the preliminary plat.
(c)
A preliminary plat omitting any information required by sections 29-110 and 29-111, as applicable, shall be deemed to be incomplete and shall be disapproved by the agent. This review and determination shall be made within ten (10) days after the application deadline.
(1)
The agent shall inform the subdivider in writing of the reasons for the disapproval, with citation to the applicable section of this chapter or other law, and what corrections or modifications will permit acceptance of the plat. The agent shall notify the subdivider or his or her agent of the disapproval in writing by first class mail, delivery, or, if consented to by the subdivider in writing, by fax or email.
(2)
Within sixty (60) days after the date the notice of disapproval was mailed or delivered by the agent, the subdivider may resubmit the preliminary plat together with payment of the fee for the reinstatement of review. The date of the next application deadline after the resubmittal of the preliminary plat shall be deemed to be the date upon which the plat was officially submitted. In the event the subdivider fails to timely resubmit the preliminary subdivision plat, the preliminary plat shall be deemed to be disapproved and a new application and fee shall be required for submittal of the preliminary plat.
(d)
When the agent determines that a preliminary plat is officially submitted, he shall:
(1)
Circulate the plat for review and comment by plat reviewers, together with notice of the date on which the plat has been scheduled for a preapplication conference, if applicable. All resulting requirements and recommendations shall be forwarded to the director of neighborhood development services by the plat reviewers prior to a date set by the director. For purposes of this article, the term "requirements" shall be deemed to mean regulatory provisions of this chapter, and any duly adopted rules and regulations of a reviewing department, and "recommendations" shall be deemed to include suggestions for design changes deemed to be in the public interest by a reviewing official in the area of their expertise. The purpose of circulating the plat to plat reviewers is to collect information to be included in a staff report given to the commission prior to their review of the preliminary plat.
(2)
Schedule a preapplication conference, in accordance with section 29-78 above, if requested by the subdivider.
(4-21-08(1))
(a)
Review by planning commission.
(1)
The planning commission shall review all preliminary plats for major subdivisions.
(2)
In conducting review of a preliminary plat, the commission shall review the plat for compliance with the requirements of this chapter. The commission shall consider any written statement(s) submitted by the subdivider and the agent's and other staff's comments and recommendations. The commission also may consider any other evidence pertaining to the compliance of the preliminary plat with the requirements of this chapter as it deems necessary for a proper review.
(3)
If the commission determines that the preliminary plat complies with the requirements of this chapter, it shall approve the preliminary plat and promptly issue a letter to the subdivider stating the conditions that must be satisfied prior to submittal of the final plat. If the commission determines that the preliminary plat does not comply with the requirements of this chapter, it shall disapprove the preliminary plat and promptly inform the subdivider of the disapproval as provided in paragraph (4), below.
(4)
A notice of disapproval shall state the reasons for disapproval by identifying the plat's deficiencies and citing the applicable sections of this chapter or other law, and what corrections or modifications will permit approval of the preliminary plat. The commission shall either mail a written notice of disapproval by first class mail, or deliver it, to the subdivider. Within sixty (60) days after the date the notice of disapproval was mailed or delivered, the subdivider may resubmit the preliminary plat. If the subdivider fails to timely resubmit the preliminary plat, the preliminary plat shall be deemed to be disapproved and a new application shall be required for submittal of the preliminary plat.
(5)
At the time that it acts to approve a preliminary plat, the commission may elect to be the reviewing authority for the final plat.
(b)
Effect of approval of preliminary plat. Approval of a preliminary plat does not guarantee approval of the final plat, does not constitute approval or acceptance of the subdivision, and does not constitute authorization to proceed with the construction of the improvements within the subdivision.
(4-21-08(1))
(a)
Except as otherwise provided, a subdivider shall submit a final plat, with ten (10) copies and in digital format acceptable to the city, for approval within one (1) year of the date of approval of the preliminary plat; if a final plat is not officially submitted within the required time frame, the preliminary approval shall expire. For purposes of this section, a final plat shall be deemed officially submitted on the date it is submitted and satisfies the requirements of paragraphs (b) and (c), below.
(b)
Prior to submitting a final plat, a subdivider shall satisfy all conditions of the approval of the preliminary plat. A final plat shall be disapproved by the agent if the subdivider has not satisfied all of the conditions.
(c)
A proposed final plat that omits any information required by sections 29-110 and 29-111, as applicable, shall be deemed incomplete and shall be disapproved. A determination of completeness shall be made by the agent within ten (10) days after the application deadline. The agent shall inform the subdivider in writing of the reasons for the disapproval, with citation to the applicable section of this chapter or other law, and what corrections or modifications will permit acceptance of the plat. The notice of disapproval shall either be mailed to the subdivider by first class mail, or personally delivered to the subdivider.
(d)
Within sixty (60) days after the date the notice of disapproval was mailed or delivered by the agent, the subdivider may resubmit the final plat together with payment of a fee for the reinstatement of review. In the event the subdivider fails to timely resubmit the final plat, the final plat shall be deemed to be disapproved and a new application and fee shall be required for submittal of the final plat.
(4-21-08(1))
(a)
Review by agent.
(1)
The agent shall review the final plat for compliance with the requirements of this chapter in effect at the time of preliminary plat approval, except as authorized by Va. Code § 15.2-2261(C). The agent shall make a good faith effort to identify all deficiencies, if any, during the review of the first final plat submittal. The agent shall consider the recommendations and determinations made by the plat reviewers.
(2)
If the agent determines that the final plat complies with the requirements of this chapter and that all conditions of approval of the preliminary plat have been satisfied, the agent shall sign the final plat. If the agent determines that the final plat does not comply with all requirements of this chapter or that all conditions of approval of the preliminary plat have not been satisfied, the final plat shall be disapproved and the agent shall promptly inform the subdivider of the disapproval by issuing a notice of disapproval to the subdivider which complies with the notice requirements stated in section 29-80(a)(4).
(b)
Review by planning commission.
(1)
The commission shall review a final plat if: (i) the agent determines there is a substantial change from a preliminary plat previously approved by the commission; (ii) the commission elected to be the reviewing authority for the final plat, at the time of preliminary plat approval; (iii) the subdivider requests review by the commission; (iv) no preliminary plat was submitted as permitted by section 29-76(b), or (iv) the subdivider obtained approval of an exception or variation and, in the opinion of the agent, the final plat is not in substantial accord with the information and plans considered with the original request for a variation or exception.
(2)
The commission shall review the final plat for compliance with the requirements of this chapter in effect at the time of preliminary plat approval, except as authorized by Va. Code § 15.2-2261(C). The commission shall consider the agent's comments and recommendations. The commission also may consider any other evidence pertaining to the compliance of the final plat with the requirements of this chapter that it deems necessary for a proper review.
(3)
If the commission determines that the final plat complies with the requirements of this chapter, and if a preliminary plat was submitted and approved, that all conditions of approval of the preliminary plat have been satisfied, then the commission shall approve the final plat and direct the agent to sign it. If the commission determines that the final plat does not comply with all requirements of this chapter or that all conditions of approval of the preliminary plat have not been satisfied, it shall disapprove the final plat. If the commission disapproves the final plat, it shall direct the agent to issue a notice of disapproval to the subdivider that complies with the requirements stated in section 29-80(a)(4).
(4)
In reviewing and acting upon a final plat, the commission shall have all of the same power or authority expressly granted herein to the agent applicable to review and action upon such plat.
(4-21-08(1))
(a)
Plat details. All plats shall comply with the following requirements:
(1)
State standards. Every plat shall meet the standard for plats promulgated by the Virginia Library Board pursuant to Va. Code § 42.1-82 of the Virginia Public Records Act, as such standards are set forth within the Virginia Administrative Code. A copy of these standards shall be kept on file within the department of neighborhood development services. Document size shall be between eight and one-half (8.5) inches by eleven (11) inches and eighteen (18) inches by twenty-four (24) inches, or eight and one-half inches by fourteen (14) inches, the maximum size accepted by the Charlottesville Circuit Court Clerk's Office.
(2)
State professional standards. Every plat shall meet the minimum standards and procedures for land boundary surveying practice, including minimum field procedures and office procedures, as set forth within the Virginia Administrative Code. A copy of such standards and procedures shall be kept on file within the department of neighborhood development services.
(3)
Name of plat preparer. Every plat shall contain the name and signature of the person who prepared the plat, who must be either a certified professional engineer or land surveyor.
(4)
General information. Every plat shall contain the following information: the date of drawing, including the date of the last revision; the number of sheets; the north point; signature panels for the secretary and chair of the commission (if applicable) and the scale. If true north is used, the method of determination shall be shown.
(5)
Name of subdivision. Every plat shall contain the name or title under which the subdivision is proposed to be recorded in the city's land records. The title shall not duplicate or be a homonym of an existing or reserved subdivision name within the city or the county of Albemarle, except if the subdivision is an extension of an existing subdivision.
(6)
Instrument creating property proposed for subdivision. The engineer or land surveyor who prepared the plat shall endorse upon the plat a certificate signed by him setting forth the source of title of the owner of the land subdivided and the place of record of the last instrument in the chain of title. When the plat is of land acquired from more than one (1) source of title, the outlines of the several tracts shall be indicated upon the plat. The plat shall also identify the deed book and page number of any previously recorded subdivision plat applicable to the subject property, or any portion thereof.
(7)
Identification of all owners and certain interest holders; statement of consent. Each plat shall contain the names and addresses of each owner of record of any land that is the subject of the proposed plat, and of the holders of any easements affecting the land that is the subject of the plat. Every plat, or deed of dedication to which a plat is attached, shall contain a statement as follows: "The platting or dedication of the following described land [insert a correct description of the land subdivided] is with the free consent and in accordance with the desire of the undersigned owners, proprietors, and trustees, if any." The statement shall be signed and duly acknowledged before an officer authorized to take acknowledgment of deeds.
(8)
Vicinity map. Each plat shall contain a vicinity map showing the property and its relationship with adjoining land and streets, its relationship with landmarks in the area and, if the subdivision is a phased subdivision, all other phases of the subdivision for which a final plat has been approved, in detail adequate to describe the location of the property without field review.
(9)
Existing or platted streets. Each plat shall specifically identify the location, width, grades and drainage of all existing streets and the location and widths of previously-platted rights-of-way.
(10)
Alleys, shared driveways, and private streets. Each plat shall identify the location and dimensions of all easements for alleys, shared driveways and private streets. Easements shown for private streets, alleys and shared driveways shall be labeled as "private street easement," "alley easement" or "shared driveway easement," as may be applicable. Private streets are prohibited except pursuant to townhouse developments under City Code section 34-388(b).
(11)
Land to be dedicated in fee or reserved. Each plat shall identify the location, acreage, and current owner(s) of all land intended to be dedicated for public use, and the location, acreage and current owner(s) of all land to be reserved in a deed for the common use of lot owners in the subdivision. All land intended to be dedicated for public use shall be identified and set forth on the plat as required by article III of this chapter.
(12)
Public easements. Each plat shall identify the specific location and dimensions of all existing and proposed public easements and improvements situated outside of a public street right-of-way, including, without limitation, easements for water, sewer and gas lines and related improvements, sidewalk and other pedestrian easements; sight distance easements; and easements for drainage and stormwater management facilities. All previously recorded easements shall be labeled with the deed book and page number of the recorded instrument by which such easements were created. Proposed dedications of public easements shall be labeled as to the type of easement, and shall be identified and set forth on the plat as required by article III of this chapter.
(13)
Proposed private easements and facilities. Each plat shall identify the specific location and dimensions of existing and proposed non-public easements, including, without limitation: stormwater management facilities and related improvements; drainage easements; privately owned and maintained sidewalks; common or shared easements to public service corporations furnishing cable television, gas utilities, telephone and electric service to the proposed subdivision and to franchised cable television operators furnishing cable television services; and other private easements. Where easements are not parallel to lot lines, bearing and distance measurements are required. An existing easement shall be labeled with the deed book and page number of the recorded instrument by which such easement was created. Proposed easements shall be labeled as to the nature and type of easement. All final plats containing any proposed common or shared easements shall expressly reference a declaration of the terms and conditions of such easements recorded with the subdivision plat in the city's land records.
(14)
Existing and departing lot lines. Each plat proposing a subdivision of more than one (1) existing lot shall show existing lots and their outlines, which shall be indicated by dashed lines, and the location of departing lot lines of abutting lots.
(15)
Proposed lots. Each plat shall show the number, approximate dimensions, and area of each proposed lot.
(16)
Building sites on proposed lots. Each plat shall show the location, area and dimensions of a building site on each proposed lot, complying with the requirements of this chapter as well as the regulations of the zoning district in which such lot is situated. The plat shall also contain the preparer's certification that "Each parcel [letter or number] created by this subdivision plat contain a building site that complies with the requirements of the City of Charlottesville's Zoning, Water Protection and Subdivision Ordinances."
(17)
Floodplain and floodway limits. Each plat shall provide floodplain limits, elevations, and flood plain profiles and cross-sections, and shall provide the same information for the floodway.
(18)
Drainage district. When any part of the land proposed for subdivision lies within a drainage district such fact shall be set forth on the plat.
(19)
Places of burial. When any grave, object or structure marking a place of burial is located on the land proposed for subdivision, such grave, object or structure shall be identified on the plat.
(20)
Control points. At least four (4) control points, evenly distributed across the property and located at survey property corners, shall be shown on each sheet depicting the property. These points shall be sub-centimeter accurate and meet the definition of control point. One (1) of the four (4) points shall be a bench mark showing elevation and horizontal coordinates related to the city's GPS base station. The point shall be located in the field in concrete with a brass disk provided by the engineering department.
(21)
Public areas, facilities or uses. The location of all areas shown in the comprehensive plan as proposed sites for public areas, facilities or uses, as described in Va. Code § 15.2-2232, which are located wholly or in part within the boundaries of the property that is the subject of the proposed plat.
(22)
Zoning classification. The zoning classification of the property, including all applicable zoning overlay districts, proffers, special use permits and variances.
(23)
Tax map and parcel number; street address. The current city tax map and parcel number of the property, and the street address.
(24)
Stream buffers. The location of stream buffers required by the city's water protection ordinance, with the following note: "The stream buffer(s) shown hereon shall be maintained in accordance with Chapter 10 of the City Code, the City of Charlottesville's Water Protection Ordinance."
(25)
Boundary lines. The exterior boundary lines of the property shall be shown with bearings in degrees, minutes and seconds.
(26)
Monuments. The location and material of all permanent reference monuments shall be identified. Acceptable material for monuments is specified in the Standards and Design Manual. Monuments found or installed prior to plat recordation may be referred to if they are permanent and undisturbed. If any monument required by this chapter will be installed after recordation of the final plat, the certification of the professional engineer or land surveyor shall so note.
(27)
Bearing and distance ties. A definite bearing and distance tie between not less than two (2) permanent monuments on the exterior boundary of the property and further tie to existing street intersection or nearby benchmark, at the discretion of the agent.
(28)
Identification of sections, blocks and lots. Sections (phases) shall be identified by numbers; blocks shall be identified by letters; lots shall be identified by numbers, assigned in numerical or alphabetical order, as appropriate.
(29)
Acreage and square footage of lots. The total acreage and square footage of each existing lot and each proposed lot.
(30)
Ownership of common areas. The intended ownership of all common areas with reference to a declaration of the rights and responsibilities of such owner with respect to the common areas, to be recorded along with the final plat.
(31)
Street names. The name of each proposed street.
(32)
Temporary turnarounds. The location of temporary turnarounds, if needed, with the following accompanying note: "The area on this plat designated as a temporary turnaround will be constructed and used as other streets in the subdivision until (street name) is/are extended to (street name), at which time the land in the temporary turnaround area will be abandoned for street purposes and will revert to adjoining property owners in accordance with specific provisions in their respective deeds."
(33)
Statement pertaining to private alleys, driveways and streets. If alleys or shared driveways are shown, a note shall be added to the plat stating that maintenance shall be by the owners of the lots benefited by the alley or shared driveway, not by the city. If the townhouse subdivision will contain one or more private streets pursuant to City Code section 34-388(b), the following statement is required: "The streets in this subdivision are not accepted into the city's street system and will not be maintained by the City of Charlottesville." Grantors of any subdivision lots to which this statement applies must include the statement on each deed of conveyance.
(34)
Restrictions. Restrictions imposed in conjunction with the approval of the preliminary plat, and their period of existence, shall be noted on the plat, including, without limitation: sidewalk maintenance agreements; stormwater/BMP facilities maintenance agreements, affordable dwelling unit obligations arising under section 34-12(a) or 34-12(d)(1), etc. If the length of the wording necessary to describe a particular restriction makes its inclusion on the final plat impractical, and if the nature of the restriction does not necessitate the preparation of a separate instrument for recordation with the plat, then a summary reference shall be made to the restriction on the final plat.
(35)
Terms of public easements. All plats containing easements dedicated to the public shall expressly reference a declaration of the terms and conditions of such public easements to be recorded with the subdivision plat in the city's land records.
(36)
Topography. A topographic map derived from aerial topographic surveys or, where required by the director of public works, from actual field surveys, with a contour interval of five (5) feet referred to city data, showing the boundary lines of the tract to be subdivided.
(37)
Building setback lines. Building setback lines shall be referenced on the plat.
(38)
Critical slopes. Critical slopes as defined under City Code section 34-1120 shall be referenced on the plat.
(4-21-08(1); 11-18-13)
(a)
Preliminary plat requirements. The following documents and information shall be submitted along with each preliminary plat, or, if none, with each final plat:
(1)
Request for critical slopes waiver. If the need for a waiver is known at the time of submission, the subdivider shall submit a written request and justification for any requested waiver under section 34-1120 of the zoning ordinance, authorizing the disturbance of critical slopes. The applicant shall provide information, drawings and narrative details, addressing how the layout and location of proposed streets, utilities, stormwater management facilities, etc. will minimize the disturbance of critical slopes and natural drainage areas.
(2)
Stormwater management information. Topographic information submitted with a preliminary plat shall be in the form of a topographic survey, which shall identify areas of critical slopes, as defined in section 29-3, natural streams, natural drainage areas, and other topographic features of the site. The applicant shall provide a stormwater management concept detailing how the applicant will achieve adequate drainage post-development, including a description of the specific design concept the applicant plans to apply. References to specific types of stormwater management facilities, specific treatments, BMPs, LID techniques, etc. shall be provided. The stormwater management concept shall be prepared by a professional engineer or landscape architect, as those terms are defined in Code of Virginia § 54.1-400, and shall describe the manner in which stormwater runoff from the subdivision will be controlled in order to minimize the damage to neighboring properties and receiving streams, and prevent the discharge of pollutants into surface waters, in accordance with the requirements of City Code Chapter 10.
(3)
Mitigation plan. If applicable, a mitigation plan as provided in the water protection ordinance.
(b)
Final plat requirements. In addition to any information required by paragraph (a), above, the following documents or information shall be submitted with each final plat, unless included in the site plan previously approved or under review:
(1)
Infrastructure plans and computations in accordance with the Standards and Design Manual. Detailed plans, computations and necessary supporting documents for physical improvements including, but not limited to, traffic studies, street plans and cross sections, soil testing results, gas utilities, sewer and water plans and computations, landscape plans, parking calculations and other requirements of applicable zoning regulations, flooding computations and plans (if applicable), and any other plans, calculations and details deemed necessary by the city engineer in consultation with the director of public works, in order to determine compliance with the development standards set forth within Article IV of this chapter. section 29-36. Information, details, calculations, construction plans and other documents or data required by Chapter 10 for a final stormwater management plan and a final erosion and sediment control plan shall be included.
(2)
Construction plans, public facilities. Construction plans shall be submitted to and approved by the city engineer in consultation with the director of public works for all proposed streets, and for all water, gas, storm and sanitary sewer and other city-owned public utilities or facilities.
(3)
Construction plans, utility fixtures and systems. If the owner of any subdivision desires to construct in, on or under any public streets or alleys located in the subdivision, any gas, electric, cable or other non-city-owned utility works, pipes, wires, fixtures or systems, the owner shall present plans and specifications to the city engineer for approval in consultation with the director of public works.
(4)
Location of existing buildings. A survey showing the location of all existing buildings within fifty (50) feet of a proposed lot line or a proposed street.
(5)
Building envelope. A depiction of the building envelope for each lot, in accordance with the requirements of applicable zoning district regulations.
(6)
Interests to be vacated in city property. A plan which shows all rights and interests of the city that would be terminated and extinguished by recordation of the final plat, with reference to the deed book and page number at which the instrument(s) creating such interest(s) are recorded.
(7)
Instrument evidencing maintenance of certain improvements. If the subdivision will contain one (1) or more improvements or facilities serving more than one (1) lot within the subdivision, and that are not to be maintained by the city or any other governmental authority or other public agency, the subdivider shall submit with the final plat an instrument assuring the perpetual maintenance of the improvement or facilities, as such instrument will be recorded with the final plat. For each such improvement or facility, the plat shall contain the following notation: "No public agency, including the City of Charlottesville, Virginia, will be responsible for maintaining this improvement [or facility]."
(8)
Required bonds and surety.
(9)
Environmental disclosures. Subdividers shall disclose and remediate contamination and other adverse environmental conditions of the property prior to final plat approval. Along with a final subdivision plat, the subdivider shall submit a Phase I environmental site assessment based on the anticipated use of the property proposed for the subdivision or development, and if the agent deems it to be reasonably necessary, based on findings in the Phase I assessment, and in accordance with EPA regulations and American Society for Testing and Materials (ASTM) standards, the subdivider shall submit a Phase II environmental site assessment. Required assessments shall meet generally accepted national standards, such as those established by ASTM. The subdivider shall also submit a written plan for remediation of any contamination or conditions noted in the required assessments, and confirmation that such plan has been submitted to state or federal authorities for review and approval. The agent, in its sole discretion, may waive this requirement for minor subdivisions, but this waiver does not exempt the subdivider from any applicable state and federal law requirements.
(10)
Instruments evidencing affordable housing requirements. If the subdivision includes land that is subject to an affordable housing obligation arising under section 34-12(a) or 34-12(d)(1), the subdivider shall submit with the final plat the instrument(s) assuring the reservation of land for such obligation, in such format as may be required by the regulations enacted pursuant to section 34-12(g).
(c)
Subject to the provisions of section 29-36, the agent may grant variations or exceptions to particular submission requirements articulated within this section, or within section 29-110, for a boundary line adjustment or minor subdivision; provided, however, that the agent may not grant variations or exceptions to (i) any requirements of Chapter 10, or any requirements or standards set forth within this chapter relating to drainage or flood control, or (ii) any requirements applicable to the layout, design and construction of public streets or other public facilities.
(4-21-08(1); 11-18-13; 5-19-14, § 1, eff. 7-1-14)
All subdivision plats and supporting materials shall be in accordance with the following, as applicable:
(1)
The provisions of the Code of Virginia, title 15.2, chapter 22, article 6 (Va. Code §§ 15.2-2240—15.2-2279).
(2)
Chapter 10 of the Code of the City of Charlottesville (Water Protection).
(3)
Chapter 12 of the Code of the City of Charlottesville, Article III (Fire Prevention Code)
(4)
Chapter 31 of the Code of the City of Charlottesville (Utilities).
(5)
Chapter 34 of the Code of the City of Charlottesville (Zoning ordinance).
(6)
The City of Charlottesville's Standards and Design Manual.
(7)
Other applicable laws, ordinances, policies and requirements, including, without limitation, the other standards set forth within this article.
(4-21-08(1))
The agent and the city engineer developed and city council approved design requirements for new street and alley construction, stormwater management, erosion and sediment control, gas utilities, traffic and transportation, bridges, retaining walls and other related structures, and potable water and sanitary sewer systems and related facilities. The design requirements are developed in consultation with the city's department of public works, the city's fire official, the city's building official, and other city departments or personnel who have any responsibilities or authority with respect to the types of improvements that are the subject of the Standards and Design Manual. To the extent that there is a conflict between the Standards and Design Manual and any other ordinance or law, the ordinance or law shall take precedence.
(4-21-08(1))
(a)
All boundaries, both exterior and interior, of the original survey for the subdivision shall have monuments in accordance with the Standards and Design Manual.
(b)
No monuments other than those required by paragraph (a) shall be required to be set before recordation of the final plat or the conveyance of land by reference to plat if the professional engineer or land surveyor includes in his certification on the plat that any additional monuments required by this chapter shall be set on or before a specified later date.
(c)
The setting of any monument at any time after recordation of the final plat shall be established both at law and in equity, at prorated positions as determined from direct re-measurements between the established monuments of record rather than as precisely stated or shown on the recorded plat.
(d)
The subdivider shall be responsible for resetting any monument on the property that is damaged, disturbed or destroyed during construction of any improvements required by this chapter.
(4-21-08(1))
(a)
Each lot within a subdivision shall satisfy applicable lot size, buildable area and other requirements of the city's zoning ordinance, and of this chapter, and shall have frontage either:
(1)
On a street dedicated to the public which, once constructed and improved by the subdivider will qualify for acceptance into the city's street system, or
(2)
On a private street in a townhouse development, pursuant to City Code section 34-388(b).
(b)
The foregoing requirements of this section do not apply if:
(1)
The lot is to be conveyed to the city for open space, recreation or conservation purposes only, and the plat contains a notation that no building permit shall be issued for the lot unless it is combined with another parcel so that it gains frontage and satisfies minimum lot requirements and the building permit is consistent with open space, recreational or conservation uses, or
(2)
The lot is part of an approved planned unit development or cluster development, is created for open space, recreational or conservation purposes only, is accessible by a public access easement, and the plat contains a notation that no building permits shall be issued for the lot unless the permit is consistent with open space, recreational or conservation uses and it is combined with another parcel so that it gains frontage.
(c)
No lot shall contain peculiarly shaped elongations designed solely to provide the required square footage of area or frontage on a street.
(d)
Remnants shall not be created by the subdivision of land. All pre-existing remnants shall be eliminated when land subdivided or re-subdivided.
(e)
Side lot lines of each lot shall be approximately at right angles or radial to the street line, except turnaround terminal points. The agent or commission may vary or grant exceptions to this requirement, pursuant to section 29-36 above.
(f)
Minimum street frontage. All lots containing any residential dwelling unit shall have a minimum frontage of fifty (50) feet at the street right-of-way, except:
(1)
Lots fronting on the turnaround portion of a cul-de-sac shall have a minimum of twenty (20) feet of frontage, and an average width of at least fifty (50) feet;
(2)
Lots containing single-family attached dwelling units shall have a minimum frontage of twenty (20) feet;
(3)
Lots containing a townhouse shall have a minimum frontage of sixteen (16) feet; and
(4)
Corner lots shall have such additional frontage as is required by the agent or commission to accommodate the side yard requirements set forth within the applicable zoning district regulations.
(g)
Sanitary sewer and water supply.
(1)
All buildings constructed on lots resulting from subdivision of a larger tract that abuts or adjoins a public water or sewer system or main shall be connected to that public water or sewer system or main subject to the provisions of Va. Code § 15.2-2121 and this chapter.
(2)
Lots served by public sanitary sewers and public water supply shall have an area no less than the minimum lot size contained in applicable zoning district regulations.
(3)
If subsection (1) above does not apply, then the subdivision shall be served by individual private wells and septic systems having conventional drainfields and shall meet all requirements of the health department and applicable health official, and any applicable zoning regulations. The subdivider shall submit to the agent or commission satisfactory proof that such lots meet the requirements of the health department, as determined by tests or inspections of soil conditions conducted by an officer of the health department.
(4-21-08(1); 5-19-14, § 1, eff. 7-1-14)
Sufficient areas shall be set aside on each lot for the planting of streetscape trees along the frontage of all existing or proposed public streets, in accordance with City Code section 34-870, as that section may be amended from time to time. Trees shall be planted according to the standards outlined in the master tree list, referenced in the zoning ordinance.
(4-21-08(1))
(a)
Each block within a subdivision shall be wide enough to allow two (2) tiers of lots of the minimum depth allowed by applicable zoning ordinance regulations, fronting on all streets. The agent or commission may vary or grant exceptions to this requirement, pursuant to section 29-36 above.
(b)
Where any block adjoins an arterial street, the greatest dimension of the block should be parallel to such street. Such block shall not be more than one thousand (1,000) feet in length; however, the agent or commission may vary or grant exceptions to this requirement, pursuant to section 29-36 above.
(c)
No residential block shall be longer than one thousand (1,000) feet.
[DIAGRAM]
(4-21-08(1))
(a)
Private streets. Private streets are prohibited except pursuant to townhouse developments under City Code section 34-388(b).
(4-21-08(1))
(a)
Coordination. All streets within and contiguous to a subdivision shall be coordinated with other existing or planned streets, and such streets shall also be coordinated with existing or planned streets in existing or future adjacent or contiguous to adjacent subdivisions, as to location, widths, grades and drainage.
(1)
Street names. Where a street is planned as a continuation of an existing street, it shall bear the same name as the existing street. Street names must be approved by the agent. New street names shall be different from existing street names within the city or in Albemarle County, but an exception may be made for culs-de-sac which have the same name as the road from which they originate (example: "Rugby Circle" which originates from "Rugby Road").
(2)
Street signs. The subdivider shall purchase and install, in accordance with the Federal Highway Administration Manual of Uniform Traffic Control Devices, all applicable street signs.
(b)
Extension. All streets within a subdivision shall be extended and constructed to the abutting property lines, except in the case of culs-de-sac, to provide vehicular, bike and pedestrian interconnections to future development on adjoining lands in accordance with the Standards and Design Manual. The arrangement of the streets shall provide adequate access to adjoining lands within the subdivision where necessary to provide for the orderly development of the city, including, but not limited to, reserving temporary construction easements of sufficient area to accommodate the future completion of the street when the adjoining lands are developed.
(c)
Exceptions. The agent or commission may vary or grant exceptions to the requirements of subsection (a).
(1)
The agent or commission reviewing a proposed variance or exception shall consider, in addition to the matters set forth in section 29-36: (i) the engineering requirements for coordination and connection; (ii) whether the need for coordination and connection outweighs the impacts on environmental resources such as streams, stream buffers, steep slopes, and floodplain; (iii) whether there is an alternative street connection from another location in the subdivision that is preferable because of design, traffic flow, or the promotion of the goals of the comprehensive plan, including the applicable neighborhood plan.
(2)
If the agent or commission grants a variance or exception: (i) the street shall be constructed past the point at which the primary structures on the lots abutting the street would rely on the finished grade for landscaping and other improvements, but in no case less than thirty (30) feet beyond the curb line or ditch line on those lots; (ii) the subdivider shall dedicate the required right-of-way to the abutting property line, along with all easements required to allow the street connection to be constructed in the future; (iii) the required easements shall prohibit any improvements being established therein; (iv) the subdivider shall provide a surety guarantee or an escrow of funds for its share of the cost to complete the extension if determined by the agent to be necessary; the type of surety guarantee or the escrow shall be acceptable to the city engineer and be approved by the city attorney; and (v) the agent may require that the subdivider install and maintain a sign at the end of the constructed portion of the street stating that the street is a future through street, and that the sign shall be maintained until the city grants final approval of an extension of the street to the abutting property.
(4-21-08(1))
The following standards shall apply to all streets and alleys within a subdivision:
(a)
Layout. Each street shall be configured, to the extent practicable, to conform to the natural topography, to minimize the disturbance of critical slopes and natural drainage areas, and to provide vehicular, bicycle and pedestrian interconnections within the subdivision and existing or future development on adjoining lands. Streets that do not align with existing streets shall have an offset of no less than one hundred fifty (150) feet between centerlines, unless otherwise approved by the traffic engineer.
(b)
Intersections. No more than two (2) streets shall intersect at any one (1) point; however, the traffic engineer may vary or grant exceptions to this requirement pursuant to section 29-36 above. Intersections shall be laid out so as to intersect as nearly as possible at right angles.
(c)
Grades. The maximum allowable street grade shall be eight (8) percent. The traffic engineer may vary or grant exceptions to this requirement, pursuant to section 29-36 above, to no more than ten (10) percent.
(d)
Surface. Any newly constructed street shall be surfaced to the width specified in the Standards and Design Manual, measured from the face of the curb line or edge of pavement. The subdivider is required to complete the construction any new street, including installing the final surface.
(e)
Temporary turnarounds. Streets that terminate temporarily, and that are located more than three hundred (300) feet in length from an intersection, or are proposed to serve more than four (4) dwelling units, shall be provided with a temporary turnaround. The temporary turnaround shall be extended to the abutting property line; however the agent or commission may vary or grant an exception to this requirement pursuant to section 29-36 above. The temporary turnaround shall exist until the street extension is accepted into the city's street system.
(f)
Alleys. Alleys with a width of not less than twelve (12) feet may be provided in the rear or side of any commercial, industrial, or residential lots; however, no dead-end alleys shall be permitted. However, when the alley is the principal means of emergency access or access for service vehicles, they shall be no less than twenty (20) feet in width.
(g)
Reserved strips. Reserved strips restricting access from adjoining lands to an existing or future street or alley shall not be permitted; provided that nothing herein shall prohibit areas for plantings and landscaping where adequate access to the adjoining lands is otherwise available.
(h)
Access. The principal means of access to a subdivision shall be either a public street or, for townhouse developments pursuant to City Code section 34-388(b), a private street is permissible.
(1)
If a subdivision fronts on a dedicated, but unaccepted right-of-way, then the subdivider shall construct and improve such street in accordance with the requirements specified within this division.
(2)
Throughout the length of a street, including any distance between the boundary of the subdivision and any existing street, the principal means of access shall conform to standards articulated in the Standards and Design Manual.
(i)
Drainage. All drainage improvements shall be in accordance with the Standards and Design Manual.
(j)
Related improvements.
(1)
Streets shall be constructed in accordance with the Standards and Design Manual with public facilities and infrastructure within the dedicated right-of-way where required.
(2)
Sidewalks shall be constructed to approved city standards on both sides of every new street, and the dedicated right-of-way for a public street shall be sufficient to permit installation of the sidewalk within the right-of-way on both sides of such street.
(3)
Where land being subdivided or developed fronts on an existing street, and adjacent property on either side has an existing sidewalk, the subdivider shall construct a sidewalk, and shall dedicate land to the public for such sidewalk, to connect to the existing sidewalk. On a residential lot or a lot containing at least one (1) residential unit, the subdivider or developer thereof may, in the alternative, choose to contribute to a sidewalk fund, maintained and administered by the city, an amount equivalent to the cost of the dedication of land for and the construction of a sidewalk on the property.
(4)
Each sidewalk proposed to be accepted for maintenance by the city shall be marked on a plat as being "dedicated to the city for public use," and where practicable shall be located within the dedicated right-of-way for a public street. Each sidewalk proposed to be privately maintained shall be conveyed to a homeowners association or other private individual or entity, for ownership and perpetual maintenance, and shall be located outside the dedicated right-of-way for a public street. The agent or commission may require that a sidewalk proposed by the subdivider be privately maintained instead of being dedicated to the public, if the agent or commission determines there is not a need for the sidewalks to be publicly owned and maintained.
(5)
The agent or commission may vary or approve exceptions to the sidewalk requirements or other design standards that are the subject of this subparagraph. A request for a variance or exception may be made prior to or with submittal of a preliminary plat. If such a request is made, it shall include: a written statement of the justification for the request. In reviewing a request, the agent or commission shall consider, in addition to the factors set forth within section 29-36, and as may be applicable to the particular request: (i) whether a surface other than concrete is more appropriate for the subdivision because of the character of the proposed subdivision and the surrounding neighborhood; (ii) whether sidewalks on only one (1) side of the street may be appropriate due to environmental constraints such as streams, stream buffers, critical slopes, floodplain, tree cover, or wetlands, or because lots are provided on only one (1) side of the street; (iii) whether the sidewalks reasonably can connect into an existing or future pedestrian system in the area; (iv) whether the length of the street is so short and the density of the development is so low that it is unlikely that the sidewalk would be used to an extent that it would provide a public benefit; (v) whether an alternate pedestrian system including an alternative pavement could provide more appropriate access throughout the subdivision and to adjoining lands, based on a proposed alternative profile submitted by the subdivider; (vi) whether the sidewalks would be publicly or privately maintained; (vii) whether the waiver promotes the goals of the comprehensive plan, including the applicable neighborhood plan; and (viii) whether waiving the requirement would enable a different principle of the neighborhood plan to be more fully achieved.
(4-21-08(1); 5-20-13(3), §§ 1, 2, eff. 7-1-13)
(a)
Prior to approval of a preliminary plat, the agent or commission shall consider whether existing public streets that will serve the subdivision are adequate to accommodate the increase in traffic that may be reasonably expected to result from the development of the subdivision. If the agent or commission determines that the existing streets and/or sidewalks will be inadequate, as detailed in the Standards and Design Manual, it may require that the streets be improved so as to accommodate traffic resulting from the development of the subdivision.
(1)
For purposes of this section, the term "street that will serve the subdivision" shall mean a public street that will provide immediate vehicular access to any lot of the subdivision.
(2)
For purposes of this section, the term "improved to accommodate traffic" shall mean, for any street that will serve the subdivision, improvements on that part of a public street that abuts either the subdivision or that provides access to the subdivision, if the need for the improvements are substantially generated by the development of the subdivision.
(b)
Contributions for off-site street improvements are governed by section 29-230(2).
(4-21-08(1))
(a)
A subdivision within the city served by public water and/or sewerage shall comply with the following requirements:
(1)
Public water and/or sewerage service shall be provided to each lot within the subdivision, consistent with the requirements of Chapter 31 of the City Code and the standards and design manual. Such systems shall be constructed by the subdivider to the point(s) at which they will join public service lines at a property line; however, the agent may grant exceptions to this requirement pursuant to section 29-36 above. In reviewing a waiver request, the agent shall consider the matters set forth within section 29-36 and shall (i) obtain the opinion of the city engineer as to the merits of the waiver request; and (ii) determine whether construction to the boundary lines would unnecessarily disturb significant environmental resources.
(2)
Water and sewer lines, and extensions of water and sewer mains, shall be installed in accordance with the requirements of City Code sections 31-114 and 34-115, and with the standards and design manual and requirements of Chapter 31 of the City Code.
(b)
Public water and sanitary sewer mains shall be located within dedicated public street right-of-way, unless topography renders that impractical. When any such mains must be located on private property, public easements shall be dedicated to allow for the placement of the mains and related facilities, and perpetual access thereto by the city and its authorized agents. Unless otherwise determined to be necessary by the director of public works, such easements shall be no less than twenty (20) feet in width.
(4-21-08(1))
Installation of gas mains shall be governed by the applicable provisions of Chapter 31 of the City Code and the Standards and Design Manual. Where any city-owned gas main or related facilities must be located on private property, a public easement shall be dedicated to allow for the placement of the mains and related facilities and perpetual access thereto by the city and its authorized agents.
(4-21-08(1))
(a)
Every development shall be designed so that construction of buildings, structures, public facilities and other site-related improvements will minimize disturbance of natural drainage areas and critical slopes. Structures necessary to ensure stability of critical slopes shall be provided.
(b)
Every development will be designed to achieve state and local requirements for post-development stormwater management, including measures addressing both the quantity and quality of stormwater, as set forth within Chapter 10 of the City Code and the Standards and Design Manual.
(4-21-08(1); 5-19-14, § 1, eff. 7-1-14)
No final plat shall be approved by the agent without verification from the city's fire code official that adequate capability exists to provide adequate fire protection to serve the subdivision, including required fire flows. Fire hydrants and distribution systems shall be installed and constructed by the subdivider in accordance with applicable requirements of the USBC and the USFPC; additionally, hydrant locations and fire flow requirements shall be as prescribed by Insurance Service Offices (ISO) standards, subject to approval by the fire department.
(4-21-08(1))
All utilities, including but not limited to wires, cables, pipes, conduits and appurtenant equipment for electricity, gas, water, sewer, telephone or similar service, shall be located within a subdivision as follows:
(1)
Each utility shall be located, to the extent practicable, in a manner that conforms to the natural topography, minimizes the disturbance of critical slopes and natural drainage areas, and allows vehicular and pedestrian interconnections within the subdivision and existing or future development on adjoining lands.
(2)
All new utilities shall be located underground except the following, which may be located above-ground: (i) equipment, including electric distribution transformers, switch gear, meter pedestals, telephone pedestals, outdoor lighting poles or standards, radio antennae and associated equipment, which is, under accepted utility practices, normally installed aboveground; (ii) meters, service connections, and similar equipment normally attached to the outside wall of a utility customer's premises; and (iii) satellite dishes. The agent or commission may grant variances or exceptions to the undergrounding requirements of this paragraph pursuant to section 29-36 above. In addition to the factors set forth within section 29-36 the agent or commission in reviewing any such request shall consider whether the requirement would unreasonably impact the existing above-ground utility network to an extent that extensive off-site improvements would be necessary.
(3)
No utility easements or facilities, other than those of city-owned and operated utilities, shall be located within the right-of-way for any public street, except upon the approval by city council of a franchise ordinance, or the city manager acting as its agent, in accordance with Va. Code § 15.2-2100 et seq. If the owner of any subdivision desires to construct in, on, under, or adjacent to any public streets located in the subdivision any gas, water, sewer or electric light or power works, pipes, wires, fixtures or systems, they shall present plans or specifications to the city engineer for approval. The city council, or the city manager acting as its agent, shall have forty-five (45) days in which to approve or disapprove the plans. In the event of the failure of city council, or the city manager acting as its agent, to act within such period, the plans and specifications may be submitted, after ten (10) days' notice to the agent, to the city's circuit court for its approval or disapproval.
(4)
Installation of utilities in or adjacent to the right-of-way shall be performed in a manner that will not preclude the installation of street trees or required landscaping.
(5)
Where appropriate, a subdivider shall convey common or shared easements to: (i) franchised cable television operators furnishing cable television, and (ii) public service corporations furnishing cable television, gas, telephone and electric service to the proposed subdivision. Such easements (the location of which shall be adequate for use by public service corporations and franchised cable television operators which may be expected to occupy them) shall be conveyed by reference on the final plat to a declaration of the terms and conditions of such common or shared easements recorded in the city's land records. All such easements shall be located outside of the public street right-of-way, except as otherwise specifically approved by city council in accordance with Va. Code § 15.2-2100 et seq.
(4-21-08(1))
Each plat may be approved on the condition that the subdivider contributes a pro rata share of the cost of the following off-site improvements:
(1)
Each subdivider shall pay to the city his pro rata share of the cost of providing reasonable and necessary sewer, water and drainage improvements not located on the property, if such improvements are necessitated or required, at least in part, by the construction or improvement of the subdivision, provided that: (i) no payment shall be required until the city establishes a general sewer, water and drainage improvement program for an area having related and common sewer, water and drainage conditions and within which the property is located or the city council has committed itself by ordinance to the establishment of such a program; and (ii) the program complies with the requirements of Va. Code § 15.2-2243.
(2)
Each subdivider may voluntarily contribute, and the city council may accept, funds for reasonable and necessary off-site street improvements, the need for which is substantially generated and reasonably required by the construction or improvement of the subdivision. The determination of whether the need for an improvement is substantially generated and reasonably required by the subdivision shall be made by city council. In determining whether the need for an improvement is substantially generated by the subdivision, the city council shall consider whether: (i) the impact of the subdivision would create a threat to the public health, safety or welfare if not addressed by the improvement; (ii) the street improvement is identified in the city's capital improvement program; (iii) the street improvement is identified in the comprehensive plan as a needed or desired improvement; and (iv) the need generated is more than an incremental effect that would otherwise result, as determined by annual population growth, vehicular traffic or other relevant criteria.
(4-21-08(1))
(a)
The agent or commission shall require a subdivider to dedicate to the city for public use every easement and right-of-way located within the subdivision or section thereof, which has constructed or proposed to be constructed therein any public street, curb, gutter, sidewalk, bicycle trail, drainage or sewerage system, waterline as part of a public system, or other improvement dedicated for public use and to be maintained by the city or another public agency, as follows:
(1)
The city council shall not be required to compensate the subdivider for any such dedicated land or improvements.
(2)
The land and improvements to be dedicated shall be set apart on the final plat and shall be identified by a note on the plat stating that the land is dedicated for public use.
(3)
When a subdivision abuts one (1) side of an existing or platted street, the subdivider shall dedicate at least one-half (½) of the right-of-way necessary to make the street comply with the minimum width required for the street as designated in the Standards and Design Manual.
(b)
The agent or commission shall require each subdivider to dedicate to the city for public use all water and sewerage facilities designed, constructed and approved to be dedicated as public water and sewerage systems, and shall require each subdivider to establish an easement on the land appurtenant to such facilities, extending to any abutting property owned by the subdivider, if the facilities are required by this chapter, as follows:
(1)
The city council shall not be required to compensate the subdivider for the dedicated facilities or the establishment of any easement.
(2)
The facilities to be dedicated and any easement to be established shall be specifically identified and set apart on the final plat and shall be identified by a note on the plat stating that the facilities are dedicated to, and the easement is established for, the City of Charlottesville.
(3)
All final plats containing proposed public easements shall expressly reference a declaration of the terms and conditions of such public easements recorded with the subdivision plat in the city's land records.
(c)
The agent or commission shall require each subdivider to establish easements for facilities for stormwater management and drainage control, as follows:
(1)
An easement for all stormwater management facilities and drainage control improvements located on the property shall be established whenever the improvement is designed and/or constructed beyond a street right-of-way or access easement and shall extend from all drainage outfalls to an adequate channel that satisfies minimum standards established by the Virginia Department of Environmental Quality or the State Water Control Board, to the boundary of the property.
(2)
An easement shall be established along every natural stream, natural drainage area to be preserved, and every manmade waterway located on the property.
(3)
The area of each required easement shall be sufficient, as determined by the city engineer, to: (i) accommodate the facilities and the drainage characteristics from each drainage outfall from a drainage control, (ii) allow access to a natural stream or manmade waterway to allow widening, deepening, relocating, improving, or protecting the natural stream or manmade waterway for drainage purposes, and (iii) to meet applicable standards and requirements set forth within Chapter 10 and the Design and Standards Manual.
(4)
Each required easement shall include a right of ingress and egress for installation, maintenance, operation, repair and reconstruction of any improvement within the easement. The agent or commission may require that an easement be provided through abutting land under the same ownership as the property.
(5)
The city council shall not be required to compensate the subdivider for any easement or any improvements thereon.
(6)
All final plats containing proposed public easements shall expressly reference a declaration of the terms and conditions of such public easements recorded with the subdivision plat in the city's land records.
(7)
No easement shall be considered part of any required street width.
(4-21-08(1); 5-19-14, § 1, eff. 7-1-14)
A subdivider may dedicate to the city any land within the subdivision that is suitable for parks, open space, stormwater management facilities and other public facilities, utilities and other public or semipublic uses, as follows:
(1)
The city council shall not be required to compensate the subdivider for the land dedicated if the dedication is a gift, required by a proffer as part of a conditional rezoning, required as a condition of a special use permit, variance or other approval, or if the need for the land is substantially generated by the subdivision. The determination of whether the need for land is substantially generated by the subdivision shall be made in the manner prescribed by section 29-230(2).
(2)
Land dedicated under this section shall be set apart on the final plat and shall be identified by a note on the plat stating that the land is dedicated for public use. The proposed dedication shall be subject to review as to consistency with the City's Comprehensive Plan, as required by Code of Virginia § 15.2-2232.
(3)
A subdivider's proposed dedication of a stormwater management facility shall be reviewed and governed by the provisions of City Code section 10-56. No such dedication shall be accepted unless and until the city receives a financial guarantee, in the form of a bond or like surety, in an amount sufficient for and conditioned upon the construction of such stormwater management facilities in accordance with the standards and requirements set forth within Chapter 10 and the Design and Standards Manual.
(4-21-08(1); 5-19-14, § 1, eff. 7-1-14)
A subdivider may reserve for future dedication to the city a part of the property suitable for parks, schools, open space and other public facilities, utilities and other public or semipublic uses, as follows:
(1)
The city council shall not be required to compensate the subdivider for the reservation of land if the dedication is a gift, required by a proffer as part of a conditional rezoning, required as a condition of a special use permit, variance, or other approval, or if the need for the land is substantially generated by the subdivision. The determination of whether the need for the land is substantially generated by the subdivision shall be made in the manner prescribed by section 29-230(2).
(2)
Land reserved under this section shall be set apart on the final plat and shall be identified by a note on the plat stating that the land is reserved for future dedication for public use.
(3)
The subdivider may petition the city council to release a reservation if the land is not used for a public purpose, using the procedure set forth within section 29-38 for vacation of a plat.
(4)
Nothing in this section precludes land being reserved for a public use which is not included in the comprehensive plan, provided the land is acceptable to the city for reservation.
(4-21-08(1))
The recording of a final plat shall transfer dedicated land and improvements and shall establish certain easements, as follows:
(1)
Recordation shall operate to transfer, in fee simple, to the city that portion of the land set apart on the plat and dedicated for public use.
(2)
Recordation shall operate to transfer to the city any easement set apart on the plat and dedicated to public use to create a public right of passage over the property.
(3)
Recordation shall operate to transfer to the city, in fee simple, the water and sewer facilities, and related easements, set apart on the plat and dedicated for public use.
(4)
Recordation shall operate to terminate and extinguish all rights-of-way, easements or other interests of the city in the property not shown on the plat, except that an interest acquired by the city by eminent domain, by purchase for valuable consideration and evidenced by a separate instrument of record, or streets, alleys or easements for public passage subject to the provisions of Va. Code §§ 15.2-2271 or 2272.
(5)
Recordation shall not constitute acceptance of any improvement by the city. Acceptance shall occur pursuant to Article VI, section 29-260, subsection (e) below.
(4-21-08(1))
(a)
A developer shall either (i) complete all site-related improvements required by this chapter prior to issuance of the first certificate of occupancy for any building within a development, or (ii) execute a written agreement with the city to complete the construction of all such site-related improvements within a period of time set forth within such agreement, relative to a specified plan for phasing of the proposed development. In either case: prior to issuance of any building permit, and prior to issuance of any permit authorizing any land disturbing activity within the development, the developer shall provide a financial performance guarantee for completion of the site-related improvements, as set forth within paragraph (c), below. For the purposes of this section, the term "site-related improvements" means the following facilities: every public street, curb, gutter sidewalk, bicycle trail, drainage or sewerage system, waterline as part of a public system, or other improvement dedicated for public use and proposed to be maintained by the city or another public agency; and other improvements required by this chapter, and to be financed in whole or in part by private funds, for: vehicular ingress and egress, including traffic signalization and control, for public access streets, for structures necessary to ensure stability of critical slopes, and for stormwater management facilities.
(b)
Upon completion of required site-related improvements, a developer shall submit to the agent a certificate of completion prepared by a professional engineer or a land surveyor, and the developer shall also submit his or her own certification to the agent that all of the construction costs for the improvements, including those for materials and labor, have been paid to the person(s) constructing the improvements.
(c)
Every final plat approval shall be conditioned upon compliance with all of the requirements of this section. Prior to such final approval, and prior to the agent's signature of the final plat, the agent shall obtain the subdivider's written acknowledgement of the obligation and applicable time period for completing construction of the site-related improvements. The obligation to complete construction of all site-related improvements in accordance with city requirements, standards and specifications, and within the applicable time period, shall be backed by an adequate performance guarantee, established as follows:
(1)
A developer shall furnish to the agent a financial guarantee, which shall be one (1) of the following: (i) a certified check or cash escrow; (ii) a personal, corporate or property bond, with surety satisfactory to the city; (iii) a contract for the construction of such facilities and the construction contractor's bond, with like surety; or (iii) a bank or savings institution's letter of credit on certain designated funds satisfactory to the city as to the bank or savings institution, the amount and the form. Each financial guarantee shall be in an amount equal to the estimated cost of construction of the site-related facilities, based on unit prices for new public or private sector construction within the city, plus a reasonable allowance for estimated administrative costs, inflation, and potential damage to existing roads or utilities, which shall not exceed 25% percent of the estimated construction costs. Every financial guarantee shall be conditioned upon completion of construction of the site-related improvements in accordance with city ordinances, regulations and standards, within the time period applicable under paragraph (a) of this section.
(2)
If a subdivider records a final plat which may be a section of a subdivision as shown on an approved preliminary plat, and furnishes to the governing body at the same time a certified check, cash escrow, bond, or letter of credit, in such amount and conditioned as specified within paragraph (c)(1), above, to ensure completion of construction of site-related facilities be dedicated for public use within that section, then the subdivider shall have the right to record the remaining sections shown on the preliminary subdivision plat for a period of five (5) years from the recordation date of the first section, or for such longer period as the agent may, at the time of approval of the plat for the first section, determine to be reasonable, taking into consideration the size and phasing of the proposed development, subject to the terms and conditions of this subsection and subject further to engineering and construction standards and zoning requirements in effect at the time that each remaining section is recorded. The amount of the financial guarantee for site-related improvements in each subsequent section shall be established, and such financial guarantee shall be provided by the developer to the agent, prior to issuance of any building permit or any other permit authorizing land disturbing activity within that section.
(d)
The city shall provide periodic partial release, and final complete release, of any bond, escrow, letter of credit, or other performance guarantee required by the city under this article, within thirty (30) days after receipt of written notice by the subdivider of completion of part or all of any public facilities required to be constructed hereunder, unless the director of neighborhood development services notifies the subdivider in writing, prior to the expiration of the thirty-day period, of any grounds preventing the city's approval or acceptance of the facilities and of any specified defects or deficiencies in construction and suggested corrective measures.
(1)
Requests for partial or final release(s) of performance guarantees shall be in writing and accompanied by as-built drawings, certified by a professional engineer licensed by the Commonwealth of Virginia, certifying that construction of the improvements and facilities that are the subject(s) of such performance guarantees is in substantial conformity with the approved final subdivision plat and applicable city standards. An engineer's certification pertaining to construction of street improvements shall also certify that on-site typical pavement sections are consistent with the approved design specifications and that standard pavement construction practices were followed.
(2)
Requests for partial or final release(s) of performance guarantees shall be processed by the city in accordance with the requirements of Va. Code § 15.2-2245.
(3)
If the agent fails to take written action within the thirty-day period on a request for partial release, the request shall be deemed approved and a partial release shall be granted. No final release shall be granted until after expiration of the thirty-day period and an additional request in writing is sent by certified mail return receipt to the city manager. The agent shall act within ten (10) working days of receipt by the city manager of any such request; if the agent fails to act, then the request shall be deemed approved and final release shall be granted to the subdivider.
(e)
For the purposes of this chapter, a public improvement shall be deemed to be accepted when it is formally accepted by city council and taken over for operation and maintenance by the city, as evidenced by a resolution of city council. Nothing in this chapter, including the approval of a final plat, shall obligate the city to accept and take over for operation and maintenance any improvements completed by a subdivider as required by this chapter. Acceptance or approval of an improvement shall be made only if the improvement satisfies all applicable statutes, regulations, ordinances, guidelines, design and construction standards for acceptance or approval of the improvement, upon completion of inspections by the city.
(f)
All site-related improvements required by this chapter shall be completed at the expense of the subdivider, except where the subdivider and the city enter into a cost-sharing or reimbursement agreement prior to final plat approval. The city shall not be obligated to maintain, repair, replace or reconstruct any improvement required by this chapter. Nothing in this chapter obligates the city to pay any costs arising from any improvement, unless the city has a recorded ownership interest in the improvement, evident from an inspection of the city's land records, or has otherwise agreed in writing to maintain, repair, replace or reconstruct the improvement.
(4-21-08(1); 5-19-14, § 1, eff. 7-1-14)
(a)
Submittal of a preliminary or final plat by a subdivider shall constitute consent by the subdivider to all officers and employees of the city, and any state department or agency, to enter upon the property at all reasonable times for the purpose of making periodic inspections related to the review of the preliminary and final plat for compliance with this chapter and applicable state laws and regulations.
(b)
The subdivider shall provide at least five (5) days' prior notice to the city engineer when each stage of construction and improvement of the subdivision is ready for inspection.
(c)
Any inspection of public improvements shall be conducted solely to determine compliance with the requirements and specifications provided by law and the approved plat.
(4-21-08(1))
There is hereby imposed, on and after January 1, 1979, for tax year 1979 and each year thereafter, pursuant to the authority of Code of Virginia, chapter 34 (§ 58.1-3400 et seq.) of title 58.1, a service charge upon the owners of all property of record as of December 31, 1978, and December 31 of each succeeding year, exempted from such taxation under sections 58.1-3600 et seq. of such code, except those classes of such property exempted from such service charge by sections 58.1-3400—58.1-3407; provided that, until further action of the city council there are hereby exempted from such service charge all other classes of nontaxable property, except property standing in the name of the commonwealth and of departments, boards, agencies and institutions thereof; and provided, further, that such service charge shall not be applicable to public roadways or property held for future construction of such roadways.
(Code 1976, § 10-70)
The city assessor of real estate shall annually calculate the service charge imposed by section 30-1 and applicable to each property based upon the assessed value thereof, the real estate tax rate established by the city council for taxable properties for the tax year and the city's expenditure for allowable services for the preceding fiscal year, in the manner and subject to the maximum limitations set forth in Code of Virginia, chapter 34 of title 58.1 (§ 58.1-3400 et seq.), or other applicable state law, and shall certify such calculations to the city treasurer on or before May first of each year. The treasurer shall bill the owners of such property for and shall collect such service charge on the same due dates and in the same manner and subject to the same penalties and interest as are applicable to real estate taxes as set forth in this chapter.
(Code 1976, § 10-71)
The city assessor of real estate shall annually notify the owners or officers in control of properties subject to the service charge imposed by section 30-1 of his determination of the value of such property, in the same manner as is utilized to so notify the owners of taxable property, and any person aggrieved by such annual valuation or by the assessor's assessment of the service charge may apply to the assessor for hearing and correction of the same in accordance with the procedure set forth within section 30-73 of this chapter. If the assessor determines the valuation or assessment to be erroneous he shall correct it.
(Code 1976, § 10-72; 1-5-04(2), § 1)
State Law reference— Similar provisions § Va. Code § 58.1-3400; § 58.1-3984.
(a)
Any corporate, partnership or limited liability company officer who willfully fails to pay, collect, or truthfully account for and pay over any tax imposed by this chapter, or who willfully attempts in any manner to evade or defeat any such tax or the payment thereof, shall, in addition to other penalties provided by law, be liable for a penalty of the amount of the tax evaded or not paid, collected, or accounted for and paid over, to be assessed and collected in the same manner as such taxes are assessed and collected.
(b)
The term "corporate, partnership or limited liability company officer" as used in this section means an officer or employee of a corporation, or a member, or employee of a partnership or member, manager or employee of a limited liability company who, as such officer, employee, member or manager, is under a duty to perform, on behalf of the corporation, partnership or limited liability company, the act in respect of which the violation occurs and who: (i) had actual knowledge of the failure or attempt as set forth herein; and (ii) had authority to prevent such failure or attempt.
(11-1-99(1))
(a)
If any tax owed pursuant to this chapter is not paid on or before its due date, then, except as may otherwise be limited by state law, interest at the rate of ten (10) percent per annum shall be charged on the principal sum and penalties, if any, of all taxes owed, from the due date until the date paid. Such interest shall be applied to late payments of taxes overdue for more than thirty (30) days, except as provided in section 30-164.
(b)
If any tax owed pursuant to this chapter is not paid on or before its due date, then, except as may otherwise be limited by state law, interest at the rate of ten (10) percent per annum shall be charged on the principal sum and penalties, if any, of all taxes owed, commencing on the first day following the day such tax is due, until the date paid in full. Such interest shall be applied to late payments of taxes overdue for more than thirty (30) days, except as provided in section 30-164. Interest for failure to pay a tax shall not be imposed if such failure was not the fault of the taxpayer, or was the fault of the commissioner of the revenue or the treasurer, as the case may be. The failure to pay a tax due to the death of the taxpayer or a medically determinable physical or mental impairment on the date the tax is due shall be presumptive proof of lack of fault on the taxpayer's part; provided the tax is paid within thirty (30) days of the due date. If there is a committee, legal guardian, conservator or other fiduciary handling the individual's affairs, such return shall be filed or such taxes paid within one hundred twenty (120) days after the fiduciary qualifies or begins to act on behalf of the taxpayer. Any such fiduciary shall, on behalf of the taxpayer, by the due date, file any required returns and pay any taxes that come due after the one hundred twenty-day period. The treasurer shall make determinations of fault relating exclusively to failure to pay a tax, and the commissioner of the revenue shall make determinations of fault relating exclusively to file a return.
(c)
No interest shall be paid on a refund, or charged on a late payment, provided the refund or the late payment is made not more than thirty (30) days from the date of the payment that created the refund or the due date of the tax, whichever date is later.
(d)
For the purposes of this chapter, an erroneous assessment means a tax assessment that is incorrect, due to an error made by the city's commissioner of revenue or other city official or city employee charged with assessing, levying or calculating the amount of any tax imposed by this chapter.
(e)
Interest shall not be paid on any refund that is not the result of an erroneous assessment. For the purposes of this chapter, refunds which are not the result of an erroneous assessment include, but are not necessarily limited to: (i) refunds which are the result of proration pursuant to 58.1-3516 of the Code of Virginia (1950), as amended, or any city ordinances enacted pursuant thereto, and (ii) refunds resulting from taxes submitted to the city by third parties pursuant to article VIII of this chapter.
(6-19-00(2); 11-7-05(1), § 2; 12-18-06(1), § 2)
(a)
Any person, firm or corporation assessed by a city official with any local tax authorized by this chapter, and who is aggrieved by any such assessment, may apply to the official who made the assessment for a correction thereof. Such applications shall be governed by the standards and requirements of Chapter 39, Article 5 (§ 58.1-3980 et seq.) of Title 58.1 of the Virginia Code, as may be applicable to the tax in question. Any person assessed with local taxes, aggrieved by any such assessment, may, unless otherwise specifically provided by law, apply for relief to the city's circuit court as provided within § 58.1-3984 of the Code of Virginia.
(b)
In the event that the assessing official determines that he has erroneously assessed an applicant with a local tax, he shall exonerate the applicant from the payment of so much as is erroneously charged, if not already paid into the city treasury. If the assessment has been paid, the city council shall, upon the certificate of the assessing official with the consent of the city attorney that such assessment was erroneous, direct the city treasurer to refund the excess to the taxpayer, with interest if authorized by law. However, the city treasurer is hereby authorized to approve and issue, without the above-referenced certificate, any refund up to two thousand five hundred dollars ($2,500.00) resulting from an erroneous assessment.
(1-5-04(2), § 1; 11-15-04(1), § 3)
(a)
For the purposes of this article the term "tangible personal property" shall have the meaning set forth within Virginia Code § 58.1-3500.
(b)
Tangible personal property shall be subject to the city's annual tax levy and shall be annually assessed by the commissioner of revenue. Tangible personal property shall be classified for the purposes of valuation and local taxation in accordance with Virginia Code § 58.1-3503, § 58.1-3506, § 58.1-3507, § 58.1-3508, § 58.1-3508.1 and § 58.1-3508.2. The rates of tax and the rates of assessment applicable to the property classifications referenced in this paragraph, shall not exceed the limits imposed by Virginia Code §§ 58.1-3506(B) and (C); 58.1-3507; 58.1-3508; 58.1-3508.1, § 58.1-3508.2, or any other applicable state law.
(Code 1976, § 10-18.1; 11-6-89, § 1; 11-15-04(1), § 4; 11-7-05(1), § 3)
State Law reference— Local taxation of tangible personal property, Code of Virginia, § 58.1-3500 et seq.; provisions similar to above section, § 58.1-3503.
(a)
All categories of tangible personal property other than those listed in section 30-31, including, without limitation, household goods and personal effects, domestic and farm animals, agricultural products and farm machinery and implements, are exempted from city taxation.
(b)
Motor vehicles owned or leased by any church, religious association or religious denomination operated exclusively on a nonprofit basis for charitable, religious or educational purposes, which motor vehicles are used predominantly for charitable, religious or educational purposes, are exempted from city taxation under this chapter. For the purposes of this section, property of a church, religious association or religious denomination owned or leased in the name of a duly designated ecclesiastical officer or trustee shall be deemed to be owned by such church, association or denomination.
(c)
Notwithstanding the provisions of subsection (a) of this section, household appliances in rental property, including, without limitation, refrigerators, stoves, ranges, microwave ovens, dishwashers, trash compactors, clothes dryers, washing machines, garbage disposals and air conditioning units are deemed to be fixtures and shall be assessed as part of the real property in which they are located.
(Code 1976, § 10-18.1; 6-19-00(2))
State Law reference— Authority for above exemptions, Code of Virginia, §§ 58.1-3504, 58.1-3505.
(a)
Machinery and tools, except machinery and equipment used by farm wineries as defined in § 4.1-100 of the Code of Virginia, that are used in manufacturing, mining, water well drilling, processing or reprocessing, radio or television broadcasting, cable television, dairy, dry cleaning or laundry businesses are a separate classification for tax purposes, and shall be annually assessed by the commissioner of revenue and subjected to an annual levy at a rate equal to that applied to the general class of tangible personal property. All such machinery and tools shall be valued by means of depreciated cost or a percentage of original total capitalized cost, excluding capitalized interest.
(b)
Motor vehicles owned by such businesses that are registered with the state department of motor vehicles and owned by persons engaged in the businesses listed within subsection (a), above, shall be taxed under section 30-31 of this article as tangible personal property. All other vehicles and delivery equipment owned by persons engaged in such businesses shall be taxed as machinery and tools under this section.
(Code 1976, § 10-18.2; 11-15-04(1), § 4; 11-7-05(1), § 3)
State Law reference— Machinery and tools referred to above segregated for local taxation, Code of Virginia, § 58.1-3507.
(a)
All tangible personal property, machinery and tools subject to city taxation, except as provided under section 30-38, shall be returned for taxation and assessed as of January first of each year, and the status of all such taxpayers fixed as of that date.
(b)
Tangible personal property, and machinery and tools shall be taxable by the city in any year if they are physically present within the corporate limits as of January first.
(c)
The situs for purposes of assessment of motor vehicles, travel trailers, boats and aircraft shall be the city, if they are normally garaged, parked or otherwise physically kept in the city as of January first, or other appropriate situs date as provided under section 30-38; however, (i) the situs for vehicles with a weight of ten thousand (10,000) pounds or less registered in Virginia but normally garaged, docked or parked in another state shall be the locality in Virginia where registered, and (ii) if the owner of a business files a return pursuant to § 58.1-3518 of the Virginia Code for any vehicle with a weight of ten thousand (10,000) pounds or less registered in Virginia and used in the business with the locality from which the use of such vehicle is directed or controlled and in which the owner's business has a definite place of business, as defined in § 58.1-3700.1, the situs for such vehicles shall be such locality, provided the owner has sufficient evidence that he has paid the personal property tax on the business vehicles to such locality.
(1)
In the event it cannot be determined where a motor vehicle, travel trailer, boat or aircraft is normally parked, garaged or kept, the situs for taxation shall be the domicile of the owner. Any person domiciled in another state, whose motor vehicle is principally garaged or parked in the City of Charlottesville during the tax year, shall not be subject to a personal property tax on such vehicle upon a showing of sufficient evidence that such person has paid a personal property tax on the vehicle in the state in which he is domiciled. In the event the owner of a motor vehicle is a full-time student attending an institution of higher education, the situs shall be the domicile of such student, provided the student has presented sufficient evidence that he has paid a personal property tax on the motor vehicle in his domicile.
(2)
Any person who shall pay a personal property tax on a motor vehicle to the City of Charlottesville and a similar tax on the same vehicle in the state of his domicile, or in the state where such motor vehicle is normally garaged, docked, or parked, may apply to the city for a refund of such tax payment. Upon a showing by the taxpayer of sufficient evidence that he has paid the tax for the same year in the state in which he is domiciled, the city will refund the amount of such payment.
(Code 1976, § 10-18.3; 5-21-90, § 1; 12-7-98(1); 1-5-04(2), § 2)
State Law reference— Similar provisions, Code of Virginia, §§ 58.1-3511, 58.1-3515.
(a)
On or before January thirty-first of each year, every owner of tangible personal property or machinery and tools subject to taxation shall file with the commissioner of revenue, on forms prescribed by the commissioner, an itemized list of such property with such descriptions, valuations and cost figures as the form shall require, except as provided in paragraph (b), below. The commissioner shall mail forms to all persons believed to own such property in the city, prior to January first. Lessees of taxable property shall file returns listing the name and address of the owner. For motor vehicles and trailers which acquire a situs in the city after January first of any tax year, as provided under section 30-38, the owner of such motor vehicles and trailers shall file a return with the commissioner within thirty (30) days of the date of the establishment of situs within the city.
(b)
Motor vehicles, trailers, and boats shall be subject to annual assessment and taxation, based on a previous personal property tax return filed by the owner or owners of such property. For those whose name or address has not changed since a previous filing, and whose personal property has had no change in status or situs, the assessment and taxation of property shall be based on the most recent tax return previously filed with the city. The owner of a motor vehicle, trailer, or boat shall request and shall file a new personal property tax return with the city, whenever there is: (i) a change in the name or address of the owner; (ii) a change in the situs of the property; (iii) any other change affecting the assessment or levy of the personal property tax on motor vehicles, trailers, or boats for which a tax return has been filed previously; or (iv) any change in which a person acquires one (1) or more motor vehicles, trailers, or boats and for which no personal property tax return has been filed with the city.
(c)
If any person liable to file a return of any of the subjects of taxation mentioned in this chapter neglects or refuses to file such return for any year within the time prescribed, the commissioner of the revenue shall, from the best information he can obtain, enter the fair market value of such property and assess the same as if it had been reported to him.
(Code 1976, § 10-18.4; 5-21-90, § 1; 10-17-05, § 2; 11-7-05(1), § 3)
State Law reference— Duty of taxpayers to file returns, Code of Virginia, § 58.1-3518.
If a taxpayer liable for taxes on tangible personal property or machinery and tools neglects or refuses to file a return for such property within the time prescribed, the commissioner of revenue shall determine the fair market value of such property from the best information available and assess the same for taxes pursuant to Code of Virginia, section 58.1-3519.
(Code 1976, § 10-18.6)
(a)
Based on the returns filed and such statutory assessments as may be necessary, the commissioner of revenue shall prepare property books, in the form prescribed by the state department of taxation, showing the assessed value of all taxable tangible personal property and machinery and tools and the taxes levied thereon. The commissioner of the revenue shall retain in his office the original personal property book.
(b)
Within ninety (90) days from the date the rate of tax on personal property has been determined the commissioner of the revenue shall deliver one (1) certified copy of the personal property book to the treasurer of his county or city and, if requested by the department in writing, to the department of taxation. The department of taxation may, for good cause, extend the time of delivery for such books. Thereafter, the commissioner may prepare such supplements to the book as may be necessary and forward them to the treasurer and department of taxation, if requested by the department. The personal property books may be produced in the form of microfilm, microfiche, any other similar micro-photographic process, or by electronic means, and shall be distributed as designated in that form so long as such process complies with standards adopted pursuant to regulations issued under § 42.1-82 of the Virginia Code and is acceptable to and meets the requirements of the recipients designated by this section. The treasurer and the commissioner of the revenue need not preserve copies of the personal property book for a period of longer than six (6) years following the tax year to which such book relates.
(Code 1976, § 10-18.7; 11-1-99(1))
(a)
The tangible personal property tax shall be levied upon motor vehicles and trailers which acquire a situs within the city after January first of any tax year for the remaining portion of the tax year.
(b)
When any motor vehicle or trailer loses its situs in the city or changes ownership after January first of the tax year, any tax assessed on such vehicle shall be relieved, and any amount of the tax already paid shall be refunded, on a prorated basis for the remaining portion of the tax year, provided, however, that no refund shall be made if the motor vehicle or trailer acquires a situs within the commonwealth in a nonprorating locality. The taxpayer must make an application for such relief and refund within three (3) years from the last day of the tax year during which the taxable property lost situs or changed ownership. Any refund shall be made within thirty (30) days of the date such tax is relieved.
Any person who moves to the city from a nonprorating locality in a single tax year shall be entitled to a personal property tax credit if (i) the person was liable for personal property taxes on a motor vehicle and has paid those taxes to a nonprorating locality and (ii) the owner replaces for any reason the original vehicle upon which taxes were due to the nonprorating locality for the same tax year. The owner shall be entitled to a credit against the total tax due on the replacement vehicle in an amount equal to the tax paid to the nonprorating locality for the period of time commencing with the disposition of the original vehicle and continuing through the close of the tax year in which the owner incurred tax liability to the nonprorating locality for the original vehicle.
(c)
Whenever a motor vehicle or trailer with a situs in the city is sold or title is otherwise transferred to a new owner within the city, the new owner shall be subject to taxation on a prorated basis for the remaining portion of the tax year. The previous owner shall be eligible for relief and refund as provided by paragraph (b) of this section.
(d)
For the purposes of this section, proration shall be determined on a monthly basis. A period of more than one-half of a month shall be counted as a full month and a period of less than one-half of a month shall not be counted.
(e)
The city treasurer may apply any refunds under this section to any delinquent accounts owed by the taxpayer. In addition, a refund may be credited, at the option of the taxpayer, against the tax due on any other motor vehicle or trailer owned by the taxpayer during the same tax year.
(f)
A motor vehicle or trailer is exempt from taxation under this section for any tax year or portion thereof during which it was legally assessed by another jurisdiction in the Commonwealth and on which the tax has been paid.
(5-21-90, § 1; 1-4-93)
(a)
Motor vehicles owned or leased by members of a volunteer rescue squad or fire department which meet the criteria set forth in this section shall constitute a class of property separate from other classifications of tangible personal property.
(b)
Qualified property is limited to one (1) motor vehicle as defined in Code of Virginia § 46.2-100 that is (i) owned and registered or partially owned and registered with the Virginia Department of Motor Vehicles by the qualifying volunteer rescue squad or fire department member, or (ii) leased by the volunteer rescue squad or fire department member, if the member is obligated by the terms of the lease to pay tangible personal property tax on the motor vehicle. Qualification may not be transferred from one vehicle to another during the tax year.
(c)
The volunteer member must furnish to the commissioner of revenue, a certification of the chief or head of the volunteer organization, certifying that the volunteer is a member of the volunteer rescue squad or organization who regularly responds to calls or regularly performs other duties for the rescue squad or fire department, and identifying the specific motor vehicle owned or leased by the volunteer member. The certification shall be submitted by January 31 of each year to the commissioner of revenue; however, the commissioner of revenue shall be authorized, in his discretion, and for good cause shown (without fault on the part of the volunteer member) to accept a certification after the January 31 deadline.
If two (2) volunteer rescue squad or fire department members are members of the same household, that household shall be allowed no more than two (2) special classifications under this subsection.
(e)
The effective tax rate for the first four thousand five hundred dollars ($4,500.00) of assessed value shall be set at $0.00 and the balance of the assessed value shall be set at the general personal property tax rate.
(5-18-92; 8-17-92; 11-15-04(1), § 4)
Editor's note— An ordinance adopted Nov. 15, 2004, § 4, repealed § 30-40, which pertained to appeals and rulings of certain local business taxes. See also the Code Comparative Table.
Editor's note— An ordinance adopted Nov. 15, 2004, § 4, repealed § 30-41, which pertained to application of correction. See also the Code Comparative Table.
(a)
The purpose of this division is to provide for the implementation of changes to the PPTRA effected by the General Assembly in 2004 and 2005.
(b)
Terms used in this division that have defined meanings set forth in the PPTRA shall have the same meanings as set forth in Va. Code § 58.1-3523.
(c)
To the extent that the provisions set forth within this division conflict with any prior ordinance or provision of the Charlottesville City Code, the provisions set forth within this division shall control.
(11-7-05(2))
(a)
For the tax year commencing January 1, 2006, and each tax year thereafter, the city hereby elects to compute tax relief as a specific dollar amount to be offset against the total taxes that would otherwise be due, but for PPTRA, and the reporting of such specific dollar relief on the tax bill, as authorized by the 2005 Appropriations Act, Item 503(E).
(b)
The city council shall annually, by resolution, set the rate of tax relief at such a level that it is anticipated fully to exhaust the PPTRA relief funds provided to the city by the commonwealth.
(c)
Personal property tax bills shall set forth on their faces the specific dollar amount of relief credited with respect to each qualifying vehicle, together with an explanation of the general manner in which relief is allocated.
(11-7-05(2))
(a)
Allocation of PPTRA relief among taxpayers shall be provided in accordance with the general provisions of this section, to be implemented annually by the city.
(b)
Relief shall be allocated by the city in such as manner as to eliminate personal property taxation of each qualifying vehicle with an assessed value of one thousand dollars ($1,000.00) or less.
(c)
Relief with respect to qualifying vehicles with assessed values of more than one thousand dollars ($1,000.00) shall be provided at a rate, annually fixed by the city and applied to the first twenty thousand dollars ($20,000.00) in value of each such qualifying vehicle, that is estimated fully to use all available state PPTRA relief.
(11-7-05(2))
(a)
Pursuant to authority conferred in the 2005 Appropriations Act, Item 503(D), the city treasurer is authorized to issue a supplemental personal property tax bill, in the amount of one hundred (100) percent of the tax due, without regard to any former entitlement to state PPTRA relief, plus applicable penalties and interest, to any taxpayer whose taxes, with respect to a qualifying vehicle for tax year 2005 or any prior tax year, remain unpaid on September 1, 2006, or such date as state funds for reimbursement of the state share of such bill have become unavailable, whichever earlier occurs.
(b)
Penalty and interest with respect to bills issued pursuant to subsection (a) of this section shall be computed on the entire amount of tax owed. Interest shall be computed at the rate provided in section 30-5 of the City Code, from the original due date of the tax.
(11-7-05(2))
All real estate in the city, not exempted from taxation by the Constitution of Virginia and not assessable for taxation by the state corporation commission, as provided by law, shall be assessed annually for taxation by the city.
(Code 1976, § 10-6)
State Law reference— Authority to provide for annual assessment of real estate for local taxation, Code of Virginia, § 58.1-3253.
For the purpose of assessing real estate for annual taxation, the office of assessor of real estate is hereby created, and made a division within the city department of finance. The assessor shall be appointed by the city council, and shall serve at the pleasure of the council. The assessor shall be chosen on the basis of knowledge of and experience in real estate appraisal practices and procedures and administrative ability.
(Code 1976, § 10-7; 8-4-03)
State Law reference— Authority of city to transfer duties of assessment of real estate from commissioner of revenue to city assessor, Acts 1959, Ex. Sess., ch. 56.
The assessor of real estate may employ a deputy assessor and such other clerical and other assistants as the assessor deems necessary. Any persons so employed shall be under the general supervision of the assessor.
(Code 1976, § 10-8)
The assessor of real estate shall manage and control the assessment of real estate for taxation in accordance with the applicable state laws. The assessor shall annually appraise for taxation, at its fair market value, all real estate in the city not exempted from taxation by the Constitution of Virginia and not assessable for taxation by the state corporation commission, which shall include all land, buildings, structures and improvements thereon and all rights thereto and interests therein. The assessor shall further perform all other duties required by law to be performed by the commissioner of revenue in respect to real estate assessments, and such other duties as may be prescribed by the city's director of finance.
(Code 1976, § 10-9; 8-4-03)
(a)
If a building is razed, destroyed or damaged by a fortuitous happening beyond the control of the owner, the owner may be entitled to abatement of the assessment for the calendar year in which such fortuitous happening occurred.
(b)
In such event, the owner or owner's agent may apply, in writing, to the assessor of real estate during the same calendar year and request an abatement for such calendar year.
(c)
The tax on such razed, destroyed or damaged building shall be computed according to the ratio which the portion of the calendar year such building was fit for use, occupancy and enjoyment bears to the entire calendar year.
(d)
No such abatement shall be allowed if the damage to such building impairs the value thereof by less than five hundred dollars ($500.00).
(e)
No such abatement shall be allowed in the case of damage to such building if such building shall be repaired during the same calendar year in which it occurred.
(Code 1976, § 10-9.1)
State Law reference— Authority for above section, Code of Virginia, § 58.1-3222.
In accordance with Virginia Code § 58.1-3292, all new buildings substantially completed or fit for use and occupancy prior to November 1 of the year of completion shall be assessed by the assessor when such building is so completed or fit for use and occupancy. No partial assessment as provided herein shall become effective until information as to the date and amount of such assessment is recorded in the office of the city treasurer and made available for public inspection. The total tax on any such new building for that year shall be the sum of (i) the tax upon the assessment of the completed building computed according to the ratio which the portion of the year such building is substantially completed or fit for use and occupancy bears to the entire year, and (ii) the tax upon the assessment of such new building as it existed on January 1 of that assessment year, computed according to the ratio which the portion of the year such building was not substantially competed or fit for use and occupancy bears to the entire year. With respect to any assessment made under this section after September 1 of any year, the penalty for nonpayment by December 5 provided in section 9-16 shall be extended to February 5 of the succeeding year.
(8-1-05(2))
The annual assessment by the assessor of real estate shall be completed by December thirty-first of the year in which such assessments are made. The assessor of real estate shall prepare a book in such form as he may adopt, showing such assessments in the manner provided by the applicable state laws, which shall constitute the land book. Taxes for each year shall be extended on the basis of the land book made in that year, subject to such changes as may have been lawfully made. Sufficient copies of such book shall be prepared to comply with the statutes relating to land books.
(Code 1976, § 10-10)
The assessor of real estate shall have the right to summons, swear and examine witnesses and require owners of property to furnish any pertinent information or records with respect to the cost of land or improvements, materials used in construction, insurance carried, rental value or other information relating to the actual value of the property to be assessed. No person shall fail to supply pertinent information or records requested by the assessor of real estate.
(Code 1976, § 10-11)
The clerk of the circuit court for the city shall furnish to the assessor of real estate the lists of real estate transfers required by law to be furnished the commissioner of revenue.
(Code 1976, § 10-12)
State Law reference— Duty of circuit court clerk to furnish information as to real estate transfers, Code of Virginia, § 58.1-3303.
The circuit court, or the judge thereof in vacation, shall, annually, appoint for the city a board of equalization of real estate assessments, to be composed of three (3) members. Each member shall be a freeholder of the city and shall be selected by the court, or the judge thereof in vacation, from the citizens of the city. Each member shall remain a resident of the city during his term of office.
(Code 1976, § 10-13)
State Law reference— Appointment of board of equalization for city, Acts 1959, Ex. Sess., ch. 56; boards of equalization generally, Code of Virginia, § 58.1-3370 et seq.
The terms of the members of the board of equalization shall commence on January first and shall expire on the following June thirtieth. The circuit court, or the judge thereof in vacation, shall fill any vacancy therein for the unexpired term.
(Code 1976, § 10-14)
The members of the board of equalization shall receive per diem compensation for the time actually engaged in the duties of the board, to be fixed by the city council. The board may be allowed its reasonable expenses for the operation of its affairs. Such compensation and expenses shall be paid out of the city treasury.
(Code 1976, § 10-15)
The board of equalization shall have and exercise the power to revise, correct and amend any assessment of real estate made by the assessor of real estate in the year in which they served. To that end, the board shall have all the powers conferred on such boards by Code of Virginia, chapter 32 of title 58.1 (section 58.1-3200 et seq.).
(Code 1976, § 10-16)
(a)
Whenever there is a reassessment of real estate, or a change in the assessed value of any real estate, notice shall be given by the city assessor, by mail, to each property owner, as shown by the land books of the city.
State Law reference— Similar provisions, Va. Code § 58.1-3330.
(b)
Any person aggrieved by an assessment made by the assessor of real estate shall have the right to a hearing before the city assessor, upon filing a written request with the assessor within thirty (30) days after mailing of the notice of such assessment or of a change in such assessment. Following this hearing the city assessor shall set forth his ruling in writing.
(c)
After the hearing before the city assessor, if the person is still aggrieved by the assessment, such person may apply to the board of equalization for a hearing. Such application shall be in writing and shall be filed with the board of equalization within thirty (30) days after the ruling issued by the assessor following the hearing.
(1)
The board of equalization shall sit at and for such time(s) as may be necessary to discharge its duties. Public notice of each sitting shall be given in accordance with the requirements of § 58.1-3378 of the Code of Virginia.
(2)
The board of equalization shall hear and give consideration to complaints and shall adjust and equalize assessments in accordance with the standards set forth within § 58.1-3379 of the Virginia Code; provided, however, that the board may adopt such rules and regulations as it deems proper to facilitate and simplify the presentation, consideration and deliberation of any case brought before it.
(3)
The board of equalization shall keep minutes of its meetings and enter therein all orders made and transmit promptly copies of such orders as relate to the increase or decrease of assessments to the taxpayers whose property is subject to such orders and to the commissioner of the revenue.
(d)
No fee or charge shall be assessed against the owner because of a hearing pursuant to either subsection (b) or (c) of this section.
(Code 1976, § 10-17; 1-5-04(2), § 3)
State Law reference— Similar provisions, Va. Code §§ 58.1-3378—58.1-2284.
Any person aggrieved by any assessment made by the assessor of real estate or the board of equalization may, after a hearing before the assessor of real estate and after a hearing before the board of equalization, apply for relief to the circuit court in the manner provided by Code of Virginia, section 58.1-3984.
(Code 1976, § 10-18)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Affidavit means the real estate tax exemption or deferral affidavit.
Dwelling means the sole residence of the person claiming exemption; provided, however, that the fact that a person who is otherwise qualified for tax exemption by the provisions of this article is residing in a hospital, nursing home, convalescent home or other facility for physical or mental care for an extended period of time shall not be construed to mean that the real estate for which exemption is claimed ceases to be the sole dwelling of such person during such period of other residence, so long as the real estate in question is not used by, or leased to, others for consideration.
Exemption means the percentage exemption from the property tax imposed by the city allowable under the provisions of this article.
Income means total gross income from all sources, without regard to whether a tax return is actually filed; however; however, the term shall not include life insurance benefits or receipts from borrowing or other debt.
Permanently and totally disabled, as applied to a person claiming an exemption under this article, means a person furnishing the certification or medical affidavits required by section 30-99, and who is found by the commissioner of revenue to be unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment or deformity which can be expected to result in death or can be expected to last for the duration of the person's life.
Taxable year means the calendar year, from January first through December thirty-first, for which property tax exemption is claimed under this article.
(Code 1976, § 10-36; 5-7-90, § 1; 3-3-03(4), § 1)
Cross reference— Definitions and rules of construction generally, § 1-2.
State Law reference— Provisions similar to the provisions in the above definition of "dwelling," Code of Virginia, § 58.1-3214; similar definition of "permanently and totally disabled," § 58.1-3217.
It is hereby declared to be the purpose of this article to provide real estate tax exemptions or deferrals for qualified property owners who are not less than sixty-five (65) years of age or permanently and totally disabled and who are otherwise eligible according to the terms of this article. Pursuant to the authority of section 58.1-3210, Code of Virginia, the city council finds and declares that persons qualifying for exemption or deferral hereunder are bearing an extraordinary real estate tax burden in relation to their income and financial worth.
(Code 1976, § 10-37; 5-7-90, § 1)
State Law reference— Similar provisions, Code of Virginia, § 58.1-3218.
Exemption pursuant to this article shall be granted to certain persons who own and occupy residential real property, where such persons and property comply with the following provisions:
(1)
The title to the residential property for which exemption is claimed must be is held, or partially held, by the person entitled to claim such exemption ("claimant"), as of January first of the taxable year for which such exemption is claimed. If the real estate for which exemption is claimed consists of a lot containing a manufactured home, as defined in § 36-85.3 of the Virginia Code, title to both the lot and the manufactured home must be held, or partially held, by the claimant.
(2)
The property for which the exemption is claimed must be occupied as the sole dwelling of such claimant.
(3)
[ Reserved. ]
(4)
The claimant must be sixty-five (65) years of age or older, or permanently and totally disabled, as of December thirty-first of the year immediately preceding the taxable year for which the exemption is claimed.
(5)
The combined income of such claimant and of all relatives living in the same dwelling, for the immediately preceding calendar year, must not exceed the sum of fifty thousand dollars ($50,000.00); provided that:
a.
The first seven thousand five hundred dollars ($7,500.00) of any income (i) received by any claimant and classified as permanent disability compensation or (ii) received by any claimant who is at least sixty-five (65) years of age, is permanently and totally disabled, and can show that he or she did receive permanent disability compensation for at least twenty-four (24) consecutive months immediately prior to his or her sixty-fifth birthday, shall not be included in such total;
b.
The first eight thousand five hundred dollars ($8,500.00) of income of each relative who is not the spouse of the claimant and who does not qualify for the exemption shall not be included in such total;
c.
If a person who has previously qualified for an exemption under this article can prove by clear and convincing evidence that after qualifying his physical or mental health has deteriorated to the point that the only alternative to permanently residing in a hospital, nursing home, convalescent home or other facility for physical or mental care is to have a relative move in and provide care for the person, and if a relative does move in for that purpose, then none of the income of the relative or of the relative's spouse transferred assets in excess of five thousand dollars ($5,000.00) without adequate consideration within a three-year period prior to or after the relative moves into his residence; and
d.
The amount of income received by any claimant owner from the Veteran's Administration and classified as disability benefits, up to but not exceeding seven thousand five hundred dollars ($7,500.00) shall not be included in such total.
(6)
The net combined financial worth of such claimant and of the spouse of such claimant, as of December thirty-first of the year immediately preceding the taxable year for which the exemption if claimed, must not exceed one hundred twenty-five thousand dollars ($125,000.00) net combined financial worth shall include the value of all assets, including the present value of all equitable interests, excluding the fair market value of the dwelling for which exemption is claimed and of the land upon which it is situated, not exceeding ten (10) acres.
(Code 1976, § 10-38; 5-7-90, § 1; 2-19-91; 6-1-92; 11-21-94; 6-4-01(4), § 1; 3-3-03(4), § 1; 4-19-04(1), § 1; 11-15-04(1), § 5)
State Law reference— Similar provisions and authority of city as to income, net worth, etc., requirements, Code of Virginia, §§ 58.1-3210—58.1-3212.
(a)
Annually, and not later than March first of each taxable year, every person claiming an exemption or deferral under this article shall file a real estate tax exemption or deferral affidavit with the commissioner of the revenue of the city. The date for filing such an affidavit by an applicant may be extended by the commissioner of revenue to July first of a taxable year for a first-time applicant and to July first of each taxable year in a hardship case in which the commissioner of the revenue determines that the applicant was unable to file by March first of the particular taxable year because of illness of the applicant or confinement of the applicant in a nursing home, hospital, or other medical facility or institution; provided, that such real estate tax exemption or deferral affidavit is accompanied by a sworn affidavit of one (1) medical doctor licensed to practice medicine in the commonwealth.
(b)
The affidavit shall set forth the names of the related persons occupying the real estate for which exemption or deferral is claimed and the total combined net worth and combined income of such persons as defined in this article. The form of such affidavit shall be determined by the commissioner of revenue and approved by the city manager, and shall contain such other information as may be required adequately to determine compliance with the provisions of section 30-98.
(c)
If the person filing an affidavit under this section is under sixty-five (65) years of age, the affidavit shall have attached thereto proper documentation by the Social Security Administration, veteran's administration or the railroad retirement board that the person has been certified as being permanently or totally disabled as defined by those agencies, or if such person is not eligible for certification by any of these agencies, a sworn affidavit by two (2) medical doctors licensed to practice medicine in the commonwealth, to the effect that the person is permanently and totally disabled, as defined in section 30-96. The affidavit of at least one (1) of the doctors shall be based upon a physical examination of the person by such doctor. The affidavit of one (1) of the doctors may be based upon medical information contained in the records of the civil service commission which is relevant to the standards for determining permanent and total disability as defined in section 30-96.
(d)
In addition, the commissioner of revenue may make such further inquiry of persons seeking to claim exemptions or deferrals requiring answers under oath and the production of certified tax returns, as may be deemed reasonably necessary to determine eligibility for an exemption or deferral.
(Code 1976, § 10-39; 11-21-94)
State Law reference— Similar provisions, Code of Virginia, § 58.1-3213.
The commissioner of revenue, after audit and investigation, shall certify a list of the persons and property qualifying for exemption or deferral under this article and the amount thereof to the city treasurer, who shall forthwith deduct the amounts of such exemptions or deferrals from the real estate tax chargeable for the taxable year to such persons and property.
(Code 1976, § 10-39)
The amount of the exemption or deferral granted pursuant to this article shall be a percentage of the real estate tax assessed for the applicable taxable year in accordance with the following scale:
|
Net Combined Financial Worth
|
|||||
|
$0
to $25,000 |
$25,001
to $50,000 |
$50,001
to $75,000 |
$75,001
to $100,000 |
$100,001
to $125,000 |
|
| Gross Combined Income | |||||
| $0—$12,500 | 100% | 80% | 60% | 40% | 20% |
| $12,501—$25,000 | 80% | 64% | 48% | 32% | 16% |
| $25,001—$37,500 | 60% | 48% | 36% | 24% | 12% |
| $37,501—$50,000 | 40% | 32% | 24% | 16% | 8% |
(Code 1976, § 10-40; 5-7-90, § 1; 11-21-94; 3-3-03(4), § 1; 4-19-04(1), § 1)
State Law reference— Amount of exemption or deferral to be as prescribed by ordinance, Code of Virginia, § 58.1-3210.
Changes in respect to income, financial worth, ownership of property or other factors occurring during the taxable year for which an affidavit is filed and having the effect of violating or exceeding the limitations and conditions of section 30-98 shall nullify any exemption or deferral for the then current taxable year and for the taxable year immediately following; provided, that no change in income or financial worth which does not have the effect of violating the maximum limitations of section 30-98 shall operate to increase or decrease the percentage of exemption or nullify the deferral previously determined by the commissioner of revenue pursuant to section 30-101 of this Code.
(Code 1976, § 10-41)
State Law reference— Similar provisions, Code of Virginia, § 58.1-3215.
(a)
Deferred real estate taxes may be paid at any time but must be paid by the claimant or claimant's estate, as appropriate, by the earlier of:
(1)
Sale of the dwelling; or
(2)
Within one (1) year after the death of the last owner who qualifies for tax deferral by the provisions of this article.
(b)
Deferred tax payments shall include interest at the rate of eight (8) percent per annum from the date of deferral until paid.
(c)
Such deferred taxes shall constitute a lien upon such real estate as if they had been assessed without regard to the deferral permitted by this article; provided, however, that such liens, to the extent that they exceed in the aggregate ten (10) percent of the price for which such real estate may be sold, shall be inferior to all other liens of record.
(Code 1976, § 10-41.1)
State Law reference— Similar provisions, Code of Virginia, § 58.1-3216.
It shall be unlawful and a Class 1 misdemeanor for any person to falsely claim an exemption or deferral under this article.
(Code 1976, § 10-42)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Certified solar energy equipment, facilities or devices means any property, including real or personal property, equipment, facilities or devices, certified by the division of building and life safety to be designed and used primarily for the purpose of providing for the collection and use of incident solar energy for water heating, space heating or cooling or other application which would otherwise require a conventional source of energy such as petroleum products, natural gas or electricity.
The division of building and life safety means the division by that name in the city's fire department.
(1-4-93)
Certified solar energy equipment, facilities and devices are hereby declared to be a separate class of property and shall constitute a classification for city taxation separate from other classifications of real or personal property. Owners of real estate in the city to which is attached certified solar energy equipment, facilities or devices are hereby granted an exemption from taxation on such certified solar energy equipment, facilities or devices, subject to the limitations and conditions prescribed by this article and by state law.
(1-4-93)
The exemption provided by this division shall be administered by the superintendent of the division of building and life safety, the assessor of real estate and the city treasurer. Such officials are hereby authorized and directed to adopt and enforce such reasonable rules and regulations, not in conflict with the provisions of this article, as may be reasonably necessary to determine the value of qualifying solar energy equipment, facilities or devices including, without limitation, requiring the production of documents and the furnishing of answers under oath.
(1-4-93)
The exemption provided by this division shall be granted to applicants meeting the following requirements:
(1)
The title to the property for which exemption is claimed is held, or partially held, by the person claiming the exemption.
(2)
The division of building and life safety has determined, after such solar energy equipment, facilities or devices have been installed and upon inspection thereof, that the subject property performs at least one of the functions set forth in section 30-126 and that it has been installed in conformity with the Virginia Uniform Statewide Building Code and conforms to the requirements set by the regulations of the state board of housing and community development.
(1-4-93)
(a)
The person claiming an exemption under this article for solar energy equipment, facilities or devices must file an application with the division of building and life safety on forms provided for that purpose.
(b)
The application must be accompanied by a complete set of plans and specifications of the solar energy equipment, facilities or devices for which exemption is claimed. The application must also be accompanied by sworn statements of contractors or suppliers attesting to the cost of the purchase and installation of the solar energy equipment, facilities or devices for which exemption is sought.
(1-4-93)
Any person aggrieved by a decision of the division of building and life safety under this division may appeal such decision to the building code board of appeals, which may affirm or reverse such decision.
(1-4-93)
If after receipt of a completed application under this division and an inspection of the subject solar energy equipment, facilities or devices, the division of building and life safety determines that the requirements for exemption have been met, it shall approve and certify the application and transmit the same to the city assessor.
(1-4-93)
Upon receipt of a certificate from the division of building and life safety pursuant to this division, the assessor of real estate shall proceed to establish the value of qualifying solar energy equipment, facilities or devices to be exempted from taxation.
(1-4-93)
For purposes of the administration of this division, and for no other purposes, the value of certified solar equipment, facilities or devices qualifying for exemption shall be presumed to be not less than the normal cost of purchasing and installing such equipment, facilities or devices.
(1-4-93)
The exemption determined by the assessor of real estate as provided in this article shall be effective beginning the first day of the tax year next succeeding the certification by the division of building and life safety and shall remain in effect for such tax year and the following four (4) tax years.
(1-4-93)
Annually on or before April thirtieth in each tax year, the assessor of real estate shall furnish to the city treasurer a list of all exemptions under this division effective as of the beginning of such tax year. Such list shall show the value of each applicable exemption, multiplied by the tax rate established for the year in question and extended to show the amount of the real estate tax on each such property to be exempted in each year.
(1-4-93)
The city treasurer shall be entitled to credit the amounts certified by the assessor of real estate under section 30-136 against the total real estate taxes shown on the land book for the tax year in question and shall indicate the amount of each such exemption as a credit on the tax tickets of each qualifying property.
(1-4-93)
(a)
It shall be unlawful for any person falsely to claim an exemption under this division or knowingly to make a false statement in connection with any application for such an exemption.
(b)
A violation of this section shall constitute a Class 1 misdemeanor.
(1-4-93)
For purposes of this division, the term "certified recycling equipment, facilities, or devices" shall mean machinery and equipment which is certified by the Virginia Department of Environmental Quality as integral to the recycling process and for use primarily for the purpose of abating or preventing pollution of the atmosphere or waters of the commonwealth, and used in manufacturing facilities or plant units which manufacture, process, compound, or produce for sale recyclable items of tangible personal property at fixed locations in the commonwealth.
(1-4-93; 4-15-96; 6-17-98; 5-18-98(1))
(a)
Certified recycling equipment, facilities and devices are hereby declared to be a separate class of property and shall constitute a classification for city taxation separate from other classifications or real or personal property. Such equipment, facilities and devices shall be eligible for an exemption from taxation by the city, subject to the limitations and conditions prescribed within this division and by state law.
(b)
The exemption provided by this division shall be determined by applying the applicable tax rate to the value of certified recycling equipment, facilities or devices and subtracting such amount either (i) from the total real property tax due on the real property to which such equipment facilities or devices are attached, or (ii) if such equipment, facilities, or devices, are taxable as machinery or tools, from the total machinery or tools tax due on such equipment, facilities, or devices, at the election of the taxpayer.
(1-4-93; 4-15-96; 5-18-98(1); 12-7-98(1))
The exemption provided by this division shall be administered by the commissioner of the revenue and the city treasurer. Such officials are hereby authorized and directed to adopt and enforce such reasonable rules and regulations, not in conflict with the provisions of this division, as may be reasonably necessary to determine the value of qualifying recycling equipment, facilities or devices including, without limitation, requiring the production of documents and the furnishing of answers under oath.
(1-4-93; 4-15-96; 5-18-98(1))
Any person who wishes to claim an exemption for recycling equipment, facilities or devices must submit an application to the state department of waste management for certification that the equipment, facilities, or devices are integral to the recycling process and for use primarily for the purpose of abating or preventing pollution of the atmosphere or waters of the commonwealth, and used in manufacturing facilities or plant units which manufacture, process, compound or produce for sale recyclable items of tangible personal property at one or more fixed locations in the commonwealth. Upon receipt of a certificate from the state department of waste management, extended to show the amount of the real estate tax to be exempted in each year. Where the exemption provided by this division is to be applied to machinery and tools taxes, then annually on or before April 30 the commissioner of revenue shall furnish to the city treasurer a list of all exemptions under this division effective as of the beginning of the tax year. Such list shall show the value of the applicable exemption, determined by applying the machinery and tools tax rate to the value of such equipment, facilities or devices and subtracting such amount from the total machinery and tools tax due on such equipment, facilities, or devices.
(1)
Proof of the value of the equipment, including sworn statements of contractors or suppliers attesting to the cost of the purchase and installation of the equipment, facilities or devices for which exemption is sought; and,
(2)
Proof that the equipment has been installed and is operating.
(1-4-93; 4-15-96; 5-18-98(1); 12-7-98(1))
For purposes of the administration of this division, and for no other purposes, the value of certified recycling equipment, facilities or devices qualifying for exemption shall be presumed to be not less than the normal cost of purchasing and installing such equipment, facilities or devices.
(1-4-93; 4-15-96; 5-18-98(1))
The exemption determined by the commissioner of revenue as provided in this division shall be effective beginning the first day of the tax year next succeeding the certification by the Virginia Department of Environmental Quality and shall remain in effect for such tax year and the following four (4) tax years.
(1-4-93; 4-15-96; 5-18-98(1))
Where the exemption provided by this division is to be applied to real property taxes, then annually on or before April thirtieth in each tax year, the commissioner of revenue shall furnish to the city treasurer a list of all exemptions under this division effective as of the beginning of such tax year. Such list shall show the value of each applicable exemption determined by applying the tax rate established for the year in question to the value of the certified equipment, facilities or devices and subtracting such amount from the total real property tax due on the real property to which such equipment, facilities, or devices are attached. Each exemption on the list shall be extended to show the amount of the real estate tax to be exempted in each year. Where the exemption provided by this division is to be applied to machinery and tools taxes, then annually on or before April 30 the commissioner of revenue shall furnish to the city treasurer a list of all exemptions under this division effective as of the beginning of the tax year. Such list shall show the value of the applicable exemption, determined by applying the machinery and tools tax rate to the value of such equipment, facilities or devices and subtracting such amount from the total machinery and tools tax due on such equipment, facilities, or devices.
(1-4-93; 4-15-96; 5-18-98(1); 12-7-98(1))
The city treasurer shall be entitled to credit the amounts certified by the commissioner of revenue under section 30-151 against the total real estate taxes shown on the land book for the tax year in question, or, as may be applicable, against the machinery and tools tax due on the qualified equipment, facilities or devices. If the credit is to be given against real estate taxes, the treasurer shall indicate the amount of each such exemption as a credit on the tax tickets of each qualifying property.
(1-4-93; 4-15-96; 5-18-98(1); 12-7-98(1))
(a)
It shall be unlawful for any person falsely to claim an exemption under this division or knowingly to make a false statement in connection with any application for such an exemption.
(b)
A violation of this section shall constitute a Class 1 misdemeanor.
(1-4-93; 4-15-96; 5-18-98(1))
This division authorizes a partial exemption for improved real estate from the general real estate tax, for real estate containing a structure or other improvement that has been rehabilitated, renovated or replaced for residential use in accordance with Va. Code § 58.1-3220 and the provisions of this division. The exemption provided by this division shall not be available for any improvements made to unimproved real property.
(3-20-00(1); 9-17-07)
(a)
For the purposes of this division the term "residential real property" shall mean a building or structure which has itself undergone, or will undergo, substantial rehabilitation, renovation or replacement for residential use. The term "residential use" shall mean occupied, or designed to be occupied, by not more than one (1) family, or by not more than one (1) family with an attached or detached accessory apartment.
(b)
In order to qualify for the exemption from real property taxation provided by this division, residential real property shall meet all of the following criteria:
(1)
The city assessor's most recent annual real property tax assessment of the building, structure and improvements and the land on which they are located shall be no more than five hundred six thousand dollars ($506,000.00).
(2)
The primary building or structure on the property must be no less than twenty-five (25) years of age at the time application is filed pursuant to this division.
(3)
The building or structure itself must have been substantially rehabilitated, renovated or replaced for residential use. For the purposes of this division, the phrase "substantially rehabilitated, renovated or replaced with respect to residential real estate," shall mean a building or structure which has been so improved that the total assessed value of the improvements on the property has been increased by no less than 15%.
a.
For the purposes of this division, additions to a residential structure shall be considered rehabilitation, renovation or replacement of that structure.
b.
The following nonresidential improvements, and other similar improvements not attached to the primary residential structure, even if they improve the value of real estate, shall not serve as the basis for an exemption under this division: swimming pools, detached garages, detached offices or workshops.
c.
For the purposes of this division, the substantial rehabilitation, renovation or replacement of a detached accessory building for residential use shall qualify for a partial real property tax exemption, if all other eligibility criteria set forth within this division are satisfied.
(4)
The building or structure must be designed for and suitable for residential use and must be the primary residential structure, or accessory to the primary residential structure, on the site following its substantial rehabilitation, renovation or replacement.
(5)
Following completion of substantial rehabilitation, renovation or replacement, the taxpayer who applies for the exemption must own and reside on the property subject to the exemption. Thereafter, any exemption granted shall run with the real estate, accruing to the benefit of the owner, subject to the provisions of 30-157(b) herein.
(6)
All improvements made to the building or structure must have been made under and in accordance with all applicable building and zoning regulations and permits, and upon completion of substantial rehabilitation, renovation or replacement the building or structure must conform to all applicable zoning regulations.
(7)
Residential real property that has been improved by the demolition and razing of an existing building or structure and construction of a replacement structure, may qualify for an exemption under this division; however, the exemption shall not apply when any structure which has been razed or demolished is a registered Virginia landmark or is determined by the Virginia Department of Historic Resources to contribute to the significance of a registered historic district.
(c)
No building or structure shall be eligible for the exemption if the city assessor has been denied access to the entire premises (for the purpose of determining a base value and whether there has been substantial rehabilitation, renovation or replacement of a building or structure) either before the commencement of any work for which exemption is sought or after completion of such work.
(d)
At any time prior to November 1 of any calendar year in which rehabilitation, renovation or replacement of a building or structure is complete, an owner may submit a written request to the city assessor for an inspection to determine if it has been substantially rehabilitated, renovated or replaced and if the building or structure qualifies in all other aspects for an exemption under this division. After the city assessor has determined that the building or structure qualifies them the exemption shall become effective on January 1 of the next calendar year.
(e)
Except with respect to the determination of the substantiality of rehabilitation, renovation or replacement, which shall be determined by the city assessor, the burden of proof shall be on the applicant to show that the residential real estate for which exemption is sought complies with all the eligibility criteria established by this division. The city assessor may require documentary proof of eligibility and, in such cases, documentation satisfactory to the city assessor shall be presented.
(3-20-00(1); 2-22-05; 9-17-07; 12-19-11)
(a)
The amount of the exemption from real property taxation provided for by this division shall be an amount equal to the difference in the base value of the qualifying building, structure and improvements and the assessed value of the building, structure and improvements upon completion of substantial rehabilitation, renovation or replacement, as determined by the city assessor. This amount only, on a fixed basis, shall constitute the exemption, notwithstanding subsequent assessment or reassessment.
(b)
The exemption allowed by this division shall commence on January 1st of the tax year following the city assessor's determination that a building or structure qualifies for the exemption and shall run with the real estate for a period of seven (7) years ("eligibility period"). However, if at any time during the eligibility period the person who owns the residential real estate ceases to occupy and reside on the property, then the exemption shall automatically expire at the end of the tax year in which the property ceases to be so occupied.
(c)
If the assessed value of qualifying residential real estate increases after the first year of the eligibility period, the exemption specified by paragraph (b) of this section shall not be increased. If the assessed value of the qualifying residential real estate decreases after the first year of the eligibility period, the exemption specified by paragraph (b) shall be limited, in that the exemption shall not reduce the real estate tax below an amount equal to the amount of the real property tax calculated on the base value. If the assessed value of the qualifying residential real estate decreases below the base value after the first year of the eligibility period, then the property shall be assessed at full assessed value for that year, and no exemption shall be granted for that year.
(d)
No exemption for which any property owner is eligible under this division shall be granted to the owner of any residential real estate, if the real estate tax on that real estate has not been paid on or before the date on which it is due. Failure to pay the tax on such real estate in any year, on or before the date on which the tax is due, shall result in the forfeiture of any exemption that otherwise would have been applied to the tax in that year. In such circumstances, the annual real estate tax shall be assessed on the full fair market value of the improved real estate.
(3-20-00(1); 9-17-07)
Annually on or before April 30th in each tax year, the city assessor shall furnish to the city treasurer a list of all exemptions under this division effective as of the beginning of such tax year. Such list shall show the value of each applicable exemption, multiplied by the tax rate established for the year in question and extended to show the amount of the real estate tax on each such property to be exempted in each year.
(3-20-00(1); 9-17-07)
The city treasurer shall be entitled to credit the amounts certified by the city assessor under section 30-158 against the total real estate taxes shown on the land book for the tax year in question and shall indicate the amount of each such exemption as a credit on the tax tickets of each qualifying property. Under no circumstances shall the exemption available under this division be applied to any property other than the qualifying residential real estate for which the exemption has been obtained, nor shall the exemption be applied in any calendar year to real estate taxes assessed in any other calendar year.
(3-20-00(1); 9-17-07)
(a)
The owner of residential real estate who seeks to obtain the exemption authorized by this division shall apply to qualify for the exemption at the same time he applies for a building permit to rehabilitate, renovate or replace a building or structure. The application for exemption shall be filed with the city assessor.
(b)
Upon receipt of an application to qualify for the exemption provided by this division, the city assessor shall determine a base fair market value assessment for the building, structure and improvements prior to commencement of any improvements for which exemption is sought. The base fair market value shall be the most recent assessment of the building, structure, and improvements on the property for which the application is submitted ("base value).
(c)
The application to qualify for the tax exemption shall be effective until December 31 of the calendar year following the year in which the application was filed. If, by such expiration date, rehabilitation, renovation or replacement has not progressed to the point that it may be determined to be substantial, compared with the base value, and if the applicant desires to proceed, then a new application shall be filed and the city assessor shall establish a new base value.
(d)
All initial and subsequent applications for the partial exemption allowed by this division shall be accompanied by payment of a non-refundable fee, in the amount of fifty dollars ($50.00) for processing the application.
(e)
During the period an application remains pending, the owner shall remain subject to real estate taxation upon the full assessed value of the residential real estate.
(f)
The exemption provided by this division shall be administered by the city assessor and the city treasurer. Such officials are hereby authorized and directed to adopt and enforce such reasonable rules and regulations, not in conflict with the provisions of this division, as may be reasonably necessary to implement the exemptions authorized by this division.
(g)
This division shall be applicable to assessments of qualifying residential real estate made on and after January 1, 2001; however, no new application for the exemption provided by this division shall be accepted after September 1, 2017.
(h)
The exemption provided by this division shall not affect any special district taxes or levies within the city. All such taxes shall be computed on the full assessed value of the qualifying real estate.
(i)
Nothing within this division shall be construed to permit the city assessor to list upon the land book any reduced value due to the exemption provided herein.
(j)
In determining the base value of any residential real estate, and in determining whether any building or structure has been substantially rehabilitated, renovated or replaced, the city assessor shall employ usual and customary methods of assessing real estate and improvements thereon.
(k)
No residential real estate which has been determined to qualify for an exemption under this division shall be eligible to submit any application for further tax credits based on subsequent improvements during the pendency of the initial eligibility period. Notwithstanding the foregoing, if residential real estate which has qualified for a tax exemption in accordance with this division is damaged by an occurrence beyond the control of the owner or occupant, and if such residential real estate otherwise is qualified under this division, then the owner may apply for a tax exemption based on the then-present value of the damaged residential real estate, and the qualification for any new tax exemption shall supersede and extinguish any tax exemption that may have been available under the previous qualification. For the purpose of this subdivision, the phrase "an occurrence beyond the control of the owner or occupant" shall refer to an event such as a fire, flood or windstorm that reduces the assessed value of the residential real estate by no less than twenty-five (25) percent.
(l)
This ordinance and its impact on city real property tax revenues shall be reviewed by city council annually, beginning in September, 2005.
(3-20-00(1); 2-22-05; 9-17-07; 12-19-11)
The following words, terms and phrases, when used in this division shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Energy-efficient building means any building that exceeds the energy efficiency standards prescribed in the Virginia Uniform Statewide Building Code by 30% or any building that (i) meets or exceeds performance standards of the Green Globes Green Building Rating System of the Green Building Initiative, (ii) meets or exceeds performance standards of the Leadership in Energy and Environmental Design (LEED) Green Building Rating System of the U.S. Green Building Council, (iii) meets or exceeds performance standards or guidelines under the EarthCraft House Program, or (iv) is an Energy Star qualified home, the energy efficiency of which meets or exceeds performance guidelines for energy efficiency under the Energy Star program developed by the United States Environmental Protection Agency.
(5-19-08(2); 1-7-13)
Energy-efficient buildings, not including the real estate or land on which they are located, are hereby declared to be a separate class of property and shall constitute a classification for city taxation separate from other classifications of real property. Owners of real estate in the city on which energy-efficient buildings are or have been constructed shall pay such tax on such building at the rate levied by city council for such class of property, which rate shall not exceed that applicable to the general class of real property, subject to the limitations and conditions prescribed by this division and by state law.
(5-19-08(2))
This division shall be administered by the director of the department of neighborhood services, the assessor of real estate, and the city treasurer. Such officials are hereby authorized and directed to adopt and enforce such reasonable rules and regulations, not in conflict with the provisions of this division, as may be reasonably necessary to determine the value of an energy-efficient building and its eligibility for the special tax rate provided for by this division including, without limitation, requiring the production of documents and the furnishing of answers under oath.
(5-19-08(2))
The special tax rate provided by this division shall be granted to applicants meeting the following requirements:
(1)
The title to the property for which it is claimed is held, or partially held, by the person claiming the exemption.
(2)
The applicant shall submit the certification required by section 58.1-3221.2 of the Code of Virginia, or a request that the city designate, at the applicant's expense, a qualified architect or professional engineer to determine whether the building meets or exceeds the performance standards or guidelines under any program set forth in section 58.1-3221.2.C of the Code of Virginia.
(3)
The applicant is not in arrears.
(5-19-08(2); 1-7-13)
(a)
The person claiming eligibility under this division must file an application with the department of neighborhood development services by October 1 on forms provided for that purpose.
(b)
The application must be accompanied by the certification required by section 30-160.4(2).
(5-19-08(2))
If after receipt of a completed application under this division and an inspection of the energy-efficient building, the department of neighborhood services determines that the eligibility requirements have been met, it shall approve and certify the application and transmit the same to the city assessor.
(5-19-08(2))
Upon receipt of a certificate from the department of neighborhood services pursuant to this division, the assessor of real estate shall proceed to assess the property.
(5-19-08(2))
Eligibility for the special tax rate provided in this division shall be effective beginning the first day of the tax year next succeeding the certification by the department of neighborhood development services and shall remain in effect for such tax year. Energy efficient buildings as defined in section 30-160.1 are eligible for the special tax rate for one (1) tax year total.
(5-19-08(2))
Any person aggrieved by a decision of the department of neighborhood development services under this division may appeal such decision to the building code board of appeals, which may affirm or reverse such decision.
(5-19-08(2))
Annually on or before April thirtieth in each tax year, the assessor of real estate shall furnish to the city treasurer a list of all properties subject to the special tax rate under this division effective as of the beginning of such tax year. Such list shall show the value of each applicable property, multiplied by the special tax rate established for the year in question.
(5-19-08(2))
(a)
It shall be unlawful for any person falsely to claim eligibility for the special tax rate under this division or knowingly to make a false statement in connection with any application for such special tax rate.
(b)
A violation of this section shall constitute a Class 1 misdemeanor.
(5-19-08(2))
(a)
The city treasurer shall twice annually mail to each taxpayer assessed with taxes on real estate, tangible personal property or machinery and tools bills for such taxes. Each semiannual bill shall be in the amount of one-half (½) of the taxes assessed for the taxable year and shall be payable as of June fifth or December fifth, as appropriate; provided, that the first bill of the year may show the total amount of tax assessed for the year with a notation that only one-half (½) of such tax is payable as of June fifth. All such tax bills shall be mailed by United States mail not later than fourteen (14) days prior to each due date. The treasurer shall also publicize at least ten (10) days before each due date the fact that taxes are due and payable. The treasurer may omit billing of any taxpayer owing less than twenty dollars ($20.00).
(b)
Notwithstanding the foregoing, tax assessments on any motor vehicle or trailer acquiring a situs in the city after January first of any tax year, as provided under section 30-38, which can not be included or processed in either of the twice annual billings indicated in paragraph (a) of this section, shall be separately billed and shall become due and payable within thirty (30) days of the billing date.
(Code 1976, § 10-20; 5-21-90, § 1; 9-15-14(3))
State Law reference— Duty of treasurer as to mailing tax bills, Code of Virginia, § 58.1-3912; authority of council to provide for above due dates, § 58.1-3916.
The city treasurer shall commence to receive taxes on personal property, and machinery and tools, as soon as the treasurer receives copies of the commissioner's books and shall continue to receive the same without addition of a penalty until the due date. Likewise, the treasurer shall commence to receive taxes assessed on real estate as soon as practicable in each year. Fifty (50) percent of each such tax assessment shall be payable not later than June fifth, and the remaining fifty (50) percent shall be payable not later than December fifth.
(Code 1976, § 10-24)
State Law reference— Receipt of taxes without penalty, Code of Virginia, § 58.1-3913.
It shall be the duty of the city treasurer to prepare from the books of the commissioner of revenue and from the books of the assessor of real estate tax tickets according to forms prescribed by the state department of taxation. The treasurer shall deliver to each taxpayer paying by cash or money order, and to any other taxpayer requesting the same, a receipted copy of the tax ticket showing plainly the date of payment and the property to which the payment was applied. The treasurer may charge two dollars ($2.00) for the cost of preparing any duplicate or additional receipts.
(Code 1976, § 10-21)
State Law reference— Similar provisions, Code of Virginia, § 58.1-3914.
(a)
Any person failing to pay that portion of taxes on real estate, personal property or machinery and tools, due on or before June fifth and December fifth, respectively, or on such date as otherwise provided for under section 30-161(b), shall incur penalties thereon of ten (10) percent of the amount of tax respectively becoming payable on such dates. If such taxes and penalties remain uncollected, there shall be collected interest at the rate specified in section 30-5 of this chapter, upon both the principal sum and penalties. Such interest shall commence from December thirty-first with regard to taxes payable December fifth, and from June thirtieth with regard to taxes payable June fifth.
(b)
The penalties and interest provided for in subsection (a) above shall be added to the amount due from the taxpayer, and, when collected, shall be accounted for by the city treasurer along with the principal of such taxes. The treasurer may waive such penalties or interest only in cases where, in the treasurer's sole judgment, the failure to make timely payment was not the fault of the taxpayer.
(c)
There shall be imposed upon each person chargeable with delinquent taxes, and other delinquent charges subject to collection by the same means as taxes, fees to cover the administrative costs and reasonable attorney's or collection agency's fees actually contracted for, as follows:
(1)
An administrative fee of thirty dollars ($30.00) for taxes or other charges collected subsequent to thirty (30) or more days after notice of delinquent taxes or charges pursuant to § 58.1-3919 of the Virginia Code, but prior to the taking of any judgment with respect to such delinquent taxes or charges, or thirty-five dollars ($35.00) for taxes or other charges collected subsequent to judgment. If the collection action is to collect on a nuisance abatement lien, the fee for administrative costs shall be one hundred fifty dollars ($150.00) or twenty-five (25) percent of the cost, whichever is less; however, in no event shall the fee be less than twenty-five dollars ($25.00); and,
(2)
A fee to cover reasonable attorney's or collection agency's fees, in the amount of twenty (20) percent of the taxes or other charges collected upon.
(3)
The fees specified within this subparagraph shall be in addition to all penalties and interest.
(Code 1976, § 10-25; 5-21-90, § 1; 1-5-04(2), § 4; 11-7-05(1), § 4)
State Law reference— Similar provisions, Va. Code § 58.1-3958; authority for above section, Code of Virginia, § 58.1-3916.
(a)
It shall be the duty of the city treasurer to call upon each person chargeable with taxes who has not paid the same prior to the due date or upon the agent, if any, of such person resident within the city, for the payment thereof, and upon failure or refusal of such person or agent to pay the same, the treasurer shall proceed to collect them by distress or otherwise.
(b)
For the purpose of collecting taxes, assessments and other duties to the city, the city treasurer shall have the rights of distress, levy, attachment, lease and garnishment as provided by the state law. All property subject to such action to satisfy taxes due to the state may be taken to satisfy taxes due to the city.
(Code 1976, §§ 10-22, 10-26)
State Law reference— Distress for taxes generally, Code of Virginia, §§ 58.1-3919, 58.1-3940 et seq.
When it becomes necessary for the city treasurer to levy or distrain upon the property of any delinquent taxpayer, the same shall be sold at public auction (unless the claim is satisfied prior to sale) on the premises of the taxpayer, or at such public place as the treasurer may deem best to secure a fair price for such property. From the proceeds of such sale, the treasurer shall satisfy the tax due the city and all costs of collection and shall pay the residue over to the delinquent taxpayer, taking a receipt therefor.
(Code 1976, § 10-23)
Should it come to the knowledge of the city treasurer that any person owing taxes is moving or contemplates moving from the city prior to the due date, the treasurer shall have the power to collect the same by distress or otherwise at any time after the assessment has been made.
(Code 1976, § 10-27)
State Law reference— Similar provisions, Code of Virginia, § 58.1-3919.
(a)
The city treasurer, after ascertaining which of the taxes and levies assessed at any time have not been collected, shall, within sixty (60) days of the end of the fiscal year, make out lists as follows:
(1)
A list of real estate on the assessor's land book improperly placed thereon or not ascertainable, with the amount of taxes and levies charged thereon.
(2)
A list of other real estate which is delinquent for the nonpayment of the taxes and levies thereon. This list shall not include any taxes listed under subsections (4) or (5) of this section.
(3)
A list of such of the taxes and levies assessed on tangible personal property, machinery and tools and merchants' capital, and other subjects of local taxation, other than real estate, as the treasurer is unable to collect which are delinquent. This list shall not include any taxes listed under subsections (4), (5) or (6) of this section.
(4)
A list of the uncollected taxes amounting to less than twenty dollars ($20.00) each, for which bills were omitted pursuant to section 30-161.
(5)
A list of uncollected balances of previously billed taxes amounting to less than twenty dollars ($20.00) each as to which the treasurer has determined that the costs of collecting such balance would exceed the amount recoverable, provided that the treasurer shall not include on such list any balances with respect to which he or she has reason to believe that the taxpayer has purposely paid less than the amount due and owing.
(6)
A list of uncollected balances of previously billed tangible personal property taxes on vehicles that (i) were owned by taxpayers, now deceased, upon whose estates no qualification has been made, or (ii) were transferred to bona fide purchasers for value pursuant to Virginia Code §§ 46.2-632, 46.2-633 or 46.2-634 without knowledge, on the part of the persons so transferring, of the unpaid taxes.
Notwithstanding any other provision of this section, no tax or levy which has been discharged or otherwise rendered legally uncollectable as to a taxpayer liable upon it in a proceeding under the United States Bankruptcy Code (Title 11 of the United States Code) shall be considered delinquent with respect to that taxpayer on and after the date such obligation is discharged or otherwise rendered legally uncollectable, and the treasurer shall not include any such discharged or uncollectable obligation in any list required to be prepared pursuant to this section. Any such discharged or uncollectable obligation shall be stricken from the books of the treasurer as of the date the obligation is discharged or otherwise rendered uncollectable, and the treasurer thereafter shall have no further duty to collect such tax or levy.
(b)
The lists mentioned in this section shall conform to the facts as they existed on June thirtieth of the year in which they are submitted to the city council. Delinquent real estate taxes shall be listed in the name of the owner on the date of assessment. For purposes of this chapter local taxes shall be delinquent if not paid when due. For purposes of compiling the lists required by this section, taxes shall be considered delinquent if all taxes are not paid by the date the last installment is due. Such lists and also, except as herein provided, the form of the oath to be taken by the city treasurer by which each list shall be verified shall be as prescribed by the state department of taxation. The oath shall declare that the city treasurer believes that no part of the taxes embraced in such lists has been or could have been collected by the treasurer, but the treasurer, in returning the list of real estate mentioned in subsection (a)(2) of this section shall, at the foot of such list, subscribe the following oath:
"I, ____________ , treasurer of the City of Charlottesville, do swear that the foregoing list is, I verily believe, correct and just, that I have not received full payment of the taxes for which real estate therein mentioned is returned delinquent, although I have used due diligence to collect such taxes."
(Code 1976, §§ 10-28, 10-29; 9-15-14(3))
State Law reference— Similar provisions, Code of Virginia, §§ 58.1-3921, 58.1-3922, 58.1-3923.
(a)
Upon the request of city council, the city treasurer shall furnish a copy of any of the six (6) lists mentioned in section 30-168(a) to the city council. Such lists shall be submitted at the first meeting of the city council held after the city treasurer has completed the lists.
(b)
The treasurer may, or shall at the direction of city council or a committee thereof, certify to the assessor a copy of the list of real estate on the assessor's land book improperly placed thereon or not ascertainable. The treasurer shall be given credit for the entire amount of the taxes included in the list and may destroy the tax tickets made out by him or her for such taxes. The treasurer shall be given credit for all taxes shown on the list mentioned in section 30-168(a)(4)—(6) and for obligations discharged in bankruptcy as described in 30-168(a).
(c)
All amounts on the list described in subsection (a)(4) of section 30-168 of this Code shall be charged off and exonerated.
(Code 1976, § 10-30; 9-15-14(3))
State Law reference— Similar provisions, Code of Virginia, § 58.1-3924.
The city council may cause the lists mentioned in subsections (a)(2) and (3) of section 30-168, or such parts thereof as deemed advisable by the treasurer, to be published in a newspaper of general circulation in the city or made available on the Internet site maintained by the city. The costs, if any, of publishing such lists shall be paid for by funds allocated for that purpose by the city council, and may be charged ratably to the delinquent taxpayers listed.
(Code 1976, § 10-31; 9-15-14(3))
State Law reference— Similar provisions, Code of Virginia, § 58.1-3924.
After delinquent taxes appear in the lists required by section 30-168(a), the city treasurer shall continue to collect the delinquent taxes on subjects other than real estate until the expiration of the applicable statute of limitations.
(Code 1976, § 10-33; 9-15-14(3))
State Law reference— Similar provisions, Code of Virginia, § 58.1-3927.
The city council may appoint or hire, with the approval of the treasurer and upon such terms as may be agreed upon, one (1) or more attorneys to collect any local taxes or other charges which have been delinquent for six (6) months or more. Any attorney so appointed or hired shall be entitled to exercise, for the purpose of collecting the taxes or other charges referred to him or her, the powers conferred by law upon the treasurer, shall promptly report and pay over to the treasurer all collections made and, at the conclusion of his term of appointment or employment, shall provide the treasurer with a list of those taxes or other charges referred to the attorney for collection that remain unpaid.
Proceedings under this chapter for the sale of property for delinquent taxes shall be instituted and conducted in the name of the City of Charlottesville by such attorney as the city council or treasurer employs for such purpose. The treasurer is authorized to post the necessary bonds for such attorneys to act as special commissioners for the sale of delinquent lands. The bond shall be delivered to the clerk of the circuit court of the City of Charlottesville and shall be recorded by the clerk in his or her special commissioner's bond book.
(Code 1976, § 10-34; 9-15-14(3))
State Law reference— Similar provisions, Code of Virginia, §§ 58.1-3928, 58.1-3933; sale of real estate for delinquent taxes, § 58.1-3965 et seq.
Pursuant to section 58.1-605 of the Code of Virginia, a local general retail sales tax at the rate of one (1) percent to provide revenue for the general fund for the city is hereby levied. Such tax shall be added to the rate of the state sales tax imposed by Code of Virginia, chapter 6 (section 58.1-600 et seq.) of title 58.1. It shall be subject to all provisions of such chapter, all amendments thereto and the rules and regulations published with respect thereto.
(Code 1976, § 10-54)
Pursuant to Code of Virginia, section 58.1-605, the local general retail sales tax levied pursuant to this article shall be administered and collected by the state tax commissioner in the same manner and subject to the same penalties as provided for the state sales tax, with the adjustments required by Code of Virginia, section 58.1-628.
(Code 1976, § 10-55)
Any term not defined herein shall, unless the context clearly requires otherwise, have the meaning ascribed to it in Virginia Code § 58.1-3812 and any future amendments thereto. In addition, the words, terms and phrases set forth immediately below, shall have the definitions ascribed to them in this section, and be subject to the applicable exclusions set forth in Virginia Code § 58.1-3812:
CCF means a volume of gas at standard pressure and temperature delivered in units of one hundred (100) cubic feet.
Consumer means a person who, individually or through agents, employees, officers, representatives, or permittees, makes a taxable purchase of utility services, and whose service address is located in the city.
Customer-generator (sometimes referred to as cogenerator) means a customer that owns and operates an electrical generating facility that: (i) has a capacity of not more than ten (10) kilowatts for residential customers and twenty-five (25) kilowatts for nonresidential customers, (ii) uses as its total source of fuel solar, wind, or hydro energy, (iii) is located on the customer's premises, (iv) is interconnected and operated in parallel with an electric company's transmission and distribution facilities, and (v) is intended primarily to offset all or part of the customer's own electricity requirements.
Electric service provider means the person that delivers electricity to a consumer. The term shall include, without limitation, a customer-generator.
Gas utility means a person authorized to furnish natural gas service in Virginia.
Kilowatt hours (kWh) delivered means one thousand (1,000) watts of electricity delivered in a one-hour period of time by an electric service provider to a consumer. With respect to eligible customer-generators, "kilowatt hours delivered" shall mean those kilowatt hours supplied from the electric grid to such customer-generators, minus the kilowatt hours generated and fed back to the electric grid by such customer-generators.
Local telecommunication service means, without limitation, the two-way local transmission of messages through use of switched local telephone services; telegraph services; teletypewriter; local cellular mobile radio telecommunication services; specialized mobile radio; stationary two-way radio; or any other form of two-way mobile and portable communications.
Mobile local telecommunication service means any two-way mobile or portable local telecommunication service, including cellular mobile radio telecommunication service and specialized mobile radio.
Person means any individual, corporation, partnership, association, company, business, trust, joint venture or other legal entity.
Pipeline distribution company means a person, other than a pipeline transmission company, that transmits natural gas, manufactured gas or crude petroleum, and the products or by-products thereof, by means of a pipeline, for sale to an ultimate consumer for purposes of furnishing heat or light.
Pipeline transmission company means a company authorized to transmit natural gas, manufactured gas or crude petroleum and the products or by-products thereof in the public service by means of a pipeline or pipelines from one point to another when such gas or petroleum is not for sale to an ultimate consumer for purposes of furnishing heat or light.
Purchaser means every consumer who purchases a utility service.
Residential consumer means, except where otherwise specifically provided, a consumer who is the owner or occupant of property used primarily for residential purposes (including, without limitation, apartment houses and other multiple-family dwellings) where such property is the consumer's service address to which electricity or gas is delivered.
Seller means every person, whether a public service corporation of the city or not, who sells a utility service to a consumer.
Utility services includes the following services furnished within the city: (i) local telecommunication service including mobile local telecommunication service and local telephone service, (ii) electricity service, (iii) gas service (including, without limitation the service provided by a gas utility or pipeline distribution company), (iv) water service, (v) monthly or periodical television service provided by cable operators using coaxial or fiber optic cable, or any other type of medium and operating on a franchise basis within the city, (vi) monthly or periodic television services provided by multipoint multichannel video distribution system operators (sometimes known as "wireless" cable operators), (vii) monthly or periodic television service provided by direct broadcast satellite systems ("DBS"), and (viii) monthly or periodic television service provided by operators of satellite master antenna television systems.
(Code 1976, § 10-46; 11-16-92; 12-5-94; 10-2-00)
Cross reference— Definitions and rules of construction generally, § 1-2.
(a)
There is hereby imposed and levied by the city, upon every purchase by a purchaser of a utility service, a tax in the amount of ten (10) percent of the charge made by the seller against the purchaser with respect to each utility service; provided that, in case any monthly bill submitted by any seller for service shall exceed three thousand dollars ($3,000.00), the tax on that portion of the charge in excess of three thousand dollars ($3,000.00) shall be at the rate of four (4) percent of the excess; provided, however, that this tax shall not be applicable to any amount charged to a purchaser of local mobile telecommunication service in excess of the applicable amount per month, in accordance with the following schedule:
| Fiscal Year | Applicable Amount |
| 1995—1996 | $100.00 |
| 1996—1997 | $50.00 |
| July 1, 1997 and thereafter | $30.00 |
(b)
For taxable years beginning on and after January 1, 2001, the consumer utility tax on consumers of electricity furnished by electric service providers and customer-generators shall be as set forth below.
(1)
For the purposes of this section, "class" shall mean a category of consumers defined as a class by their electric service provider.
(2)
There is hereby imposed and levied a monthly tax on electricity delivered to consumers by an electric service provider, as follows:
a.
For consumers in any residential class, such tax shall be seventy cents ($0.70), plus the rate of $0.007349 per kWh on the first forty thousand seven hundred twenty-six (40,726) kWh and $0.002940 per kWh on all kWh in excess of forty thousand seven hundred twenty-six (40,726) kWh.
b.
For consumers in any commercial class, such tax shall be one dollar fifteen cents ($1.15), plus the rate of $0.007115 per kWh on the first forty-nine thousand two hundred forty-two (49,242) kWh and $0.002868 per kWh on all kWh in excess of forty-nine thousand two hundred forty-two (49,242) kWh.
c.
For consumers in any industrial class, such tax shall be one dollar fifteen cents ($1.15), plus the rate of $0.009580 per kWh on the first thirty-six thousand five hundred seventy (36,570) kWh and $0.001755 per kWh on all kWh in excess of thirty-six thousand five hundred seventy (36,570) kWh.
(c)
For taxable years beginning on and after January 1, 2001, the consumer utility tax on consumers of natural gas furnished by gas utilities and pipeline distribution companies shall be as set forth below.
(1)
For the purposes of this section 30-222(c), the following words shall have the meanings ascribed to them below:
a.
"Firm-service" and "interruptible-service" consumers shall refer to customers of the city's municipal gas utility, as such consumer classes may be defined by the city; and
b.
"Residential" and "non-residential" consumers shall refer to classes of customers served by any gas utility or pipeline distribution company operating under a rate schedule approved by the Virginia State Corporation Commission, as such classes may be defined by the service provider in question.
(2)
There is hereby imposed and levied a monthly tax on natural gas delivered to consumers, as follows:
a.
For firm-service residential consumers such tax shall be eighty cents ($0.80), plus the rate of $0.0638 per CCF on the first four thousand five hundred (4,500) CCF, and $0.0214 per CCF on all CCF in excess of four thousand five hundred (4,500) CCF.
b.
For firm service non-residential consumers such tax shall be eighty cents ($0.80), plus the rate of $0.0919 per CCF on the first four thousand five hundred (4,500) CCF, and $0.0308 per CCF on all CCF in excess of four thousand five hundred (4,500) CCF.
c.
For interruptible service consumers, such tax shall be five dollars ($5.00), plus the rate of $0.0798 per CCF on the first four thousand seven hundred seventy (4,770) CCF, and $0.0308 per CCF on all CCF in excess of four thousand seven hundred seventy (4,770) CCF.
(d)
For the purposes of this section 30-221, bills shall be considered monthly bills if submitted twelve (12) times annually for a period of approximately one (1) month.
(Code 1976, § 10-47; 12-5-94; 10-2-00; 4-13-04(7), § 1; 4-13-04(8), § 1)
State Law reference— Authority for above tax, Code of Virginia, §§ 58.1-3812, 58.1-3814.
The following consumers are exempt from the consumer utility taxes imposed by this article:
(1)
The United States, the Commonwealth of Virginia and all political subdivisions, agencies (including, without limitation a functional division of a public agency which provides firefighting, police, medical or other emergency services or a private entity which provides such services on a voluntary basis), boards, commissions and authorities thereof; and
(2)
Any public safety answering point ("PSAP"), which shall mean and refer to a communications facility equipped and staffed on a twenty-four-hour basis to receive and process 911 calls.
(Code 1976, § 10-50; 10-2-00)
The tax imposed and levied by this article shall not apply to the purchase of bottled water.
(Code 1976, § 10-52)
The tax imposed and levied by this article on purchasers with respect to local telephone service shall apply to all charges made for local telephone service, except local messages which are paid for by inserting coins in coin-operated telephones.
(Code 1976, § 10-51; 12-5-94)
In all cases where the seller collects the price for utility services periodically, the tax imposed and levied by this article may be computed on the aggregate amount of purchases during such period; provided, that the amount of tax to be collected shall be the nearest whole cent to the amount computed.
(Code 1976, § 10-53)
(a)
It shall be the duty of every seller, in acting as the tax collecting medium or agency for the city, to collect from the purchaser for the use of the city the tax imposed and levied by this article, as well as the local consumption taxes imposed by § 58.1-2900 and § 58.1-2904 of the Virginia Code, at the time of collecting the purchase price charged for the utility service. It shall be the duty of every purchaser to pay the tax at such time.
(b)
A service provider or seller of local telecommunication services shall collect the tax from the consumer by adding the tax to the monthly gross charge for such services. The tax shall, when collected, be stated as a distinct item separate and apart from the monthly gross charge. Until the consumer pays the tax to the service provider, the tax shall constitute a debt of the consumer to the city. If any consumer refuses to pay the tax, the service provider shall notify the commissioner of the revenue. After the consumer pays the tax to the service provider, the taxes collected shall be deemed to be held in trust by the service provider until remitted to the commissioner of the revenue.
(1)
The tax shall be calculated and collected in accordance with the requirements of § 58.1-3812 of the Virginia Code.
(2)
If a customer believes that an amount of tax, charge, or fee or an assignment of place of primary use or taxing jurisdiction included on a billing is erroneous, the customer shall notify his home service provider in writing. The customer shall include in this written notification the street address for the customer's place of primary use, the account name and number for which the customer seeks a correction, a description of the error asserted by the customer, and any other information that the home service provider reasonably requires to process the request.
(c)
An electric service provider, gas utility, or pipeline distribution company shall bill the taxes required by this article, as well as the local consumption taxes imposed by § 58.1-2900 and § 58.1-2904 to all consumers who are subject to the tax, and shall remit such taxes to the city. Until the consumer pays the taxes to the electric service provider, gas utility or pipeline distribution company, the consumer utility tax shall constitute a debt to the city. If any consumer receives and pays for electricity or gas but refuses to pay the required taxes, the electric service provider, gas utility or pipeline distribution company shall notify the city of the name and address of such consumer. If any consumer fails to pay a bill issued by a electric service provider, gas utility, or pipeline distribution company, including any required taxes as stated thereon, the electric service provider, gas utility or pipeline distribution company shall follow its normal collection procedures with respect to the charge for electric service or gas delivery as well as the required taxes, and upon collection of the bill or any part thereof, shall (i) apportion the net amount collected between the charge for electric service or gas delivery and the required taxes and (ii) remit the tax portion to the city. After the consumer pays the tax, the tax shall be deemed to be held in trust by such electric service provider, gas utility or pipeline distribution company until remitted to the city.
(d)
The commissioner of the revenue shall have the final responsibility to see that the taxes which are the subject of this article are paid to the city and, in that regard, may adopt appropriate regulations and procedures to facilitate and expedite the collection of said taxes. All such regulations and procedures shall be consistent with state law and other provisions of this Code.
(Code 1976, §§ 10-47, 10-48; 12-5-94; 10-2-00; 1-5-04(1), § 3)
Taxes collected pursuant to this article during each calendar month shall be reported by each seller to the commissioner of revenue. The seller shall remit the amount of tax shown by the report to have been collected to the city treasurer on or before the last day of the first calendar month thereafter, together with the name and address of any purchaser who has refused to pay his tax. The required reports shall be in the form prescribed by the commissioner of revenue.
(Code 1976, § 10-48)
Each seller shall keep complete records showing all purchases in the city, which records shall show the price charged against each purchaser with respect to each purchase, the date thereof, the date of payment thereof and the amount of tax imposed under this article. Such records shall be kept open for inspection by the duly authorized agents of the city at reasonable times, and the duly authorized agents of the city shall have the right, power and authority to make transcripts thereof during such times as they may desire.
(Code 1976, § 10-49)
Notwithstanding any other provision in this article which may appear to be to the contrary, whenever the city is acting as a transporter of natural gas rather than as a seller, the city shall perform duties imposed by this article on a seller with respect to collection, reporting and record keeping of utility services taxes generated by the gas being transported and consumed.
(Code 1976, § 10-48)
Any person violating or failing to comply with any of the provisions of this article shall be guilty of a Class 3 misdemeanor. Conviction of such violation shall not relieve any person from the payment, collection or remittance of the tax provided for in this article.
(Code 1976, § 10-69)
Cross reference— Penalty for Class 3 misdemeanor, § 1-11.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Hotel means any public or private hotel, inn, hostelry, tourist home or house, motel or rooming, boarding or lodging house within the city offering lodging as defined in this section, for compensation, to any transient as defined in this section.
Lodging means the rental of room or space to any transient for compensation, by a hotel as defined in this section, or the occupancy of such room or space by such transient. If the charge made by any hotel to such transient includes any charge for meals, parking or other services or accommodations in addition to lodging or the use of such room or space, then such portion of such total charge as represents only room or space rental shall be distinctly set out and billed to such transient by such hotel as a separate item.
Transient means any person who, for a period of not more than thirty (30) consecutive days, either at his own expense or at the expense of another, obtains lodging for which a charge is made at a hotel, as defined in this section.
(Code 1976, § 10-60)
Cross reference— Definitions and rules of construction generally, § 1-2.
There is hereby imposed and levied upon every transient obtaining or occupying lodging within the city, in addition to all other taxes and fees of every kind now imposed by law, a tax equivalent to seven (7) percent of the amount charged for such lodging.
(Code 1976, § 10-61; 5-19-97, § 1; 4-13-04(9), § 1; 4-12-16, § 1, eff. 7-1-16)
State Law reference— Authority of city to impose tax on transient room rentals, Code of Virginia, § 58.1-3840.
No tax shall be payable under this article on any charge for lodging in, and during care or treatment in, any hospital, medical clinic, nursing or convalescent home, extended health care facility, sanatorium or sanitorium, home for the aged, infirmed, orphaned, disabled, or mentally retarded or other like facility; or in any educational institution.
(Code 1976, § 10-67; 6-16-14)
Every person receiving any payment for lodging with respect to which a tax is levied under this article shall collect the amount of such tax so imposed from the transient on whom such tax is levied, or from the person paying for such lodging at the time payment for such lodging is made. The taxes so collected shall be deemed to be held in trust for the city by the person required to collect them, until they have been remitted to the city as provided in this article.
(Code 1976, § 10-62)
Every person collecting any tax levied by this article shall make out a report thereof, upon such forms and setting forth such information as the commissioner of revenue may prescribe and require, showing the amount of lodging charges collected and the amount of tax required to be collected thereon, and shall sign and deliver the same to the commissioner together with a remittance of such tax, made payable to the city treasurer. Such reports and remittances shall be made on or before the 20th of each month, covering the amount of tax collected during the preceding month. All remittances received under this article by the commissioner shall be promptly turned over to the treasurer.
(Code 1976, § 10-62; 4-10-12, § 1, eff. 1-1-13)
Editor's note— It should be noted that the provisions of an ordinance adopted April 10, 2012 become effective January 1, 2013.
It shall be the duty of every person liable for the collection and remittance of any tax imposed by this article to keep and preserve for a period of two (2) years such suitable records as may be necessary to determine the amount of charges for lodging, and tax thereon as he may have been responsible for collecting and paying to the city. The commissioner of revenue shall have the right to inspect all such records at any reasonable time.
(Code 1976, § 10-65)
Whenever any person required to collect and remit to the city any tax imposed by this article shall cease to operate or otherwise dispose of his business, such tax shall immediately become due and payable, and such person shall forthwith make a report and remittance thereof.
(Code 1976, § 10-66)
If any person, whose duty it is to do so, shall fail or refuse to make a report and remit the tax as required by this article within the time and in the amount required, there shall be added to such tax by the commissioner of revenue a penalty in the amount of five (5) percent of such tax, or a minimum of two dollars ($2.00), if such failure is for not more than thirty (30) days in duration.
(Code 1976, § 10-63; 11-7-05(1), § 5)
(a)
If any person, whose duty it is to do so, shall fail or refuse to collect the tax imposed under this article and make timely report and remittance thereof, the commissioner of revenue shall proceed in such manner as is practicable to obtain facts and information on which to base an estimate of the tax due. As soon as the commissioner has procured such facts and information as may be obtainable, upon which to base the assessment of any tax payable by any person who has failed to collect, report or remit such tax, the commissioner shall proceed to determine and assess against such person the tax, penalty and interest provided in this article, and shall notify such person by registered mail sent to his last known address, of the amount of such tax, penalty and interest, and the total amount thereof shall be payable within ten (10) days from the date such notice is sent.
(b)
It shall be the duty of the commissioner of revenue to ascertain the name of every person operating a hotel in the city, liable for the collection of the tax imposed by this article, who fails, refuses or neglects to collect such tax or to make the reports and remittances required by this article. The commissioner may have issued a summons for such person, which summons may be served upon such person by any city police officer in the manner provided by law, and one (1) return of the original thereof shall be made to the general district court for the city.
(Code 1976, §§ 10-64, 10-68)
Editor's note— An ordinance adopted Nov. 15, 2004, § 6, repealed § 30-261, which pertained to application of correction. See also the Code Comparative Table.
Any person violating or failing to comply with any of the provisions of this article shall be guilty of a Class 3 misdemeanor. Conviction shall not relieve any person from the payment, collection or remittance of the tax as provided in this article. Each violation or failure shall be a separate offense.
(Code 1976, § 10-103)
Cross reference— Penalty for Class 3 misdemeanor, § 1-11.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Beverage means non-factory-sealed beverages (including alcoholic beverages, as defined within section 4.1-100 of the Code of Virginia, as well as non-alcoholic beverages).
Bulk food sale means a sale of any food item, in an amount that would exceed the normal, customary and usual portion sold for on-premises consumption by an individual (e.g., a whole cake, a gallon of ice cream, etc.)
Caterer means a person who furnishes meals on the premises of another for compensation.
Meal means any prepared food (including, without limitation, sandwiches, salad bar items sold from a salad bar, and prepackaged single-serving salads consisting primarily of an assortment of vegetables) and beverages, as defined within this section, offered or held out for sale by a restaurant or caterer for the purpose of being consumed by an individual or group of individuals at one (1) time to satisfy the appetite. All such food and beverages shall be included, whether prepared in such restaurant or not, and whether intended to be consumed on the seller's premises or elsewhere, whether designated as breakfast, lunch, dinner, supper or by some other name, and without regard to the manner, time or place of service.
Purchaser means any person who purchases a meal.
Restaurant means a restaurant as defined within subdivision 9 of section 35.1-1 of the Code of Virginia, including, without limitation any place in the city from which or in which meals are sold. Examples of restaurants include, but are not limited to, places of business known as bars, cafes, cafeterias, catering services, coffee shops, clubs, delicatessens, diners, dining rooms, eateries, grills, lunch counters, restaurants or snack bars, and grocery stores and convenience stores selling prepared foods ready for human consumption at a delicatessen counter or other portion of such stores.
Seller means any restaurant or caterer selling meals, or the person operating such business.
(Code 1976, § 10-90; 6-19-00(5), § 1; 11-15-04(1), § 7)
Cross reference— Definitions and rules of construction generally, § 1-2.
(1)
In addition to all other taxes and fees of any kind now or hereafter imposed by law, a tax is hereby levied and imposed on the purchaser of every meal sold in the city by a restaurant or caterer. The rate of this tax shall be 5% of the amount paid for the meal. There shall be no tax if the total amount paid is less than thirteen cents ($0.13); on larger amounts a fractional cent of tax due shall be rounded to the next higher cent.
(2)
The city manager shall, no later than October 1, 2016, report to city council the total amount of meals tax revenue received by the city for the period from July 1, 2015 through June 30, 2016, and the average annual amount of meals tax revenue received by the city for the three (3) fiscal years immediately prior to July 1, 2015. If the amount of the fiscal year 2016 meals tax revenue is at least 10% less than the prior three-year average, on a rate-adjusted basis, the city manager's report shall also include an analysis of the factors that may be responsible for the decline in meals tax revenue. If city council finds that the decline in revenue is attributable to the 1% increase in the meals tax, which became effective July 1, 2015, city council shall take the necessary actions to repeal the 1% increase, effective at midnight, June 30, 2017.
(Code 1976, § 10-91; 6-19-00(5), § 1; 4-15-03(3), § 1; 1-5-04(1), § 4; 4-14-15, eff. 7-1-15)
State Law reference— Authority for above tax, Code of Virginia, § 58.1-3840.
(a)
The tax imposed under this ordinance shall not be levied on prepackaged candy, gum, nuts and other items of essentially the same nature served for on- or off-premises consumption.
(b)
The tax imposed under this article shall not be levied on the following items, when such items are served exclusively for off-premises consumption:
(1)
Prepackaged doughnuts, crackers, chips, cookies and items of essentially the same nature;
(2)
A bulk food sale;
(3)
Drinks sold in factory-sealed containers, whether alcoholic or non-alcoholic;
(4)
Any food or food product purchased with food coupons issued by the United States Department of Agriculture under the federal Supplemental Nutrition Assistance Program (SNAP), or drafts issued through the Virginia Special Supplemental Food Program for Women, Infants and Children;
(5)
Any food or food product purchased for home consumption, except hot food or hot food products ready for immediate consumption, other than food as defined in the federal Food Stamp Act of 1977, 7 U.S.C. section 2012, as amended, and the federal regulations adopted pursuant to that act (including, without limitation food and beverages excluded from the tax as set forth within subparagraphs (d)(3), (4), (6) and (7) herein below. For the purposes of administering the tax levied hereunder, the following items, whether or not purchased for immediate consumption, shall be deemed to be excluded from the definition of "food" under the federal SNAP: sandwiches, salad bar items sold from a salad bar, pre-packaged single-serving salads consisting primarily of an assortment of vegetables, and beverages (as defined within section 30-282).
(c)
Food sold by grocery stores or convenience stores, other than prepared foods ready for human consumption sold at a delicatessen counter or other portion of a grocery or convenience store, shall not be subject to the tax imposed under this article.
(d)
The tax imposed under this article shall not be levied on the following purchases or sales of food and beverages:
(1)
Meals furnished by restaurants to employees as part of their compensation when no charge is made to the employee.
(2)
Meals sold or provided by daycare centers, and meals sold or provided by public or private elementary or secondary schools, or public or private colleges and universities, to their students or employees.
(3)
Meals when used or consumed and paid for directly out of public funds by the Commonwealth of Virginia, any political subdivision of the Commonwealth, or the United States.
(4)
Meals sold or provided by a hospital, medical clinic, convalescent home, nursing home or other extended care facility, to patients or residents thereof, and meals sold or provided by age-restricted apartment complexes or residences with restaurants, not open to the public, where meals are served and fees are charged for and are included in rental fees.
(5)
Meals furnished by a college fraternity or sorority to its members.
(6)
Meals furnished to elderly, infirm, blind, handicapped or needy persons by a nonprofit charitable organization, or by a private establishment under a contract with an agency of the Commonwealth of Virginia, in their homes or at central locations.
(7)
Meals sold by a nonprofit educational, religious, charitable or benevolent organization the first three (3) times per calendar year, and beginning with the fourth time, on the first one hundred thousand dollars ($100,000.00 of gross receipts per calendar year from sales of food and beverages (excluding gross receipts from the first three (3) times), as a fund-raising activity, the gross proceeds of which are to be used exclusively for nonprofit educational, charitable, benevolent, or religious purposes.
(8)
Food or beverages sold from vending machines.
(9)
Served by churches for their members as a regular part of their religious observances.
(10)
Any other sale of a meal which is exempt from taxation under the Virginia Retail Sales and Use Tax Act (Code of Virginia, § 58.1-600 et seq.), or administrative rules and regulations issued pursuant thereto.
(Code 1976, § 10-101; 6-19-00(5), § 1; 6-16-14; 6-1-15(3))
(a)
Where a purchaser provides a tip for an employee of a seller and the amount of the tip is wholly in the discretion of the purchaser, the tip is not subject to the tax imposed by this article, whether paid in cash to the employee or added to the bill and charged to the purchaser's account, provided, in the latter case, the full amount of the tip is turned over to the employee by the seller.
(b)
The meals tax imposed by this article shall not be imposed on that portion of the amount paid by a purchaser as a mandatory gratuity or service charge added by the restaurant in addition to the sales price of the meal, but only to the extent that such mandatory gratuity or service charge does not exceed twenty (20) percent of the sales price.
(Code 1976, § 10-100; 12-18-06(1), § 2)
(a)
In every case the tax levied by this article shall be collected by the seller and paid by the purchaser at the time the charge for the meal becomes due and payable, whether payment is to be made in cash or on credit by means of a credit card or otherwise. The seller shall add the tax to the amount charged for the meal, and shall pay the taxes collected to the city as provided in this article.
(b)
All amounts collected as taxes under this article shall be deemed to be held in trust by the seller collecting them, until remitted to the city as provided by this article. The wrongful and fraudulent use of such collections other than remittance of the same as provided by law shall constitute embezzlement pursuant to § 18.2-111 of the Virginia Code.
(Code 1976, §§ 10-92, 10-93; 1-5-04(1), § 4)
State Law reference— Similar provisions, § 58.1-3833(C) of the Virginia Code, as amended March 2003.
The commissioner of revenue may require all prospective sellers of meals licensed to do business in the city to register for collection of the tax imposed by this article. Every seller shall make a report for each calendar month, showing the amount of charges collected for meals and the amount of tax required to be collected. The monthly reports shall be made on forms prescribed by the commissioner and shall be signed by the seller. They shall be delivered to the commissioner on or before the 20th of the calendar month following the month being reported. Each report shall be accompanied by a remittance of the amount of tax due, made payable to the city treasurer. The commissioner shall promptly transmit all taxes received to the city treasurer.
(Code 1976, § 10-94; 4-10-12, § 1, eff. 1-1-13)
Editor's note— It should be noted that the provisions of an ordinance adopted April 10, 2012 become effective January 1, 2013.
For the purpose of compensating sellers for the collection of the tax imposed by this article, every seller shall be allowed three (3) percent of the amount of the tax due and accounted for in the form of a deduction on the seller's monthly return, provided the amount due is not delinquent at the time of payment.
(Code 1976, § 10-94.1)
It shall be the duty of every person liable for collection and remittance of the taxes imposed by this article to keep and preserve for a period of two (2) years records showing all purchases taxable under this article, the amount charged the purchaser for each such purchase, the date thereof, the taxes collected thereon and the amount of tax required to be collected by this article. The commissioner of revenue shall have the power to examine such records at reasonable times and without unreasonable interference with the business of such person for the purpose of administering and enforcing the provisions of this article and to make transcripts of all or any parts thereof.
(Code 1976, § 10-97)
Whenever any person required to collect and remit to the city any tax imposed by this article shall cease to operate or otherwise dispose of his business, the tax shall immediately become due and payable, and the person shall immediately make a report and remittance thereof.
(Code 1976, § 10-98)
If any person whose duty it is to do so shall fail or refuse to make a report and remit the tax as required by this article within the time and in the amount required, there shall be added to such tax by the commissioner of revenue a penalty in the amount of five (5) percent of such tax, or a minimum of two dollars ($2.00), if such failure is for not more than thirty (30) days in duration.
(Code 1976, § 10-95; 11-7-05(1), § 6)
(a)
If any person whose duty it is to do so shall fail or refuse to collect the tax imposed under this article and make timely report and remittance thereof, the commissioner of revenue shall proceed in such manner as is practicable to obtain facts and information on which to base an estimate of the tax due. As soon as the commissioner has procured whatever facts and information may be obtainable, upon which to base the assessment of any tax payable by any person who has failed to collect, report or remit such tax, the commissioner shall proceed to determine and assess against such person the tax, penalty and interest provided in this article, and shall notify the person, by certified mail sent to his last known address, of the amount of such tax, penalty and interest. The total amount thereof shall be payable ten (10) days after the date such notice is sent.
(b)
It shall be the duty of the commissioner of revenue to ascertain the name of every person operating a restaurant in the city, liable for the collection of the tax imposed by this article, who fails, refuses or neglects to collect such tax or to make the reports and remittances required by this article. The commissioner may have issued a summons for such person, and the summons may be served upon such person by any city police officer in the manner provided by law. One (1) return of the original summons shall be made to the general district court for the city.
(c)
In the event the purchaser of any meal refuses to pay the tax imposed by this article, the seller may call upon the police department for assistance; and the investigating officer may, when probable cause exists, issue the purchaser a summons returnable to the general district court as provided by law.
(Code 1976, §§ 10-96, 10-102)
No seller shall advertise or hold out to the public in any manner, directly or indirectly, that all or any part of a tax imposed under this article will be paid or absorbed by the seller or by anyone else, or that the seller or anyone else will relieve any purchaser of the payment of all or any part of the tax.
(Code 1976, § 10-99)
Editor's note— An ordinance adopted Nov. 15, 2004, § 7, repealed § 30-294, which pertained to application of correction. See also the Code Comparative Table.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Affiliated means any common ownership interest in excess of five (5) percent of any officers or partners in common with the lessor and lessee.
Daily rental property means all tangible personal property held for rental and owned by a person engaged in the short-term rental business, except trailers, as defined in Code of Virginia, section 46.2-100, and other tangible personal property required to be licensed or registered with the state department of motor vehicles, the state department of game and inland fisheries or the state department of aviation.
Gross proceeds means the total amount charged to each person for the rental of daily rental property, excluding any state and local sales tax paid pursuant to the Virginia Retail Sales and Use Tax Act (Code of Virginia, § 58.1-600 et seq.).
Short-term rental business means a person is engaged in the short-term rental business if not less than eighty (80) percent of the gross rental receipts of such business in any year are from transactions involving rental periods of ninety-two (92) consecutive days or less, including all extensions and renewals to the same person or a person affiliated with the lessor. For purposes of this test:
(1)
Any rental to a person affiliated with the lessor shall be treated as rental receipts but shall not qualify for purposes of the eighty (80) percent requirement, and
(2)
Any rental of personal property which also involves the provision of personal services for the operation of the personal property rented shall not be treated as gross receipts from rental. For purposes of this section, the delivery and installation of tangible personal property shall not mean operation.
(11-6-89, § 1(10-104))
Cross reference— Definitions and rules of construction generally, § 1-2; persons engaged in short-term rental business, as above defined, classified as retail merchants for license tax purposes, § 14-1; license tax on such persons, § 14-49(b).
State Law reference— Similar provisions, Code of Virginia, §§ 58.1-3510, 58.1-3510.1.
Pursuant to Code of Virginia, section 58.1-3510.1, there is hereby levied and imposed on every person engaged in the short-term rental business a tax of one (1) percent on the gross proceeds of such business. Such tax shall be in addition to the tax levied by section 30-196.
(11-6-89, § 1(10-105))
No tax shall be collected or assessed under this article on rentals by the commonwealth, any political subdivision of the commonwealth or the United States or on any rental of durable medical equipment as defined in Code of Virginia, subdivision 7(b) of section 58.1-608. Additionally, all exemptions applicable in Code of Virginia, chapter 6 of title 58.1 (section 58.1-600 et seq.) shall apply to the daily rental property tax levied by this article.
(11-6-89, § 1(10-110))
State Law reference— Similar provisions, Code of Virginia, §§ 58.1-3510.1, 58.1-3510.3.
(a)
Every person engaging in the business of short-term rental of tangible personal property shall file annually an application for a certificate of registration with the commissioner of revenue. The application shall be on a form prescribed by the commissioner and shall set forth the name under which the applicant intends to operate the rental business, the location and such other information as the commissioner may require. Each applicant shall sign the application as owner of the rental business. If the rental business is owned by an association, partnership or corporation, the application shall be signed by a member, partner, executive officer or other person specifically authorized by the association, partnership or corporation to sign.
(b)
Upon approval by the commissioner of revenue of an application filed under this section, a certificate shall be issued. The certificate shall be conspicuously displayed at all times at the place of business for which it is issued.
(c)
The certificate issued under this section is not assignable and shall be valid only for the person in whose name it is issued and the place of business designated.
(11-6-89, § 1(10-111))
State Law reference— Similar provisions, Code of Virginia, § 58.1-3510.2.
Any person engaged in the short-term rental business shall collect the rental tax levied by this article from the lessee of the property at the time of the rental. The lessor of the daily rental property shall transmit a quarterly return to the commissioner of revenue, indicating the gross proceeds derived from the short term rental business on or before the fifteenth day of each of the months of April, July, October and January, representing, respectively, the gross proceeds and taxes collected during the preceding calendar quarters ending March 31, June 30, September 30 and December 31. The return shall be upon such forms and setting forth such information as the commissioner may require, showing the amount of gross receipts and the tax required to be collected. The commissioner of the revenue shall assess the tax due, and the short-term rental business shall pay the tax so assessed to the treasurer no later than the last day of the month following the end of the calendar quarter. The taxes required to be collected under this article shall be deemed to be held in trust by the person required to collect such taxes until remitted as required in this article.
(11-6-89, § 1(10-107); 10-19-15(2))
If any person, whose duty it is so to do, shall fail or refuse to remit to the commissioner of revenue the tax required to be collected and paid under this article within the time specified in this article, there shall be added to such tax a penalty in the amount of ten (10) percent of the tax past due or the sum of ten dollars ($10.00), whichever is the greater; provided, that the penalty shall in no case exceed the amount of the tax assessable. The assessment of such penalty shall not be deemed a defense to any criminal prosecution for failing to make any return or remittance as required in this article. Penalty for failure to pay the tax assessed pursuant to this article shall be assessed on the first day following the day such quarterly installment payment is due.
(11-6-89, § 1(10-109); 11-7-05(1), § 7)
If any person, whose duty it is so to do, shall fail or refuse to collect the tax imposed under this article and to make, within the time provided in this article, the returns and remittances required in this article, the commissioner of revenue shall proceed in such manner as he may deem best to obtain facts and information on which to base an estimate of the tax due. As soon as the commissioner procures such facts and information as he is able to obtain upon which to base the assessment of any tax payable by any person who has failed or refused to collect such tax and to make such return and remittance, he shall proceed to determine and assess against such person the tax, penalty and interest provided for by this article and shall notify such person, by certified mail, sent to his last known place of address, of the total amount of such tax, penalty and interest and the total amount thereof shall be payable within ten (10) days from the date of such notice. In the event such tax is not paid within ten (10) days from the date of the notice, the city treasurer shall proceed to collect same in accordance with article VI of this chapter and Code of Virginia, chapter 39 of title 58.1 (section 58.1-3900 et seq.).
(11-6-89, § 1(10-108))
Except for daily rental passenger cars, rental property that is not daily rental property shall be classified for taxation pursuant to section 30-31 of this Code and Code of Virginia, section 58.1-3503.
(11-6-89, § 1(10-106))
State Law reference— Similar provisions, Code of Virginia, § 58.1-3510.
Any person who willfully fails or refuses to file a return as required under this article or makes a false statement with intent to defraud in such returns, shall be guilty of a Class 3 misdemeanor; provided, however, that if the amount of tax due and unpaid for any quarterly installment exceeds one thousand dollars ($1,000.00), such person shall be guilty of a Class 1 misdemeanor.
(11-6-89, § 1(10-112))
Cross reference— Penalty for Class 1 or 3 misdemeanor, § 1-11.
Editor's note— An ordinance adopted Nov. 15, 2004, § 8, repealed § 30-325, which pertained to application of correction. See also the Code Comparative Table.
The following words, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Bank means any bank within the definition set forth in Code of Virginia, section 58.1-1201.
Net capital means a bank's net capital computed pursuant to Code of Virginia, section 58.1-1205.
(Code 1976, § 10-86)
Cross reference— Definitions and rules of construction generally, § 1-2.
Pursuant to § 58.1-1208 of the Code of Virginia there is hereby imposed upon each bank located within the boundaries of the city a tax in the amount of eighty (80) percent of the state rate of taxation on each one hundred dollars ($100.00) of the net capital of such bank, subject to applicable provisions of Chapter 12 (§ 58.1-1200 et seq.) of the Code of Virginia.
(Code 1976, § 10-87; 11-15-04(1), § 9)
State Law reference— Authority for above tax, Code of Virginia, § 58.1-1208.
(a)
On or after the first day of January of each year, but not later than the first day of March of any such year, all banks whose principal offices are located within the city shall prepare and file with the commissioner of revenue a return in duplicate, as provided by Code of Virginia, section 58.1-1207, which shall set forth the tax on net capital computed pursuant to Code of Virginia, section 58.1-1205. The commissioner of revenue shall certify a copy of the bank's return and schedules and shall forthwith transmit such certified copy to the state department of taxation.
(b)
In the event that the principal office of a bank is located outside the boundaries of the city and such bank has branch offices located within the city, in addition to the filing requirements set forth in subsection (a) of this section, the bank conducting such branch business shall file with the commissioner of revenue a copy of the real estate deduction schedule, apportionment and other items which are required by Code of Virginia, sections 58.1-1207 and 58.1-1212.
(c)
Each bank, on or before the first day of June of each year, shall pay the city treasurer all taxes imposed pursuant to this article.
(Code 1976, § 10-88)
Any bank which fails to file a return or pay the tax required by this article or fails to comply with any other provision of this article shall be subject to a penalty of five (5) percent of the tax due. If the commissioner of revenue is satisfied that such failure is due to providential or other good cause, such return and payment of tax shall be accepted exclusive of such penalty, but with interest determined in accordance with Code of Virginia, section 58.1-15.
(Code 1976, § 10-89)
There is hereby imposed and levied by the city a tax equal to one-third of the amount of the state recordation tax collectible for the state on the first recordation of each taxable instrument in this city; provided, that no tax under this section shall be imposed or levied upon any instrument upon which the state recordation tax is fifty cents ($0.50) specifically.
(Code 1976, § 10-44)
State Law reference— Authority for above tax, Code of Virginia, §§ 58.1-814, 58.1-3800.
Where a deed or other instrument conveys, covers or relates to property located within the city and also to property located in Albemarle County, the tax imposed under this article shall be computed only with respect to that portion of the property located in the city.
(Code 1976, § 10-44)
State Law reference— Similar provisions, Code of Virginia, § 58.1-3801.
The clerk of the circuit court for the city shall collect the tax imposed by this article and pay the same to the city treasurer.
(Code 1976, § 10-44)
State Law reference— Similar provisions, Code of Virginia, § 58.1-3803.
There is hereby imposed and levied by the city a tax equal to one-third of the amount of the state tax collectible for the state on the probate of a will or the grant of administration.
(Code 1976, § 10-45)
State Law reference— Authority for above tax, Code of Virginia, §§ 58.1-1718, 58.1-3805.
The clerk of the circuit court for the city shall collect the tax imposed by this article and pay the same to the city treasurer.
(Code 1976, § 10-45)
State Law reference— Similar provisions, Code of Virginia, § 58.1-3806.
(a)
Pursuant to section 58.1-3813.1, Code of Virginia, there is hereby imposed a special tax on consumers of telephone service in the amount of one dollar fifty cents ($1.50) per month for each access line.
(b)
The tax imposed herein shall be first utilized solely for the initial capital, installation, and maintenance cost of the E-911 emergency telephone system. This levy shall be reduced when the capital and installation costs have been fully recovered to the level necessary to offset recurring maintenance cost only.
(c)
This levy shall not apply to federal, state or local government agencies.
(d)
The levy shall apply to all bills rendered on or after July 1, 2004. The levy shall apply to each access line separately
(6-3-91, § 1; 4-13-04(10), § 1)
The following words and terms shall have the meanings respectively ascribed to them, unless the context indicates a different meaning:
Access line. Access by customer to total telephone network.
E-911 system. A telephone service which utilizes a computerized system to automatically route emergency telephone calls placed by dialing the digits "911" to the proper public safety answering point serving the city. The E-911 system includes selective routing of telephone calls, automatic telephone identification and automatic location identification performed by computers and other ancillary control center communications equipment.
Public safety agency. A functional division of a public agency which provides firefighting, police, medical or other emergency services or a private entity which provides such services on a volunteer basis.
Public safety answering point. A communications facility operated on a twenty-four-hour basis which first receives E-911 calls from the persons in an E-911 service area and which may, as appropriate, directly dispatch public safety services or extend, transfer or relay E-911 calls to the appropriate public safety agencies.
(6-3-91, § 1)
(a)
It shall be the duty of every seller or provider of telephone service to purchasers or consumers of telephone service within the city to bill and collect this levy on each telephone line rendered by it. After deducting three (3) percent of the total tax collected, the seller shall report and pay over the remaining balance of all tax collected in any calendar month to the city treasurer on or before the last day of the first calendar month thereafter. The seller shall, upon payment of the tax collected hereunder, report to the city treasurer the names and addresses of all purchasers or consumers of telephone service who have failed to pay the tax imposed by this article.
(b)
The seller shall keep complete records showing all purchases of telephone service to consumers in the city, which records shall show the date of service, the date of billing, the date of payment thereof, and the amount of tax imposed hereunder. Such records shall be available for inspection by the duly authorized agents of the city at reasonable times.
(6-3-91, § 1)
The tax collected is appropriated solely for the initial capital, installation and maintenance costs of the E-911 system, and the city treasurer shall deposit all levies collected and remitted from providers of the telephone service into the capital improvements fund with a separate accounting of such funds to be used solely for the purposes authorized by this article.
(6-3-91, § 1)
Any purchaser failing, refusing or neglecting to pay the tax herein imposed or levied, and any seller violating the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). Each failure, refusal, neglect or violation and each day's continuance shall constitute a separate offense.
(6-3-91, § 1)
(a)
There is hereby assessed a fee of two dollars ($2.00) as part of the costs (i) in each civil action, or (ii) in each criminal or traffic case in which the defendant is charged with violation of any statute or ordinance; provided such actions are filed in the General District Court for the City of Charlottesville or in the Circuit Court for the City of Charlottesville or these actions arise in the City of Charlottesville and are filed in the Charlottesville-Albemarle Juvenile and Domestic Relations District Court. The costs so assessed shall be used for the purpose of providing for the construction, renovation or maintenance of the courthouse or jail and court-related facilities serving the city and to defray the costs of cooling, heating, electricity and ordinary maintenance in these facilities. The fees shall be collected by the clerks of the respective courts involved and remitted to the city treasurer, who shall hold the fees in the facilities repair fund in a separate account subject to disbursements by the governing body for the purposes stated above.
(b)
There is hereby assessed an additional fee of three dollars ($3.00) as part of the costs in (i) each civil action, and (ii) each criminal or traffic case in which the defendant is charged with a violation of any statute or ordinance; provided such actions are filed in the General District Court for the City of Charlottesville or in the Circuit Court for the City of Charlottesville or these actions arise in the City of Charlottesville and are filed in the Charlottesville-Albemarle Juvenile and Domestic Relations District Court. Such additional fee assessed under this subsection shall not be assessed in any civil action if the amount in controversy is five hundred dollars ($500.00) or less. The assessment shall be collected by the clerk of the court in which the action is filed, remitted to the treasurer of the city, and held by such treasurer subject to disbursements by the city council solely for the construction, reconstruction, renovation of, or adaptive re-use of a structure for a courthouse.
(c)
The assessments provided for in this section shall be in addition to any other fees prescribed by law.
(8-17-92; 10-7-13(2))
There is hereby assessed a fee of ten dollars ($10.00) as part of the costs in each criminal or traffic case in which the defendant is convicted of a violation of any statute or ordinance; provided such actions are filed in the General District Court for the City of Charlottesville or in the Circuit Court for the City of Charlottesville. The costs so assessed shall be used for the funding of courthouse security personnel. The fees shall be collected by the clerks of the respective courts involved and remitted to the city treasurer, who shall hold the fees in a designated account subject to disbursements by the governing body for the purposes stated above.
(5-20-02(3); Ord. of 6-4-07(1), § 1)
Editor's note— The amendment increasing the applicable fee from $5.00 to $10.00 shall take effect July 1, 2007, as provided in § 2 of said ordinance.
Except where the context clearly indicates a different meaning, the following words and phrases shall, for purposes of this article, have the meanings respectively ascribed to them in this section:
Cigarette means any roll of any size or shape for smoking, whether filtered or unfiltered, with or without a mouthpiece, made wholly or partly of cut, shredded or crimped tobacco or other plant or substitute for tobacco, whether the same if flavored, adulterated or mixed with another ingredient, if the wrapper or cover is made of any material other than leaf tobacco or homogenized leaf tobacco, regardless of whether the roll is labeled or sold as a cigarette or by any other name.
City means Charlottesville, Virginia.
Dealer means every manufacturer, manufacturer's representative, selfwholesaler, wholesaler, public warehouser or other person who supplies a seller within the city with cigarettes.
Director means the director of finance for the City of Charlottesville, or his or her designee.
Package means any container, regardless of the material used in its construction in which separate cigarettes are placed without such cigarettes being placed into any container within the package. Packages are those containers of cigarettes from which individual cigarettes are ordinarily taken when they are consumed by their ultimate user.
Person means any individual, firm, unincorporated association, company, corporation, joint stock company, group, agency, syndicate, trust or trustee, receiver, fiduciary, partnership and conservator. The word "person" as applied to a partnership, unincorporated association or other joint venture means the partners or members thereof, and as applied to a corporation shall include all the officers and directors thereof.
Sale means every act or transaction, regardless of the method or means employed, including the use of vending machines and other mechanical devices, whereby title to any cigarettes shall be transferred from the seller to any other person within the corporate limits of the city.
Seller means every person who transfers title to any cigarettes, or in whose place of business title to any cigarettes is transferred, within the corporate limits of the city, for any purpose other than resale.
Stamp means a small gummed piece of paper or decalcomania to be sold by the city treasurer and to be affixed, manually or by machine, to every package of cigarettes sold at retail in the city, under the authorization of the director of finance.
Treasurer means the treasurer for the City of Charlottesville, or his or her designee.
(9-7-93, § 1)
In addition to all other taxes of every kind now or hereafter imposed by law, there is hereby levied and imposed by the city an excise tax on the sale of cigarettes equivalent to fifty-five cents ($0.55) on each package containing twenty-five (25) or fewer cigarettes. The tax shall be paid by the seller, if not previously paid, and collected in the manner and at the time provided for in this article, provided that the tax payable for each package of cigarettes sold within the city shall be paid but once. The tax hereby levied shall not apply to free distribution of sample cigarettes in packages containing five (5) or fewer cigarettes.
(9-7-93, § 1; 4-13-04(11), § 1; Ord. of 5-21-07(2), § 1; 4-10-14)
Editor's note— Ord. of 5-21-07(2), § 2, provides for an effective date of July 1, 2007.
The tax imposed by this article shall be evidenced by the use of a stamp, purchased from the city treasurer and affixed by the dealer or seller to every package of cigarettes to be sold within the city. The tax shall be paid at the time the stamps are purchased from the treasurer. Every dealer and every seller shall have the right to buy such stamps from the treasurer and to affix the same to packages of cigarettes as provided in this article.
(9-7-93, § 1)
For the purpose of making stamps available for use, the treasurer shall sell stamps of such denomination and in such quantities as may be necessary for the payment of the taxes imposed by this article. In the sale of such stamps, the treasurer shall allow a discount of five (5) percent of the denominational or face value of the stamps to cover the costs incurred in affixing the stamps to packages of cigarettes.
(9-7-93, § 1)
(a)
Every dealer in cigarettes is hereby required and it shall be his duty to purchase such stamps at the office of the treasurer as shall be necessary to pay the tax levied and imposed by this article, and to affix or cause to be affixed, a stamp or stamps of the prescribed monetary value to each package of cigarettes prior to delivering or furnishing such cigarettes to any seller.
(b)
Every seller is hereby required to examine each package of cigarettes, prior to exposing the same for sale, for the purpose of ascertaining whether such package has the proper stamps affixed thereto or imprinted thereon as required by this article. If upon such examination unstamped or improperly stamped packages of cigarettes are discovered, the seller shall either:
(1)
Purchase and affix to such packages of cigarettes the proper stamps covering the tax imposed by this article; or,
(2)
Immediately notify the dealer who provided the cigarettes, and upon such notification such dealer shall forthwith either affix to the unstamped or improperly stamped packages the proper amount of stamps, or shall replace such packages with others to which stamps have been properly fixed thereon.
(c)
In the event any seller elects to purchase and affix stamps before offering cigarettes for sale, the dealer delivering and furnishing such cigarettes shall not be required to purchase and affix stamps to such cigarettes so sold or furnished; provided, that any such dealer shall, on the day following the day of such delivery, file with the director a copy of the delivery memorandum showing the name and address of such seller and the quantity and type of cigarettes so delivered and furnished.
(9-7-93, § 1)
(a)
It shall be the duty of each dealer to report monthly to the director separately the following information:
(1)
The quantity of stamped cigarettes sold or delivered during the period requested by the director to:
a.
Each dealer;
b.
Each seller; and
c.
Each separate person or place of business within the city.
(2)
The quantity of stamps on hand, both affixed and unaffixed on the first day of the period of request and the quantity of stamps or stamped cigarettes received during the period; and,
(3)
Such further information as the director may require for the proper administration and enforcement of this article for the determination of the exact number of cigarettes in the possession of each dealer or user.
(b)
Upon request by the director, any seller shall provide the director, in writing, with the name and address of the dealer who provides the seller with cigarettes.
(c)
It shall be the duty of every dealer and seller in the city to maintain and keep, for a period of two (2) years, complete records of the number of packages of cigarettes delivered or sold by such dealer or seller and to make all such records available for examination by the director, upon demand, at any and all reasonable times.
(9-7-93, § 1)
(a)
When, upon examination and audit of any invoices, records, books, canceled checks or other memoranda touching on the purchase, sale, receipt, storage or possession of tobacco products taxed herein, any dealer or other person liable for the tax is unable to furnish evidence to the director of sufficient tax payments and stamp purchases to cover cigarettes which were sold, used, stored, received, purchased or possessed by him, the prima facie presumption shall arise that such cigarettes were received, sold, used, stored, purchased or possessed by him without the proper tax having been paid. The director shall, from the results of such examination and audit based upon such direct or indirect information available, assess the tax due and unpaid.
(b)
The dealer or other person liable for the tax shall be notified by certified mail or hand delivery of such deficiency and such tax, penalty and interest assessed shall be due and payable within ten days after notice of such deficiency has been issued.
(9-7-93, § 1)
(a)
Stamps shall be placed upon each package of cigarettes in such manner as to be readily visible to the purchaser, and shall be affixed to each package of cigarettes in such a manner that their removal will require continued application of water or steam.
(b)
Any seller found to possess, prior to being offered for sale, more than sixty (60) packages of cigarettes without the tax paid stamp affixed who is not in the process of affixing such stamps thereto, shall be presumed to be in possession of untaxed cigarettes in violation of this article. If such person has received the cigarettes within the preceding forty-eight (48) hours, and has not offered them for sale, such presumption shall not apply.
(c)
Any vending machine located within the city containing cigarettes upon which the stamp has not been affixed or containing cigarettes placed so as to not allow visual inspection of the stamp through the viewing area as provided for by the vending machine manufacturer shall be presumed to contain untaxed cigarettes in violation of this article. If a vending machine does not allow for visual inspection of the stamp, the director is hereby authorized to direct the owner to open the machine in order to determine whether the cigarettes contained therein are stamped.
(d)
Any cigarettes, coin operated vending machines, counterfeit stamps, or other property found in violation of this article shall be declared contraband goods and may be seized by the director. In addition to any tax due, the dealer or other person liable for the tax possessing such untaxed cigarettes shall be subject to civil and criminal penalties herein provided.
(e)
In lieu of seizure, the director may seal such vending machines to prevent continued illegal sale or removal of such cigarettes. The removal of such seal from a vending machine by any unauthorized person shall be a violation of this article. Nothing in this article shall prevent the seizure of any vending machine at any time after it is sealed.
(f)
All cigarette vending machines shall be plainly marked with the name, address and telephone number of the owner of said machine.
(g)
Any seized and confiscated cigarettes, vending machines or other property used in the furtherance of any illegal evasion of the tax may be disposed of by sale or other method deemed appropriate by the director thirty (30) days after notice to the person from whom the items were seized, and any other known holder of a property interest in the property. The notice shall state that the owner or holder of a property interest may challenge the proposed sale and forfeiture by written appeal to the Charlottesville City Manager at least five (5) days prior to the date of the proposed sale. The appellant shall have the right to personally appear before the city manager, or his or her designee, and to present any relevant evidence or witnesses, to question any witness for the city, and to assert any available affirmative defense. The city manager shall render a written decision on the appeal within ten (10) working days. If a timely appeal is filed, no sale and forfeiture shall occur unless and until the city manager renders a decision rejecting the appeal.
(h)
No credit from any sale of cigarettes, vending machines or other property seized shall be allowed toward any tax, penalties or interest assessed.
(9-7-93, § 1)
(a)
Should any person, after acquiring from the treasurer any stamps provided for in this article, cease to be engaged in a business necessitating the use of the stamps, or should the stamps be damaged to the extent that they are unusable, such person shall be entitled to a refund of the denominational or face amount of any such stamps, less any discount, upon presenting the stamps to the treasurer and furnishing the treasurer with an affidavit showing, to his satisfaction, that the stamps were acquired by such person but not used, and the reason for requesting the refund.
(b)
Any and all refunds for unused or damaged stamps provided for under this section may be made on vouchers approved by the treasurer. Such refunds shall be charged against the sums collected for the sale of said stamps. Payment to the person requesting the refund shall be made within thirty (30) days of the request.
(9-7-93, § 1)
The director and treasurer are hereby authorized and empowered to jointly prescribe, adopt, promulgate and enforce rules and regulations relating to the methods and means of cancellation of the stamps provided for in this article and to any and all other matters pertaining to the administration and enforcement of the provisions of this article. The director is further authorized and empowered to examine the books, records, invoices, papers and any and all cigarettes in and upon any premises where the same are placed, stored, sold, offered for sale, or displayed for sale by a seller. The director and treasurer are each authorized to delegate any of the powers and duties set out in this article to one or more deputies or assistants, except as may be prohibited by law.
(9-7-93, § 1)
(a)
Any person violating any of the provisions of this article shall be guilty of a Class I misdemeanor. Conviction and punishment for such violation shall not relieve any person from the payment of any tax, interest or penalty imposed by this article.
(b)
Any person who fails to pay any cigarette tax at the time it is due shall pay a late payment penalty in the amount of ten (10) percent of the unpaid tax per month.
(c)
Any person who fails to pay any cigarette tax at the time it is due shall pay interest on the tax found to be overdue and unpaid at the rate of three-quarters (¾) of one percent per month.
(d)
In addition, any person who shall perform any fraudulent act or fail to perform any act for the purpose of evading the payment of any tax imposed by this Article shall be required to pay a penalty in the amount of fifty (50) percent of any tax found to be overdue and unpaid.
(e)
Each day's violation of, or noncompliance with, any of the provisions of this article shall be and constitute a separate offense.
(9-7-93, § 1)
(a)
It shall be unlawful and a violation of this article for any person:
(1)
To perform any act or fail to perform any act for the purpose of evading the payment of any tax imposed by this article or of any part thereof, or for any dealer or seller, with intent to violate any provision of this article, to fail or refuse to perform any of the duties imposed upon him under the provisions of this article, or to fail or refuse to obey any lawful order which the director may issue under this article.
(2)
To falsely or fraudulently make, forge, alter or counterfeit any stamp, invoice or reports, to procure or cause to be made, forged, altered or counterfeited any such stamp, or knowingly and willfully to alter, publish, pass or tender as true any false, altered, forged or counterfeited stamp or stamps.
(3)
To sell any cigarettes upon which the tax imposed by this article has not been paid and upon which evidence of payment thereof is not shown on each package of cigarettes.
(4)
To reuse or refill with cigarettes any package from which the cigarettes have been removed, for which the tax has been paid.
(5)
To remove from any package any stamp with intent to use or cause the same to be used after the same have already been used, or to buy, sell or offer for sale or give away any used, removed, altered or restored stamps, to any person, or to reuse any stamp which has theretofore been used for evidence of the payment of any tax prescribed this article, or, except as to the treasurer, to sell or offer to sell any stamp provided for herein.
(6)
To possess, store, use, authorize or approve the possession, storage or use for sale or resale of any cigarettes in quantities of more than sixty (60) packages upon which the stamp has not been affixed; or
(7)
To transport, authorize or approve the transportation of any cigarettes, in quantities of more than sixty (60) packages into or within the city upon which the stamp has not been affixed, if they are:
a.
Not accompanied by a bill of lading or other document indicating the true name and address of the consignor or seller and the consignee or purchaser and the brands and quantity of cigarettes transported; or
b.
Accompanied by a bill of lading or other document which is false or fraudulent in whole or part; or
c.
Accompanied by a bill of lading or other document indicating:
1.
A consignee or purchaser in another state or the District of Columbia who is not authorized by the law of such other jurisdiction to receive or possess such cigarettes on which the taxes imposed by such other jurisdiction have not been paid, unless the tax of the state or district of destination has been paid and the said cigarettes bear the tax stamps of that state or district; or
2.
A consignee or purchaser in the Commonwealth of Virginia but outside the city who does not possess a Virginia Sales and Use Tax Certificate, a Virginia Retail Tobacco License and, where applicable, both a business license and a retail tobacco license issued by the local jurisdiction of destination.
(9-7-93, § 1)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Disabled veteran means any veteran who has been rated by the U.S. Department of Veterans Affairs or its successor agency pursuant to federal law to have a one hundred (100) percent service-connected, permanent, and total disability, and who occupies the real property as his principal place of residence.
Exemption means one hundred (100) percent exemption from the property tax imposed by the city allowable under the provisions of this article.
Taxable year means the calendar year, from January first through December thirty-first, for which property tax exemption is claimed under this article.
(4-4-11(2))
It is hereby declared to be the purpose of this article to provide real estate tax exemptions for qualified property owners who meet the definition of permanently and totally disabled by the U.S. Department of Veterans Affairs.
(4-4-11(2))
State Law reference— Authority of city to grant exemption as provided for in this article, Code of Virginia § 58.1-3219; similar definition of "disabled veteran," § 58.1-3219.5.
Exemption pursuant to this article shall be granted to certain persons who own and occupy residential real property, where such persons comply with the following provisions:
(1)
The title to the residential property for which exemption is claimed must be held, or partially held, by the person entitled to claim such exemption ("claimant"), as of January first of the taxable year for which such exemption is claimed.
(2)
The property for which the exemption is claimed must be occupied as the principal place of residence.
(3)
The applicant must be a veteran declared to have a one hundred (100) percent service-connected, permanent, and total disability by the U.S. Department of Veterans Affairs.
(4)
The surviving spouse of a veteran eligible for the exemption set forth in this article shall also qualify for the exemption, so long as the death of the veteran occurs on or after January 1, 2011, the surviving spouse does not remarry, and the surviving spouse continues to occupy the real property as his or her principal place of residence.
(4-4-11(2))
The veteran or surviving spouse claiming the exemption under this article shall file with the commissioner of revenue on forms to be supplied by the commissioner of revenue, an affidavit or written statement (i) setting forth the name of the disabled veteran and the name of the spouse, if any, also occupying the real property, (ii) indicating whether the real property is jointly owned by a husband and wife, and (iii) certifying that the real property is occupied as the veteran's principal place of residence. The veteran shall also provide documentation from the U.S. Department of Veterans Affairs or its successor agency indicating that the veteran has a one hundred (100) percent service-connected, permanent, and total disability. The veteran shall be required to refile the information required by this section only if the veteran's principal place of residence changes. In the event of a surviving spouse of a veteran claiming the exemption, the surviving spouse shall also provide documentation that the veteran's death occurred on or after January 1, 2011.
(4-4-11(2))
It shall be unlawful and a Class 1 misdemeanor for any person to falsely claim an exemption under this article.
(4-4-11(2))
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 1 misdemeanor.
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
After the approval by the planning commission, in accordance with chapter 29 of this Code, of the plan of any new subdivision of land proposed to be made within the city and before any lots are offered for sale in such subdivision and prior to the installation of gas, water and sewer mains therein, the subdivider shall make the improvements required by chapter 29 on all streets on which lots are to be offered for sale.
(Code 1976, § 28-7)
Cross reference— Subdivisions, Ch. 29.
(a)
Buildings shall not be constructed within ten (10) feet of any storm or sanitary sewer, water or gas main. For purposes of this section, "main" shall include all structures that are an integral part of the utility system, such as box culverts and manholes.
(b)
The director of public works may grant written waivers of the restriction imposed by this section with respect to water, storm or sanitary sewer mains, upon a finding that the plans for a proposed building provide adequate safety measures to protect the main during and after construction and adequate access for the city's maintenance, repair or replacement of the main. When such a written waiver is granted, the director of public works may require that the private property owner enter into a recordable agreement promising to maintain that portion of the utility main under the owner's building or within the ten-foot setback.
(Code 1976, § 28-4)
Cross reference— Building regulations generally, Ch. 5.
The depth of cover over sewer, water or gas mains shall not be changed without written consent of the director of public works.
(Code 1976, § 28-4)
All utility poles erected in the city shall be stenciled, painted or branded with the owner's name or initials, approximately six (6) feet from the ground.
(Code 1976, § 28-6)
The city manager shall cause to be made such inspections as the manager may deem necessary of all telegraph, telephone and other poles carrying wire, erected within the city, and if any pole is found to be defective or dangerous from any cause, the manager shall notify the person owning such pole and the owner shall forthwith replace the same with a sound pole. It shall be unlawful for the owner to neglect or refuse to replace the pole within twenty-four (24) hours after receiving such notice.
(Code 1976, § 28-5)
A safe zone on every pole shall at all times be reserved for the free use of the city in stringing its fire alarm or communication wires and no person shall run any wire within less than twenty-two (22) inches of them. Whenever it becomes necessary to move the city wires for any reason, the person for whose benefit they are moved shall, at that person's expense, provide for them a safe place and shall notify the director of public works, who shall supervise and direct the moving of the city wires.
(Code 1976, § 5-19)
When a customer requests that both gas and water service be turned on at the same time, there shall be an aggregate charge of thirty dollars ($30.00), in lieu of the separate charges for gas and water specified, respectively, within sections 31-29 and 31-104.
(6-5-95; 6-6-05(1); 6-1-15(2), § 1, eff. 7-1-15)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Connection, service line or service connection means a natural gas pipeline connecting the property of a single retail gas customer to a main or distribution line.
Delivery point is synonymous and interchangeable with "meter."
Firm service or FS refers to gas which is delivered and sold on a noninterruptible sales service basis under the terms set forth in sections 31-56 through 31-58.
Gas division means the gas division of the department of public works.
Gas superintendent means the superintendent of the gas division.
Interruptible sales service or IS gas means that gas sold on an interruptible basis under the terms set forth in section 31-60.
Main, main line or distribution line means a natural gas pipeline serving two (2) or more retail gas customers.
Transportation service gas or TS gas means interruptible gas sold to a customer by someone other than the city under the provisions of section 31-61 and delivered to the city gate to be transported by the city from that point to the customer's meter.
(Code 1976, § 12-1)
Cross reference— Definitions and rules of construction generally, § 1-2.
Whenever any person occupying property along the line of any existing city gas main shall desire such property to be supplied with gas, that person shall make written application therefor on a form prescribed by the director of finance and approved by the city manager. Such application shall be accompanied by the deposit, if any, required by section 31-64 and shall set forth the name of the applicant and the location and description of the property to be served.
(Code 1976, § 12-1.1)
Applicants for gas service outside the city limits shall execute a contract with the city agreeing to comply with all provisions of this Code and other ordinances relating to such service.
(Code 1976, § 12-1.1)
(a)
There shall be a charge of thirty dollars ($30.00) for turning on gas service, payable in advance, either initially or after service has been discontinued. For same-day service, or service outside of normal business hours (including on weekends and holidays), if such service is requested and is available, the charge shall be ninety dollars ($90.00). These charges shall also apply to any other service calls.
(b)
For any separately metered single family residential property the city will, without charge, relight a furnace pilot light that was deliberately extinguished by a customer in anticipation of the end of a heating season, one (1) time during normal business hours during any calendar year. The fee for any other pilot light relights during the same calendar year shall be as set forth in paragraph (a).
(Code 1976, § 12-1.1; 6-17-91, § 1; 6-29-93, § 1; 6-16-03; 6-6-05(1); Ord. of 6-4-07(2), § 1; 6-1-15(2), § 1, eff. 7-1-15)
(a)
Prospective customers, groups of customers or developers of property not serviceable from existing city gas mains, or whose projected gas consumption would require an increase in the size of an existing main may apply in writing to the gas superintendent for a main extension or enlargement.
(b)
The gas division superintendent would then determine whether to extend or enlarge a main as requested based in a gas main extension policy approved by the city council. Such written policy shall be created initially and later amended by the city council.
(c)
Annually, the city council, as part or its rate setting process, would approve a minimum rate of return to the city expected from investments for gas main extensions and enlargements. That rate of return would always be an integral part of the gas main extension policy.
(d)
Relocation or replacement of gas mains, and other changes performed at the request of the customer and determined by the gas superintendent to be solely for the customer's convenience, shall be billed to the customer at the city's cost for labor and materials.
(Code 1976, § 12-1.2; 1-3-94; 6-16-08(2))
(a)
The gas division may install new service connections up to one hundred fifty (150) feet from the main at no cost to the customer for residential service, provided that the gas superintendent determines that the prospective revenue from such installation will justify the city's investment therein. The additional cost to the city in extending any such service connection beyond one hundred fifty (150) feet from the main shall be charged to the customer. The cost to the customer for installation of a gas service for commercial applications will be determined based on connected load using the economic model in the gas main extension policy.
(b)
All gas connections from gas mains downstream to and including the meter shall be installed by the city at its own expense. All service pipes from the meter to the fixtures shall be installed at the expense of the owner or consumer, by or under the supervision of a person qualified to perform such work under the provisions of section 5-35 of this Code. The gas superintendent shall have the authority and responsibility to determine the location of all lines downstream to and including the meter.
(c)
Relocation of service lines, replacement or relocation of meters and other changes in service or metering performed at the request of the customer and determined by the gas superintendent to be solely for the customer's convenience, shall be billed to the customer at the city's cost for labor and materials.
(Code 1976, §§ 12-1.3, 12-17; 5-17-93; 6-16-08(2))
All repairs to gas pipes and fixtures upstream from and including the meter shall be done by the city at its own expense. No person shall, under any circumstances, be allowed to open a street or in any way interfere with the gas pipes under the responsibility of the city without the permission of the gas superintendent.
(Code 1976, § 12-18)
Editor's note— An ordinance adopted June 16, 2008, repealed § 31-33, which pertained to maintenance of private lines used by city to furnish service. See also the Code Comparative Table.
Notwithstanding any other provision of this chapter, no new service shall be initiated to a customer who will use the gas for power generation or for boiler fuel purposes if the gas superintendent estimates that such customer's potential consumption will exceed three hundred thousand (300,000) cubic feet on the average day of the peak month, as defined in Columbia Gas Transmission Corporation's tariff provisions approved by the Federal Energy Regulatory Commission.
(Code 1976, § 12-2.1)
The city will use reasonable diligence to provide continuous service to noninterruptible gas customers, but will not be liable for interruptions or defects in service caused by natural disasters, war or civil disorder, strikes or labor disputes, failure of the city's wholesale pipeline supplier to furnish gas, or any other Force Majeure event or other cause beyond the city's control.
(Code 1976, § 12-2.2; 6-16-08(2))
It shall be the duty of the gas superintendent and such other persons as he may from time to time designate to attend at places where, from fire or other cause, there is danger of loss of gas by burning or waste, and to shut off the gas, remove meters or do anything else proper for the safety of persons or property.
(Code 1976, § 12-14)
Cross reference— Fire prevention and protection, Ch. 12.
Gas apparatus and premises of consumers shall be examined free of charge on receiving notice of any suspected leaks. If the gas superintendent determines that a gas leak on customer premises is a safety hazard, he may terminate service immediately or may require that the leak be repaired at customer expense within a reasonable length of time; and if such repairs are not completed within the specified time period, he may terminate service until such repairs are completed. For purposes of this section, leaks occurring downstream from the meter shall be considered to be on customer premises.
(Code 1976, § 12-15)
The authorized agents of the city shall have the right of free access to the premises into which a gas service pipe is laid, whether gas is being used or not, for the purpose of examining the whole gas apparatus, replacing any natural gas pipeline to comply with U.S. Department of Transportation Minimum Safety Standards, or for the removal of the meter and service pipe.
(Code 1976, § 12-19)
No person shall deface or injure any pipe, equipment or fixture connected with or pertaining to the gas works in any manner, or place any building material, rubbish or other matter upon the stopcock of any street main or service pipe, or obstruct access to any pipe, meter, equipment or fixture connected with the gas works or open any pipe so as to waste gas, or use city gas for a purpose for which such person has neither paid nor contracted with the city.
(Code 1976, § 12-20)
Cross reference— Damaging public property generally, § 17-23.
The firm service gas rates based on monthly meter readings shall be as follows:
Basic Monthly Service Charge ..... $ 10.00
First 3,000 cubic feet, per 1,000 cubic feet ..... $8.2781
Next 3,000 cubic feet, per 1,000 cubic feet ..... $7.7814
Next 144,000 cubic feet, per 1,000 cubic feet ..... $6.9536
All over 150,000 cubic feet, per 1,000 cubic feet ..... $6.7880
(Code 1976, § 12-3; 5-21-90, § 1; 6-17-91, § 1; 6-15-92; 6-29-93, § 1; 6-20-94, § 1; 6-5-95; 6-17-96; 6-16-97, § 1; 6-17-98(1); 6-7-99(3), § 1; 6-5-00(2), § 1; 6-4-01(5), § 1; 6-17-02, § 1; 6-16-03; 6-7-04; 6-6-05(1); Ord. of 6-5-06, § 1; Ord. of 6-4-07(2), § 1; 6-16-08(3), § 1; 6-1-09, § 1; 6-7-10(2), § 1; 6-20-11(1), § 1; 6-4-12, § 1; 6-3-13(2), §§ 1, 2, eff. 7-1-13; 6-2-14(3), § 1, eff. 7-1-14; 6-1-15, § 1(1), eff. 7-1-15; Ord. of 6-6-16, eff. 7-1-16; 6-5-17(2), § 1)
Editor's note— It should be noted that the ordinance adopted June 20, 2011 is effective July 1, 2011.
(a)
Gas service at the rate specified in this paragraph ("air conditioning rate") shall be available to customers who request such service in writing and who have installed and use air conditioning equipment operated by natural gas as the principal source of energy. The air conditioning rate will be $7.3171 per one thousand (1,000) cubic feet of gas used per month.
(b)
The director of finance may, when it is impracticable to install a separate meter for air conditioning equipment, permit the use of one (1) meter for all gas delivered to the customer, in which instance the director of finance shall estimate the amount of gas for uses other than air conditioning and shall bill for such gas at the rates provided in applicable sections of this division.
(Code 1976, § 12-4; 5-21-90, § 1; 6-17-91, § 1; 6-15-92; 6-29-93, § 1; 6-20-94, § 1; 6-5-95; 6-17-96; 6-16-97, § 1; 6-17-98(1); 6-7-99(3), § 1; 6-5-00(2), § 1; 6-4-01(5), § 1; 6-17-02, § 1; 6-16-03; 6-7-04; 6-6-05(1); Ord. of 6-5-06, § 1; Ord. of 6-4-07(2), § 1; 6-16-08(3), § 1; 6-1-09, § 1; 6-20-11(1), § 1; 6-3-13(2), §§ 1, 2, eff. 7-1-13; 6-2-14(3), § 1, eff. 7-1-14; 6-1-15, § 1(1), eff. 7-1-15; Ord. of 6-6-16, eff. 7-1-16; 6-5-17(2), § 1)
Individually metered residential customers located outside the corporate limits of the city, who are subject to a two-dollar maximum monthly charge for the Albemarle County consumer utility tax, shall be subject to a surcharge equal to eight (8) percent of their monthly gas bills, excluding taxes.
(Code 1976, § 12-4.1)
(a)
Unmetered gas service under this section may be furnished to consumers who have installed ornamental gas lights on or before January 1, 2008. The monthly charge for ornamental gas lights shall be as follows:
(1)
Seventeen dollars ($17.00) per month for each light with a single mantle or orifice where the monthly use of gas will not exceed two thousand (2,000) cubic feet per month per light.
(2)
Eight dollars and fifty cents ($8.50) per month for each mantle or orifice in each light using more than one (1) mantle or orifice where the monthly use of gas through each orifice will not exceed one thousand (1,000) cubic feet per month.
(b)
Ornamental gas lights installed in the street right-of-way prior to January 1, 2008 shall belong to the city and shall be maintained by the city. Lights installed on private property shall belong to the property owner but shall be serviced by the city. Except for gas mantles, all replacement parts for lights installed on private property shall be at the expense of the owner who shall be billed for such parts, if provided by the city.
(Code 1976, § 12-5; 5-21-90, § 1; 6-17-91, § 1; 6-29-93, § 1; 6-16-97, § 1; 6-17-98(1); 6-7-99(3), § 1; 6-5-00(2), § 1; 6-4-01(5), § 1; 6-16-03; 6-7-04; 6-6-05(1); Ord. of 6-5-06, § 1; Ord. of 6-4-07(2), § 1; 6-16-08(2); 6-16-08(3), § 1)
(a)
Conditions. Interruptible sales service (IS) gas shall be supplied at locations where facilities are available to supply the amount of gas requested by the customer, subject to the following conditions:
(1)
Except as provided in section 31-61, gas delivered hereunder shall be separately metered and shall not be used interchangeably with gas supplied under any other schedule.
(2)
The customer shall have installed and available for immediate use equipment which will use some other fuel sufficient to meet all of that customer's needs and which can be put in operation within one hour after being notified by the city.
(b)
Customer's agreement as to discontinuance of service. A customer purchasing gas pursuant to this section agrees to discontinue the service when requested by the gas superintendent, on one hour's notice, at any time whenever, in the sole judgment of the gas superintendent, such gas is not available for delivery under this section. If the customer continues to use or consume gas under this section after being notified to discontinue, the customer shall be billed for all gas so consumed at a rate of twenty-five dollars ($25.00) per one thousand (1,000) cubic feet and the city shall, as soon as the violation comes to its attention, terminate service to the customer until the period of interruption is over. This twenty-five dollar ($25.00) per one thousand (1,000) cubic feet charge shall be in addition to any fine or charge incurred by the city as a result of any unauthorized use of gas by the customer.
(c)
Basic monthly service charge. The basic monthly charge per meter for interruptible sales service ("IS gas") shall be sixty dollars ($60.00).
(d)
Rate. For all gas consumed by interruptible customers the rate shall be $5.8319 per one thousand (1,000) cubic feet for the first six hundred thousand (600,000) cubic feet, and $4.5763 per one thousand (1,000) cubic feet for all volumes over six hundred thousand (600,000) cubic feet.
(e)
Annual minimum quantity. Interruptible rate customers shall be obligated to take or pay for a minimum quantity of one million two hundred thousand (1,200,000) cubic feet of gas annually. Each year, as of June 30, the director of finance shall calculate the total consumption of each interruptible customer for the preceding twelve (12) monthly billing periods, and shall bill any customer that has consumed less than the minimum quantity for the deficient amount at the rate of $4.5763 per one thousand (1,000) cubic feet. Any new customer shall be required to enter into a service agreement with the city prior to the start of service. If an interruptible customer terminates service the annual minimum requirement shall be prorated on the basis of one hundred thousand (100,000) cubic feet per month for each month the customer has received service since the last June 30 adjustment.
(f)
Contract required. Before service is turned on under this section, the customer shall agree in writing to abide by the terms and conditions of this section.
(Code 1976, § 12-6; 5-21-90, § 1; 6-17-91, § 1; 6-15-92; 6-29-93, § 1; 6-20-94, § 1; 6-5-95; 6-17-96; 6-16-97, § 1; 6-17-98(1); 6-7-99(3), § 1; 6-5-00(2), § 1; 6-4-01(5), § 1; 6-17-02, § 1; 6-16-03; 6-7-04; 6-6-05(1); Ord. of 6-5-06, § 1; Ord. of 6-4-07(2), § 1; 6-16-08(3), § 1; 6-1-09, § 1; 6-7-10(2), § 1; 6-20-11(1), § 1; 6-4-12, § 1; 6-3-13(2), §§ 1, 2, eff. 7-1-13; 6-2-14(3), § 1, eff. 7-1-14; 6-1-15, § 1(1), eff. 7-1-15; Ord. of 6-6-16, eff. 7-1-16; 6-5-17(2), § 1)
(a)
Generally. The customer may have the opportunity from time to time to purchase gas directly from producers or some seller other than the city and have such gas transported to the city. Such a customer may obtain interruptible transportation service (TS) gas from the city subject to the following conditions:
(1)
The customer has first executed an interruptible transportation service (TS) contract under which he may elect to be a TS customer only or to be both a TS customer and an interruptible sales service (IS) customer.
(2)
Should the customer elect to be a TS customer only, he will be agreeing that he has no backup IS service and therefore shall be limited to use of customer owned gas. Any gas used in excess of customer owned gas on a daily or monthly basis shall be billed at IS rates plus TS rates for TS only customers plus any penalties incurred by the city as a result of such unauthorized use.
(3)
When the customer has elected to contract for both TS and IS service, the customer must also sign an IS contract for an initial term of one (1) year and terms and conditions of both contracts, including the annual IS minimum and basic month service charges, shall be applicable to each IS meter receiving TS gas. TS gas transported under this last described dual service arrangement may not be credited toward the IS annual minimum.
(4)
The customer has purchased, or has agreed to purchase from some seller other than the city, under a bona fide contract an adequate supply of natural gas of a quality acceptable to the city, and has made, or has caused to be made, arrangements by which such volumes of natural gas can be delivered, either directly or by displacement, into the city's distribution system at the customer's expense.
(5)
The customer warrants that it has good and legal title to all gas supplied to the city, and agrees to indemnify and hold the city harmless from any loss, claims or damages in regard to such title.
(6)
The customer provides the city with all documentation deemed necessary by the city to show that requisite approvals for acquisition and use of customer-owned gas have been secured from all regulatory bodies having jurisdiction. The customer is responsible for making any filings or reports, as required, pertaining to the acquisition and use of the gas and the transportation of the gas from the customer's source to the city's interconnection with the delivering pipeline supplier.
(7)
As evidenced by its use of the city's transportation service, customer agrees that it will indemnify and hold city harmless from any loss, claims, damages, or costs associated with or arising from customer's failure to comply with federal and state statutes or regulations as they apply to customer's use of TS gas.
(8)
The customer will provide or cause its gas supply source or pipeline transporter to provide on a timely basis no later than the twenty-fifth (25th) calendar day of each month, daily transportation data for such gas delivered to the city during the preceding calendar month, including volumes and cost to customer of all gas delivered to city in customer's behalf, and if requested by city, adequate documentation of deliveries such as copies of bills or invoices.
(9)
The capacity of the city's facilities and other conditions are sufficient to deliver the quantities requested by the customer.
(b)
Rates. The rates for interruptible transportation service ("TS gas") shall be as follows:
(1)
$3.6347 per decatherm for a combined IS and TS customer, and
(2)
$3.2827 per decatherm for a customer receiving only TS gas, and
(3)
$1.9569 per decatherm, for customers who transport 35,000 or more decatherms per month ("large volume transportation customers"), regardless of whether such large volume transportation customer receives only TS gas, or also receives IS service.
(c)
Basic monthly service charges. Each TS gas customer shall pay monthly service charges, as follows:
(1)
Each combined IS and TS customer shall pay a monthly service charge of one hundred fifty dollars ($150.00) per meter for TS gas, plus the basic monthly service charge of sixty dollars ($60.00) per meter for IS gas.
(2)
Customers who receive only TS gas shall pay a monthly service charge of one hundred fifty dollars ($150.00) per meter.
(3)
Large volume transportation customers shall pay a monthly service charge of six hundred dollars ($600.00) per meter, regardless of whether such large volume customer receives only TS gas, or also receives IS gas.
(d)
Special terms and conditions. Special terms and conditions for service under this section shall be as follows:
(1)
Transportation by the city to any customer under this schedule shall be on an interruptible basis only, and the city shall have the right to curtail or interrupt transportation of gas whenever, in the sole judgment of the city, capacity and other conditions do not permit transportation hereunder. The city shall give the customer as much advance notice of curtailment or interruption as, in the city's sole judgment, is feasible and shall make its best efforts to give at least one-hour notice.
(2)
In the event gas is curtailed or interrupted and if a customer fails to comply with any curtailment or interruption notice delivered by the city, the customer shall be billed for such unauthorized use of gas at the rate of ten dollars ($10.00) per decatherm. Such billing shall be in addition to charges at interruptible sales (IS) rates. This overrun penalty also shall be in addition to any penalty, fine or charge incurred by the city as a result of any unauthorized use of gas by the customer and shall apply to any other unauthorized gas usage.
(e)
Extension of facilities. The customer shall be required by the city to deposit an amount equal to the cost of any main extensions required to provide service under this section. Such deposit shall be held by the city on a non-interest-bearing basis and may be refunded in full or in part, whenever, in the opinion of the city, the use of the city's facilities or other related conditions justify such refund. The customer shall be required to pay, in full, for any installation of service pipes, meters, regulators, and other facilities necessary to provide service hereunder.
(f)
Billing month. The term "billing month," as used in this section for the applicable transportation charge, shall mean the calendar month representing the principal usage for the monthly meter reading.
(g)
Lost and unaccounted-for gas. The volumes of gas the customer has caused to be transported to the city shall be adjusted to reflect lost and unaccounted-for volumes in the operation of the city's distribution system in computing transportation to the customer.
(h)
Combined IS and TS customer using more than provided or scheduled by customer. In the event that a combined IS and TS customer needs more gas than the customer has provided or scheduled under its TS contract, such excess gas may be purchased from the city with the city's consent on an "as available" basis at regular interruptible sales (IS) rates, plus any related "excess take" or similar charges imposed on the city by its suppliers. Customer owned gas shall be the first through the meter. The city assumes no obligation to supply gas to displace volumes for which the customer has arranged transportation service. Unauthorized gas usage shall be subject to the overrun penalty described in subsection (d)(2) of this section. If a customer that is a combined IS and large-volume TS customer fails to maintain usage within the monthly load balancing tolerance referenced in paragraph (i)(2), following below, then such customer shall pay the city a penalty equal to any penalty charged to the city by Columbia Gas or others as a result of the customer's transportation volumes being outside of the monthly load balancing tolerance.
(i)
TS customer providing more gas, or less gas, than customer's usage.
(1)
In any month when a transportation customer's actual gas usage at any metered service connection is less than the transportation gas available for the metered service connection, the city will provide load balancing on a seasonal basis with the same tolerance limits for overtenders as Columbia Gas provides the city pursuant to applicable schedules or tariffs. As of the adoption of this article, such tolerance limits and penalties imposed by Columbia Gas upon the city are as follows:
(i)
During the period from November 1 through March 31, transportation gas available for any month may exceed actual gas usage for that month by three (3) percent or less of scheduled transportation gas for that month without penalty.
(ii)
During the period from April first (1st) through October thirty-first (31st), transportation gas available for any month may exceed actual gas usage for that month by ten (10) percent or less of scheduled transportation gas for that month without penalty.
For the purpose of this subsection, reference to "transportation gas available for the metered service connection" means the transportation gas delivered to the city, reduced by the city's shrinkage rate, plus any imbalance allowed from the previous month. When the imbalance for any metered service connection exceeds these limits, the customer shall pay the city a penalty equal to that penalty charged to the city by Columbia Gas or others as a result of such excess imbalance.
(2)
Large volume transportation customers must maintain TS gas usage within a range that is within ten (10) percent, more or less, of the transportation gas delivered to the city, reduced by the city's shrinkage rate, plus any imbalance allowed from the previous month for a metered service connection ("load balancing tolerance"). The load balancing tolerance shall be maintained by a large volume TS customer on a daily basis ("daily load balancing tolerance") and on a monthly basis ("monthly load balancing tolerance"). If a large volume transportation customer fails to maintain usage within the applicable daily or monthly load balancing tolerance, then such customer shall pay the city a penalty equal to any penalty charged to the city by Columbia Gas or others as a result of the customer's transportation volumes being outside of the applicable load balancing tolerance.
(j)
Other terms and conditions. Except as otherwise specifically provided in this section, the application of interruptible transportation service is subject to the provisions of this Code. To the extent not otherwise specified in this section, the terms and conditions of interruptible sales service shall apply.
(Code 1976, § 12-6.1; 9-18-89; 5-21-90, § 1; 6-17-91, § 1; 6-15-92; 6-29-93, § 1; 6-20-94, § 1; 6-5-95; 6-17-96; 6-16-97, § 1; 6-17-98(1); 6-7-99(3), § 1; 6-5-00(2), § 1; 6-4-01(5), § 1; 6-17-02, § 1; 6-16-03; 6-7-04; 6-6-05(1); Ord. of 6-5-06; Ord. of 6-4-07(2), § 1; 6-16-08(3), § 1; 6-1-09, § 1; 6-7-10(2), § 1; 6-20-11(1), § 1; 6-4-12, § 1; 6-3-13(2), §§ 1, 2, eff. 7-1-13; 6-2-14(3), § 1, eff. 7-1-14; 6-1-15, § 1(1), eff. 7-1-15; Ord. of 6-6-16, eff. 7-1-16; 6-5-17(2), § 1)
In computing gas customer billings, the basic rate charges established under sections 31-56, 31-57, 31-60 and 31-61 shall be adjusted to reflect increases and decreases in the cost of gas supplied to the city. Such increases or decreases shall be computed as follows:
(1)
For the purpose of computations herein, the costs and charges for determining the base unit costs of gas are:
a.
Pipeline tariffs;
b.
Contract quantities; and
c.
Costs of natural gas, in effect or proposed as of March 1, 2017.
(2)
Such base unit costs are $4.412 per one thousand (1,000) cubic feet for firm gas service and $3.1235 per one thousand (1,000) cubic feet for interruptible gas service.
(3)
In the event of any changes in pipeline tariffs, contract quantities or costs of scheduled natural gas, the unit costs shall be recomputed on the basis of such change in accordance with procedures approved by the city manager. The difference between the unit costs so computed and the base unit costs shall represent the purchased gas adjustment to be applied to all customer bills issued beginning the first billing month after each such change.
(Code 1976, § 12-7; 5-21-90, § 1; 6-17-91, § 1; 6-15-92; 6-29-93, § 1; 6-20-94, § 1; 6-5-95; 6-17-96; 6-16-97, § 1; 6-17-98(1); 6-7-99(3), § 1; 6-5-00(2), § 1; 6-4-01(5), § 1; 6-17-02, § 1; 6-16-03; 6-7-04; 6-6-05(1); Ord. of 6-5-06, § 1; Ord. of 6-4-07(2), § 1; 6-16-08(3), § 1; 6-1-09, § 1; 6-7-10(2), § 1; 6-20-11(1), § 1; 6-4-12, § 1; 6-3-13(2), § 1; 6-2-14(3), § 1, eff. 7-1-14; 6-1-15, § 1(1), eff. 7-1-15; Ord. of 6-6-16, eff. 7-1-16; 6-5-17(2), § 1)
Each monthly record of gas volumes consumed shall be increased or decreased to reflect the changes in the heat content of gas delivered to the city above or below a base heat content of one thousand British thermal units (1,000 BTU) per cubic foot. This adjustment shall be computed each billing period by multiplying the metered gas consumption by the thermal adjustment factor. The thermal adjustment factor shall be determined by dividing the average daily thermal value of gas delivered to the city during the metered period by the base one thousand (1,000) BTU. The adjusted volume thus determined shall be used to calculate the amount due under the rate schedules established in sections 31-56, 31-57 and 31-60, after adding or subtracting from such rates as appropriate the purchased gas adjustment determined pursuant to section 31-62.
(Code 1976, § 12-7.1)
(a)
The director of finance shall require deposits from persons applying for gas service in accordance with the rules established in this section.
(b)
The normal deposit requirements shall be as follows:
(1)
Residential accounts. For residential accounts with gas heat, the deposit shall be two hundred fifty dollars ($250.00). For residential accounts without gas heat, the deposit shall be seventy-five dollars ($75.00).
(2)
Nonresidential accounts. The deposit for a nonresidential account at a location with no history of gas service within the preceding twelve (12) months shall be determined as follows: the director of finance shall obtain from the utilities division information regarding an ongoing similar nonresidential use with a previous history of gas service and a similar meter size ("comparable account"). The finance director shall then establish a deposit in an amount equal to the total of the two (2) highest monthly gas bills for the comparable account during the preceding twelve (12) months.
(3)
The deposit for a nonresidential account with gas heat at a location with a previous history of gas service within the preceding twelve (12) months shall be an amount equal to the total of the two (2) prior highest monthly gas bills at that location during the preceding twelve (12) months.
(c)
The normal deposit requirement will be waived, if:
(1)
The applicant furnishes a letter from another gas, water or electric utility with whom he has had service within the past twenty-four (24) months certifying that he has maintained an acceptable credit record; or
(2)
The director of finance is able to establish by telephone call to another gas, water or electric utility with which the applicant has had service within the past twenty-four (24) months that the applicant had no terminations for nonpayment within the most recent twenty-four (24) months in which he had service; or
(3)
The applicant has had city water or gas service at the same or some other address within the past twenty-four (24) months and had no terminations for nonpayment within the most recent twenty-four (24) months in which he had service.
(d)
Any customer who has had service terminated for nonpayment within the preceding twelve-month period, or who has had two (2) or more checks returned to the director of finance for insufficient funds [4] within the preceding twenty- four-month period, may be required to pay an additional deposit to reinitiate service. Such deposit shall not be greater than the sum of the two (2) highest monthly bills rendered in the past twelve (12) months for service at the location to be served.
(e)
Any deposit may be applied by the director of finance to any delinquent balance due on the account for which the deposit was made. The director of finance may, and on application from the customer shall, refund any deposit if the account for which it was made has had no termination for nonpayment and has not had two (2) or more bad checks received in payment during the preceding twelve (12) months. Likewise, upon voluntary termination of service to an account, the deposit shall first be applied to the balance due and the balance due and the balance refunded to the customer.
(f)
The director of finance and city manager are authorized to enter into agreements with responsible organizations or individuals to provide for a guaranty of the account of individuals meeting established criteria, in lieu of any required initial deposit, in an amount equal to the deposit which would otherwise have been required, provided such agreement in their judgment gives the city substantially equivalent security.
(g)
Beginning July 1, 2005, simple interest shall accrue on all deposits held for more than ninety (90) days at the rate set annually by the state corporation commission for the gas industry. Such interest shall continue to accrue until the deposit is refunded or until a reasonable effort is made to refund it, and this interest shall be paid with such refund.
(Code 1976, § 12-8.1; 6-17-91, § 1; 6-6-05(1); 6-1-15(2), § 1, eff. 7-1-15)
(a)
All bills for gas service and other charges rendered pursuant to this article shall be payable upon presentation, and shall be considered to be in arrears if not paid prior to the rendering of the next monthly billing. Any amount for which payment has not been received by the next billing date shall be subject to the imposition of a finance charge of one and one-half (1.5) percent per month for each month until payment is made. The next billing date shall be clearly stated on each monthly statement and shall be not less than twenty-five (25) days after the date of the current billing.
(b)
Payments received on any account shall be first applied to the amount of any unpaid finance charge, then to amounts in arrears reducing the oldest charges first, then to current billings.
(c)
In addition to the finance charge imposed under subsection (a) of this section, the director of finance may order the termination of service to any customer whose account remains in arrears more than ten (10) days after such customer has been mailed a final notice which shall plainly indicate that service may be terminated if payment is not made.
(d)
Notwithstanding any other provision of this section, the director of finance is authorized to adopt, with the approval of the city manager, a system of "level" billings or "budget" payments, whereby a customer may elect to pay such charges in installments over a twelve-month period, subject to adjustment upon termination of service or upon calculation of actual consumption at the end of such period and subject to such further limitations as the director may prescribe.
(e)
The director of finance shall establish administrative procedures to ensure that any applicant for service or customer who wishes to dispute any bill, deposit requirement, refusal of service, charge or termination notice imposed under this article is entitled to an administrative review of such dispute by a designated person or persons within the finance department, other than the person who made the initial determination in such dispute.
(Code 1976, § 12-10.1; 6-6-05(1))
(a)
For turning gas on again after it has been terminated for nonpayment, the customer shall pay a charge as specified in section 31-29(a).
(Code 1976, § 12-11; 6-17-91, § 1; 6-6-05(1); 6-1-15(2), § 1, eff. 7-1-15)
Whenever the director of finance determines that gas service which was terminated for nonpayment or any other reason has been restored by someone other than authorized personnel of the city, he shall have the metering device for that service removed and shall assess a charge of fifty dollars ($50.00) to such account, payable in advance, to return the meter to service. In addition, before restoring service to such account, the director of finance shall collect an additional deposit as required by section 31-64(d).
(Code 1976, § 12-11.1)
No person shall tamper with any metering device incident to facilities which are used to furnish gas service to the public, or otherwise intentionally prevent such a metering device from properly registering the degree, amount or quantity of such service supplied, or divert such service without authorization from the gas superintendent.
(Code 1976, § 12-12)
State Law reference— Authority to provide penalties for unauthorized use of city gas, Code of Virginia, § 15.1-878.
(a)
A complaint against a gas bill shall not be accepted as a proper excuse for the complainant not paying the bill when due nor exempt the complainant from the imposition of penalties for failure to pay the bill at the proper time.
(b)
On request of the consumer, the city shall cause the gas meter to be tested and if the meter is found inaccurate, exceeding two (2) percent, the meter shall be replaced at the expense of the city. If the meter is found to be accurate with two (2) percent, the consumer shall pay fifty dollars ($50.00) for this service for a single family residential meter. For other meters, the fee for this service will be the city's actual cost or fifty dollars ($50.00), whichever is greater.
(c)
On request of the consumer, the city will re-read the gas meter. For the first such re-read in a calendar year, there will be no charge. For subsequent requests, the consumer will pay a thirty-five dollar ($35.00) charge, unless the meter is found to be malfunctioning or to have been misread.
(Code 1976, § 12-13; 6-16-03; 6-7-04; 6-6-05(1))
(a)
Applications for sewer and water connections shall be made and the availability of sewer and water determined at the same time as the application for a building permit. The owner or agent shall immediately designate on the site the location where he desires these utilities to enter his property. The city will then proceed with the installation of service lines to the property line. It shall be the responsibility of the owner to keep a record of the location and elevation of these services at the property line. The building shall then be set to conform to these elevations. Where connection to a city sewer is made by the owner on private property, the installation shall be made in accordance with the provisions of this Code relative to sewers, bearing in mind that the owner shall set the elevation of the building to conform thereto.
(Code 1976, § 28-1)
(a)
Whenever any person owning or leasing property for which water service has been installed desires the initiation of water delivery, he shall make written application to the director of finance on forms prescribed by the director.
(b)
Whenever any person owning or leasing property along an existing city water main desires to provide a service connection from such main to such property, he shall make application to the director of finance on forms prescribed by the director. The charge for a water connection for a meter provided, installed and set by the city under this subsection shall be as follows:
| Meter Size
|
ERC
|
Water Meter
Set Fee |
Water Facility Fee |
| 5/8 ″ | 1 | $325.00 | $3,100.00 |
| 1″ | 2.5 | 495.00 | 7,750.00 |
| 1½″ | 5 | 565.00 | 15,500.00 |
| 2″ | 8 | 635.00 | 24,800.00 |
| 3″ | 15 | 825.00 | 46,500.00 |
| 4″ | 25 | 965.00 | 77,500.00 |
| 6″ | 50 | 1,145.00 | 155,000.00 |
(c)
In new subdivisions or any portion thereof the city may, if the city manager deems it to be in the best interest of the city, install water connections at the same time the water main or mains are installed in the new streets and prior to the time that the streets are paved, provided:
(1)
The subdivider so requests;
(2)
The subdivider gives assurance in writing that the lots will be built upon within a reasonable time; and
(3)
The subdivider designates on a plat the desired location of such connections.
The charge for a water connection shall be as indicated in subsection (b) of this section.
(d)
All installations made pursuant to subsections (b) and (c) of this section, from and including the meter to the main, shall be the property of the city, and the city shall maintain such service line and meter.
(e)
In new subdivisions, such as apartment or office complexes or shopping centers, the city may, if the city manager deems it to be in the best interest of the city, install water meters at approximately the same time the water main or mains are installed in the project, provided:
(1)
The subdivider or developer so requests;
(2)
The subdivider or developer gives assurance in writing that the project will be built within a reasonable time;
(3)
The subdivider or developer designates on a plat the desired location of any main or mains, service lines and meters; and
(4)
The subdivider or developer installs at his expense any required mains and service lines in accordance with city standards.
The charge for a water connection shall be as indicated in subsection (b) of this section.
(Code 1976, § 29-1; 6-16-03; Ord. of 6-4-07(2), § 1; 6-16-08(3), § 1; 6-4-12, § 1; 6-1-15(2), § 1, eff. 7-1-15)
Editor's note— It should be noted that section 2 of an ordinance adopted June 4, 2012 provides, "The foregoing amendments shall become effective July 1, 2012; provided, however, that the amendments to the amounts of the water and sewer connection fees in Sections 31-102 and 31-106 (the "facilities fees") shall not be applicable to any building or development for which a City building permit has been issued and on-site construction commenced on or before June 4, 2012."
Editor's note— Ord. of June 4, 2007 shall become effective July 1, 2007.
(a)
In lieu of the water facility fee imposed pursuant to section 31-102, the water facility fee for connecting a unit of affordable housing to the city water system shall be eight hundred dollars ($800.00) for a 5/8 ″ meter. All meters larger than 5/8 ″ shall be charged a fee equal to 25% of the water facility fee imposed by section 31-102 for a meter of the same size.
(b)
As used herein, "affordable housing" means: (1) a dwelling unit to be purchased and occupied by an individual or family with a household income less than 80% of the Area Median Income ("AMI") , which has a sales price no greater than the maximum sales price established by the Virginia Housing Development Authority for its first time homebuyer loan programs in the Charlottesville metropolitan statistical area (non-federal targeted area); or (2) a dwelling unit that is developed as rental property with financial assistance from a federal, state or local program requiring the dwelling unit to be leased to tenants with a household income less than 80% of the AMI.
(c)
An applicant for the reduced water facility fee shall agree to pay the difference between the reduced water facility fee and the standard water facility fee if the dwelling unit ceases to be affordable housing, as defined in paragraph (b), above , at any time within five (5) years from the date the connection to the city water system is made.
(7-21-08(1), eff. 7-1-08; 6-1-15, § 1(1), eff. 7-1-15)
(a)
In addition to every other charge imposed by this chapter, every person making application for a new water service connection shall pay a surcharge based upon the size of the meter required according to the following schedule:
| Meter Size |
Capacity
Gal./Min. |
Factor | Surcharge |
| 5/8 ″ | 20 | 1 | $200.00 |
| 1″ | 50 | 2.5 | 500.00 |
| 1½″ | 100 | 5 | 1,000.00 |
| 2″ | 160 | 8 | 1,600.00 |
| 3″ | 350 | 12.5 | 2,500.00 |
| 4″ | 600 | 30 | 6,000.00 |
| 6″ | 1,250 | 62.6 | 12,000.00 |
| 8″ | 1,800 | 90 | 18,000.00 |
| 10″ | 2,900 | 145 | 29,000.00 |
| 12″ | 4,300 | 215 | 43,000.00 |
New connections to master-metered systems, not requiring the setting of a new meter, shall nevertheless be subject to the surcharge, based on the capacity of the connection, expressed in gallons per minute on the foregoing schedule.
(b)
The director of finance shall remit all amounts collected under this section to the Rivanna Water and Sewer Authority for debt service on the Buck Mountain Reservoir Project.
(Code 1976, § 29-1.2; 6-16-08(3), § 1)
Editor's note— It should be noted that the ordinance adopted June 16, 2008 is effective July 1, 2008.
There shall be a charge of thirty dollars ($30.00) for turning on water service, payable in advance, either initially or after service has been discontinued. For same-day service, or service outside of normal business hours (including on weekends and holidays, if such service is requested and is available, the charge shall be ninety dollars ($90.00). These charges will also apply to any other service calls.
(Code 1976, § 29-1; 6-17-91, § 1; 6-16-03; 6-6-05(1); 6-1-15(2), § 1, eff. 7-1-15)
It shall be unlawful for any person, other than a regular licensed plumber or an authorized agent acting under authority granted by the city, or one (1) of the city's authorized personnel, while acting in his official capacity, to turn off or on or cause to be turned off or on the city water at the curb stopcock box or meter box or remove or replace a water meter or connect the city water with the house service after a meter has been removed or make any connection around a meter or otherwise change any portion of the city's water system.
(Code 1976, § 29-7)
State Law reference— Tampering with water meters or diverting service, Code of Virginia, § 18.2-163.
(a)
All sanitary sewer connections shall be done by the applicant; extensions of all lines in city streets shall be performed by or approved in advance by the city. The cost of connecting to the city sewer shall be determined based on the water meter size or equivalent residential connections (ERC), whichever fee is greater, as follows:
| Meter Size | ERC |
Sewer
Facility Fee |
| 5/8 ″ | 1 | $5,350.00 |
| 1″ | 2.5 | 13,375.00 |
| 1½″ | 5 | 26,750.00 |
| 2″ | 8 | 42,800.00 |
| 3″ | 15 | 80,250.00 |
| 4″ | 25 | 133,750.00 |
| 6″ | 50 | 267,500.00 |
For the purposes of this subsection, multi-family housing shall equal 0.5 ERC per unit and hotels shall equal 0.33 ERC per room. "Multi-family housing" shall include all buildings or structures with three (3) or more dwelling units, regardless of whether the units are individually owned or leased.
As used herein, a "sewer facility fee" is defined as a charge levied to offset existing or planned future capital costs necessary to meet the service needs of city sanitary sewer customers. The amount of the sewer facility fee is based on the customer's water meter size or the number of equivalent residential connections as indicated above.
(b)
Connections shall be made only upon application in writing on a form provided by the director of finance, to whom applications shall be made, and the payment above mentioned shall be made at the time of application.
(c)
All applicant connections to the city's sewer lines shall be made only by a certified master plumber after securing a proper permit. All such connections must be inspected and approved by the city.
(d)
All connections to mains of the city sewerage system, whether inside or outside of the city, shall be made only by the use of a mechanical tapping saddle with straps or bands circling the entire pipe compressing a rubber seal against the main line, or a polyvinyl chloride or ductile iron wye in the line. Any portion of the house sewer line within any street or road right-of-way shall be ductile iron, polyvinyl chloride or cast iron.
(e)
In new subdivisions or any portion thereof, the city may, if the city manager deems it to be in the best interest of the city, install sewer connections at the same time the sewer main or mains are installed in the new streets and prior to the time that the streets are paved; provided:
(1)
The subdivider so requests;
(2)
The subdivider gives assurance in writing that the lots will be built upon within a reasonable time; and
(3)
The subdivider designates on a plat the desired location of such connections.
The charge for sewer connections shall be as indicated in subsection (a) of this section.
(Code 1976, § 24-1; 6-16-03; Ord. of 6-4-07(2), § 1; 6-16-08(3), § 1; 6-4-12, § 1)
Editor's note— It should be noted that section 2 of an ordinance adopted June 4, 2012 provides, "The foregoing amendments shall become effective July 1, 2012; provided, however, that the amendments to the amounts of the water and sewer connection fees in Sections 31-102 and 31-106 (the "facilities fees") shall not be applicable to any building or development for which a city building permit has been issued and on-site construction commenced on or before June 4, 2012."
(a)
In lieu of the sewer facility fee imposed pursuant to section 31-106, the sewer facility fee for connecting a unit of affordable housing to the city sewer system shall be eight hundred dollars ($800.00) for a 5/8 ″ meter. All meters larger than 5/8 ″ shall be charged a fee equal to 25% of the sewer facility fee imposed by section 31-106 for a meter of the same size.
(b)
As used herein, "affordable housing" means: (1) a dwelling unit to be purchased and occupied by an individual or family with a household income less than 80% of the Area Median Income ("AMI") , which has a sales price no greater than the maximum sales price established by the Virginia Housing Development Authority for its first time homebuyer loan programs in the Charlottesville metropolitan statistical area (non-federal targeted area); or (2) a dwelling unit that is developed as rental property with financial assistance from a federal, state or local program requiring the dwelling unit to be leased to tenants with a household income less than 80% of the AMI.
(c)
An applicant for the reduced sewer facility fee shall agree to pay the difference between the reduced sewer facility fee and the standard sewer facility fee if the dwelling unit ceases to be affordable housing, as defined in paragraph (b), above, at any time within five (5) years from the date the connection to the city sewer system is made.
(7-21-08(1), eff. 7-1-08; 6-1-15, § 1(1), eff. 7-1-15)
Before a private sewer collector system may be connected with the city sewerage system, such line, including the size, location and construction, shall be inspected and approved by the director of public works. In consideration of a permit being granted to connect such sewer lines with the city sewerage system, the city shall have the right to connect other sewers with such sewer lines without any charge being made by the owner of the lines to the city or to the owner of any property connected therewith.
(Code 1976, § 24-6)
Applications for sewer service shall be granted only if city water is furnished to the property for which a sewer connection is requested; provided, however, that the director of finance may allow a sewer connection to serve one- or two-family homes within the city limits if city water is not available to the property in question due to the absence of a water line in the area.
(Code 1976, § 24-10)
No sewer connection to the main line sewer in the street shall be located at a distance greater than fifteen (15) feet downstream from the nearest property corner of the lot to be served.
(Code 1976, § 24-5)
No sewer line shall be placed in the same service ditch with a gas line. All sewer service lines shall be laid a minimum distance of five (5) feet from any water line, and all water service lines shall be laid a minimum distance of five (5) feet from any sewer line, such minimum distance to be applicable throughout the entire length of such lines as they exist between the street property line and the building which is being served.
(Code 1976, §§ 28-2, 29-16)
All water service lines shall be installed in the ground with a minimum of eighteen (18) inches of earth covering the lines.
(Code 1976, § 29-16)
(a)
No individual sewer service line shall be installed across private property for the purpose of serving other lots where it is possible to extend the main line sewer in a public street and serve by a gravity feed system every portion of the building or buildings that will benefit from such extension.
(b)
If extending the main in a public street will not allow a gravity sewer which serves in the manner contemplated by the preceding paragraph, then a private service line crossing adjacent properties will be considered for approval by the director of public works. If more than one (1) service connection is proposed for a private line, then it shall be constructed as a private main according to current city standards for mains. Approval for either the private service line or the private main will be granted only if:
(1)
The applicant has provided a certified plan and profile design for the proposed extension acceptable to the city engineer,
(2)
Necessary easements approved by the city prior to recordation, have been acquired from owners of the property to be traversed by the proposed extension, which easements shall include an obligation on the part of the applicant to be responsible for all construction costs, future maintenance and repair of the extension, and restoration of all disturbed areas, and
(3)
The director finds that the proposed arrangement appears to be a better alternative for the long term in protecting the public health and safety than would be an alternative plan using a sewage pumping system.
(Code 1976, § 24-4; 3-20-00(3))
Each house sewer from the public sewer in the street to the building shall be separate and independent of any other house sewer. All buildings on one (1) lot which cannot be sold separately, may connect into one (1) sewer connection.
(Code 1976, § 24-7)
(a)
All water and sewer lines in subdivisions or dedicated but unaccepted streets shall be installed by the city, after approval by the city council, or by a private contractor according to city specifications and the cost thereof be paid solely by the property owner; provided that for any subdivisions or portions thereof which have received preliminary or final approval by the planning commission prior to March 4, 1991, the city will share in the costs of water and sewer mains on a 50-50 basis if actual construction of those subdivisions has begun before March 4, 1993. Costs are to be determined on the basis of an estimate prepared by the city engineering department prior to the installation of the utilities, using pipe of size and quality recommended by the city.
(b)
Completion of and payment for the utility line improvements required of an owner by this section shall be guaranteed through the bonding or other security arrangements outlined in the subdivision ordinance (Chapter 29 of this Code).
(Code 1976, § 28-3; 3-4-91; 6-1-92)
(a)
Each applicant for a residential water service requiring an extension of the main line in a street heretofore accepted and maintained by the city shall pay the total cost of the extension. The line extension shall be the same size as the existing line in the street up to size eight-inch. If the existing line is larger than eight-inch or the city engineer determines it to be in the city's best interest to increase the line size above eight-inch, the city will pay the difference between the eight-inch line and the larger line. The cost of the extension shall be determined by an estimate prepared by the city engineering division and shall be paid for by the applicant prior to the installation of the line by the city or by private contractor according to city specifications. In addition to the foregoing, the applicant shall be required to pay the usual connection charge.
(b)
Each applicant for a sewer connection requiring an extension of the main line in a street heretofore accepted and maintained by the city shall pay the total cost of the extension. The line extension shall be the same size as the existing line in the street. If the existing line is larger than eight-inch or the city engineer determines it to be in the city's best interest to increase the line size above eight-inch, the city will pay the difference between the eight-inch line and the larger line. The cost of the extension shall be determined by an estimate prepared by the city engineering division and shall be paid for by the applicant prior to the installation of the line by the city or by private contractor according to city specifications. In addition to the foregoing, the applicant shall be required to pay the usual sewer connection charge.
(Code 1976, § 28-3; 3-4-91)
Before the city furnishes water through pipe lines laid by property owners, such private lines, including the size, location and construction, shall be inspected and approved by the director of public works. Whenever the city furnishes water through any privately laid pipe lines, the city shall maintain such lines so long as it furnishes water through them. In consideration of such maintenance, the city shall have the right to connect with and furnish water to such additional consumers through such lines as the city may determine, without any charge being made by the owners of the lines to the city or to the owners of any property connected therewith.
(Code 1976, § 29-15)
No person shall take from the city water supply any water except as provided in this chapter, nor shall any person use any city water for a purpose for which he has neither paid nor contracted with the city.
(Code 1976, §§ 29-11, 29-13)
Steam boilers or water-cooled compressors taking a supply of water directly from the service pipe, depending upon the hydraulic or hydrostatic pressure in the pipe system in the waterworks for supplying such boilers or compressors under pressure, are required to have tanks erected that will contain an ample supply of water for supplying such boilers or compressors for at least ten (10) hours, in case the water is cut off for necessary repairs or extensions, and the city shall not be responsible for any accidents or damages resulting from such necessary discontinuance of water supply.
(Code 1976, § 29-9)
(a)
No individual or collective air conditioning or refrigeration system which is installed, replaced or enlarged after April 21, 1958, and receives its water supply from the city, shall be permitted to use at any time more than the equivalent of a continuous flow of seven (7) gallons of water per minute. All individual or collective air conditioning and refrigeration systems installed, replaced or enlarged after April 21, 1958, and using water from the city in excess of seven (7) gallons per minute shall be equipped with a water-conserving device, such as an economizer, evaporative condenser, water cooling tower or other similar apparatus, which conserving device shall not consume for makeup purposes in excess of fifteen (15) percent of the consumption that would normally be used without such device.
(b)
In order to enforce the provisions of this section, any authorized personnel of the city shall have the right of entry upon any premises affected hereby for the purpose of inspecting any such air conditioning or refrigeration system.
(Code 1976, § 29-17)
In case of any stoppage in a public sewer, the city shall remove the obstruction. If the stoppage occurs in the sewer between a building and the city sewer main, the property owner whose property connects with the public sewer shall remove the obstruction. If the owner fails to remove the obstruction within forty-eight (48) hours after notice from the city, the obstruction may be removed by the city and the cost thereof, together with 20% thereof, shall be paid by the owner or customer in whose name the water account for the property is held. When the city is called to investigate a sewer stoppage or problem, and it is determined that the problem is not with the city's system, there will be a fee charged to the customer, as specified in section 31-104.
(Code 1976, § 24-8; 6-6-05(1); 6-1-15(2), § 1, eff. 7-1-15)
No person, while engaged in the construction of a house sewer or otherwise, shall injure, trim, break or remove any portion of any main or lateral sewer, "wye," manhole or flush tank, or do any injury to any house sewer previously laid, and nothing in this Code shall prevent the city or any property owner from recovering any damages sustained by reason of such injury, by appropriate civil action or otherwise.
(Code 1976, § 24-9)
Cross reference— Damaging public property generally, § 17-23.
Fire hydrants shall not be opened without the prior consent of the director of public works, except for use in extinguishing fires.
(Code 1976, § 29-8)
Cross reference— Fire prevention and protection, Ch. 12.
State Law reference— Tampering with fire hydrants, Code of Virginia, § 18.2-162.1.
No person shall deface or injure any pipe, equipment or fixtures connected with or pertaining to the city water supply, place any building material, rubbish or other matter upon the stopcock of any street main or service pipe, obstruct access to any pipe, equipment or fixture connected with the water supply or open any pipe, meter, fire hydrant or cock, so as to waste water.
(Code 1976, § 29-13)
Cross reference— Damaging public property generally, § 17-23.
Every person occupying any lot or building into which water is conveyed under this chapter, or on or in which a city water meter is located, shall permit any authorized agent of the city to enter such lot or building, at reasonable hours, to inspect the works therein.
(Code 1976, § 29-14)
(a)
Drought warning stage restrictions: The following drought warning stage restrictions on the use of water drawn from the city's public water supply shall be in effect upon adoption of an implementing resolution by city council:
(1)
Watering of established outside shrubbery, trees, lawns, grass, plants, homegardens, or any other established vegetation, shall only be conducted manually by means of a non-leaking hand held hose with an automatic shutoff nozzle and using the minimum amount required to preserve plant life.
(2)
New plantings, commercial greenhouses or nursery stocks, newly seeded and sodded lawns, and athletic fields and courts shall only be watered as follows:
(i)
Athletic fields and courts and commercial greenhouses or nursery stocks may be watered by automatic irrigation systems, or manually by the means described in subsection (a)(1), between the hours of 9:00 p.m. and 10:00 a.m., using the minimum amount of water required to preserve plant life.
(ii)
Newly seeded lawns and new plantings are required to be installed by a licensed contractor and shall have a forty-five-day establishment period from the date of installation. Sodded lawns are required to be installed by a licensed contractor, shall have a twenty-day establishment period, and shall use no more than ½ inch of water over the sodded area daily. Automatic irrigation or manual watering, by the means described in subsection (a)(1), of newly installed plantings and seeded and sodded lawns shall be conducted only between the hours of 9:00 p.m. and 10:00 a.m. and only as necessary to preserve plant life. Prior to installation, the customer shall provide the director of public works with a written estimate of the amount of water to be used during the establishment period, a dated licensed contractor receipt, and the irrigation method to be used. Failure to provide the required information or initiating installation prior to receipt of written approval shall be deemed a violation pursuant to section (g). Testing and servicing of outside, automatic irrigation systems may be performed during the drought warning stage only if the contract to install the system is dated prior to the council's declaration of the drought warning stage, and a copy of the contract is provided to the director of public works.
(3)
Washing of automobiles, trucks, trailers, or any other type of mobile equipment, except in licensed commercial vehicle wash facilities, is prohibited.
(4)
Washing of sidewalks, streets, driveways, parking lots, service station aprons, exteriors of homes or apartments, commercial or industrial buildings or any other outdoor surface, except where mandated by federal, state or local law, is prohibited.
(5)
The operation of any ornamental fountain or other structure making a similar use of water is prohibited.
(6)
The filling or refilling of swimming or wading pools requiring more than five (5) gallons of water shall require written approval from the director of public works. Approval shall only be considered for those swimming or wading pools contracted to be installed or constructed prior to the declaration of the drought warning stage. The director of public works shall balance the need for filling the pool against the public's interest in the conservation of water to determine if approval shall be granted. As used herein, the phrase "filling or refilling" shall mean the addition of any water to the pool from the public water supply after the adoption of this amended ordinance.
(7)
The use of water from fire hydrants for any purpose other than fire suppression, unless otherwise approved by the director of public works, is prohibited.
(8)
The serving of drinking water in restaurants, except upon request, is prohibited.
(9)
The operation of any water-cooled comfort air conditioning that does not have water conserving equipment in operation is prohibited.
(10)
All commercial lodging establishments shall adopt a policy which limits the daily changing of washable linens and towels, and communicate that policy to employees and guests. At a minimum all sheets, pillowcases, towels, washcloths and bathmats shall only be changed and washed (i) upon request by an occupant; (ii) upon a change in occupancy; or (iii) once every three (3) days if used by the same occupant. As used herein, "commercial lodging establishment" shall include any establishment offering to the public for compensation lodging or sleeping accommodations, including but not limited to hotels, motels, travel lodges, tourist homes and bed and breakfast establishments.
(b)
Drought emergency stage restrictions: The following drought emergency stage mandatory restrictions on the use of water drawn from the city's public water supply shall become effective at such time as the Rivanna Water and Sewer Authority (RWSA) certifies, in writing, that a drought emergency stage exists, and shall add to or supersede, where appropriate, the restrictions already in place pursuant to subsection (a) above:
(1)
All water leaks must be repaired within three (3) business days after notification by the city. If a water leak is not repaired within three (3) business days after notification by the city, the director of finance shall terminate water service to the address where the leak is located until such time as the leak is repaired.
(2)
Watering of athletic fields is prohibited.
(3)
All businesses, institutions and governmental entities must develop and implement a written plan, available for inspection by the city within fourteen (14) days of notice of the drought emergency stage, which will reduce the current use of water by that business or institution by twenty (20) percent, other than what is necessary for the sanitary and drinking needs of its employees and invitees. Usage will be based on the customer's average monthly use for the twelve-month period prior to the notice of the drought emergency stage. The public utilities director shall establish a monthly usage benchmark for all businesses, institutions and governmental entities without a twelve-month billing history using criteria established by the department of public works.
(4)
All businesses, institutions and governmental entities must place signs at each main entrance and in each restroom and shower indicating the existence of a water supply emergency and encouraging the conservation of water.
(5)
All outdoor watering is prohibited.
(6)
The use of showers in health, fitness and athletic clubs is prohibited, except showers equipped with low flow or flow reducing equipment.
(7)
The filling or refilling of swimming or wading pools of any size is prohibited. As used herein, the phrase "filling or refilling" shall mean the addition of any water to the pool from the public water supply after the adoption of this amended ordinance.
(8)
Exemptions granted during the drought warning stage are no longer valid. Customers may reapply for an exemption during the drought emergency stage.
None of the restrictions set forth herein shall be construed to authorize the violation of any health or safety regulation promulgated by the state department of health.
(c)
Notice and enforcement: The above restrictions shall be enforced upon their being printed in any newspaper of general circulation in the City of Charlottesville, or broadcast upon any radio or television station serving the City of Charlottesville.
(d)
Duration. Drought warning stage restrictions shall remain in full force and effect until city council determines that a water emergency in the City of Charlottesville no longer exists. Drought emergency stage restrictions shall remain in full force and effect until such time as the Executive Director of the Rivanna Water and Sewer Authority certifies in writing to the Director of Public Works of the City of Charlottesville that a drought emergency stage no longer exists.
(e)
Appeals: The city manager shall establish an appeals procedure to review customer applications for exemptions from the provisions of subsections (a) and (b) on a case by case basis and, if warranted, to make equitable adjustments to such provisions. The city manager shall also be empowered to establish regulations governing the granting of temporary exemptions applicable to all or some of the uses of the water supply set forth in subsections (a) and (b). The city manager or designee shall, in deciding applications, balance economic and other hardships to the applicant resulting from the imposition of water use restrictions or allocations against the individual and cumulative impacts to the water supply resulting from the granting of exemptions.
(f)
Additional restrictions: Should measures taken pursuant to subsections (a) and (b) of this section prove insufficient to preserve sufficient supplies of water for the citizens of the city, with prior council approval, the city manager and director of public works are hereby further authorized to implement additional restrictions, including but not limited to the following:
(1)
Impose temporary rate increases or surcharges on the consumption of water;
(2)
Restrict or discontinue the supply of water to any industrial or commercial activity which uses water beyond the sanitary and drinking needs of its employees and invitees; and
(3)
Declare a moratorium on new water connections to buildings issued a building permit after the date of declaration of emergency and to restrict water use to basic human needs only.
(g)
Violation and penalties: It shall be a violation of this section for any person to use water, or allow or cause the use of water, in violation of the provisions of this section after publication of the restrictions as required by paragraph (c). Any person who violates any provision of this section shall be subject to the following penalties:
(1)
For the first offense, violators shall receive a written warning delivered in person or posted at the site of the violation by a representative of the City of Charlottesville Department of Public Works.
(2)
For the second offense, violators shall be fined five hundred dollars ($500.00), which penalty shall be added to the violator's next city water bill;
(3)
For the third offense, violators shall be fined one thousand dollars ($1,000.00), which penalty shall be added to the violator's next city water bill;
(4)
For the fourth and each subsequent offense, the violator shall be guilty of a Class I misdemeanor.
(5)
Each violation by a person shall be counted as a separate violation by that person, irrespective of the location at which the violation occurs.
In addition, the public works director is hereby authorized to terminate the water service, for the duration of the emergency, to any person convicted of such violation.
Any person assessed a penalty pursuant to paragraphs (g)(2) or (3) of this section shall have the right to challenge the assessment by invoking the appeals procedure established pursuant to paragraph (e). The imposition of the penalty may be waived if it is determined that the violation occurred due to no fault of the person assessed the penalty.
(h)
Nothing in this section shall be construed to prohibit the city manager and the public works director from rescinding any orders issued thereunder when the conditions creating the need for such orders have abated.
(6-19-00(6); 9-16-02(2); 10-7-02(1); 10-7-02(2), § 1; 11-20-06(4); 11-3-08(2))
(a)
For the purpose of supplying city water, each premises shall be placed in one of the following classes:
(1)
A building under one roof and occupied as one (1) residence, business or manufacture.
(2)
A combination of buildings in one common enclosure and occupied by one family, business or manufacture.
(3)
A tenement or apartment house with all units on a single meter.
(4)
A building of one or more apartments or offices, or both, with all units on a single meter.
(5)
A vacant lot or tract of land.
(b)
The owner of premises within each such class shall constitute a water consumer for which a minimum charge will be made. An owner may elect, at the owner's expense, to have more than one connection and one meter, for each of which a minimum charge shall be made.
(Code 1976, § 29-12)
(a)
The director of finance shall require deposits from persons applying for water service in accordance with the rules established in this section.
(b)
The normal deposit requirements shall be as follows:
(1)
Residential accounts ..... $75.00
(2)
Nonresidential accounts at locations with no history of water service within the preceding twelve (12) months shall be determined as follows: the director of finance shall obtain from the utilities division information regarding an ongoing similar nonresidential use with a previous history of gas service and a similar meter size ("comparable account"). The finance director shall then establish a deposit in an amount equal to the total of the two (2) highest monthly gas bills for the comparable account during the preceding twelve (12) months.
(3)
The deposit for a nonresidential account at a location with a history of water service within the preceding twelve (12) months shall be the total of the two (2) prior highest monthly water bills at that location during the preceding twelve (12) months.
(c)
The normal deposit requirement will be waived if:
(1)
The applicant furnishes a letter from another gas, water or electric utility with whom he has had service within the past twenty-four (24) months certifying that he has maintained an acceptable credit record; or
(2)
The director of finance is able to establish by telephone call to another gas, water or electric utility with which the applicant has had service within the past twenty-four (24) months that the applicant had no terminations for nonpayment within the most recent twenty-four (24) months in which he had service; or
(3)
The applicant has had city water or gas service at the same or some other address within the past twenty-four (24) months and had no terminations for nonpayment within the most recent twenty-four (24) months in which he had service.
(d)
Any customer who has had service terminated for nonpayment within the preceding twelve-month period, or who has had two (2) or more checks returned to the director of finance for insufficient funds [7] within the preceding twenty-four-month period, may be required to pay an additional deposit to reinitiate service. Such deposit shall not be greater than the sum of the two (2) highest monthly bills rendered in the past twelve (12) months for service at the location to be served.
(e)
Any deposit may be applied by the director of finance to any delinquent balance due on the account for which the deposit was made. The director of finance may, and on application from the customer shall, refund any deposit if the account for which it was made has had no termination for nonpayment, and has not had two (2) or more bad checks received in payment, during the preceding twelve (12) months. Likewise, upon voluntary termination of service to an account, the deposit shall first be applied to the balance due and the balance refunded to the customer.
(f)
The director of finance and city manager are authorized to enter into agreements with responsible organizations or individuals to provide for a guaranty of the account of individuals meeting established criteria, in lieu of any required initial deposit, in an amount equal to the deposit which would otherwise have been required, provided such agreement in their judgment gives the city substantially equivalent security.
(g)
Beginning July 1, 2005, simple interest shall accrue on all deposits held for more than ninety (90) days, at the rate set annually by the state corporation commission for the gas industry. Such interest shall continue to accrue until the deposit is refunded or until a reasonable effort is made to refund it, and this interest shall be paid with such refund.
(Code 1976, § 29-1.1; 6-17-91, § 1; 6-6-05(1); 6-1-15(2), § 1, eff. 7-1-15)
(a)
Water rates shall be as follows:
|
May—
September |
October—
April |
|
| (1) Monthly service charge. | $4.00 | $4.00 |
| (2) Metered water consumption, per 1,000 cu. ft. | $62.78 | $48.29 |
(b)
This section shall not apply to special contracts for the consumption of water which have been authorized by the city council.
(Code 1976, § 29-2; 5-21-90, § 1; 6-17-91, § 1; 6-15-92; 6-29-93, § 1; 6-20-94, § 1; 6-5-95; 6-17-96; 6-16-97, § 1; 6-17-98(1); 6-7-99(3), § 1; 6-5-00(2), § 1; 6-4-01(5), § 1; 6-17-02, § 1; 9-16-02(2); 10-7-02(1); 10-7-02(2), § 1; 11-18-02(2), § 1; 3-3-03(5); 6-16-03; 6-7-04; 6-6-05(1); Ord. of 6-5-06, § 1; Ord. of 6-4-07(2), § 1; 6-16-08(3), § 1; 6-1-09, § 1; 6-7-10(2), § 1; 6-20-11(1), § 1; 6-4-12, § 1; 6-3-13(2), §§ 1, 2, eff. 7-1-13; 6-1-15(1), § 1, eff. 7-1-15; Ord. of 6-6-16, eff. 7-1-16; 6-5-17(2), § 1)
For all connections to fire hydrants, where the director of public works determines that such connection will not impair operation of the water system and where metering of such connection is determined by the director to be impracticable, there shall be a flat charge of twenty-five dollars ($25.00) per day payable in advance to the director of finance.
(Code 1976, § 29-1)
If any water meter shall fail to register, the charge shall be the average reading for the three (3) preceding months.
(Code 1976, § 29-3)
(a)
Any person having a connection directly or indirectly, to the city sewer system shall pay therefor a monthly charge as follows:
(1)
A basic monthly service charge of four dollars ($4.00).
(2)
An additional charge seventy-four dollars and eighty-three cents ($74.83) per one thousand (1,000) cubic feet, of metered water consumption.
(b)
Any water customer not discharging the entire volume of water used into the city's sanitary sewer system shall be allowed a reduction in the charges imposed under this section, provided such person installs, at his expense, a separate, city-approved water connection to record water which will not reach the city sewer system. The cost and other terms of section 31-102 shall apply. For customers with monthly water consumption in excess of thirty thousand (30,000) cubic feet, where the director of finance considers the installation of a separate meter to be impracticable, the director may establish a formula which will be calculated to require such person to pay the sewer charge only on that part of the water used by such person which ultimately reaches the city sewers.
(Code 1976, § 24-2; 5-21-90, § 1; 6-17-91, § 1; 6-15-92; 6-29-93, § 1; 6-20-94, § 1; 6-5-95; 6-17-96; 6-16-97, § 1; 6-17-98(1); 6-7-99(3), § 1; 6-5-00(2), § 1; 6-4-01(5), § 1; 6-17-02, § 1; 3-3-03(5); 6-16-03; 6-7-04; 6-6-05(1); Ord. of 6-5-06, § 1; Ord. of 6-4-07(2), § 1; 6-16-08(3), § 1; 6-1-09, § 1; 6-7-10(2), § 1; 6-20-11(1), § 1; 6-4-12, § 1; 6-3-13(2), § 1; 6-1-15, § 1(1), eff. 7-1-15; Ord. of 6-6-16, eff. 7-1-16; 6-5-17(2), § 1)
If the director of finance, acting pursuant to section 31-108, allows a sewer connection for property for which city water is not available, the director shall determine the monthly charges for such connection, which charges shall be in keeping with those set forth in section 31-156.
(Code 1976, § 24-10)
(a)
All bills for water and sewer service shall be payable upon presentation, and shall be considered to be in arrears if not paid prior to the rendering of the next monthly billing. Any amount for which payment has not been received by the next billing date shall be subject to the imposition of a finance charge of one and one-half (1.5) percent per month for each month until payment is made. The next billing date shall be clearly stated on each monthly statement and shall be not less than twenty-five (25) days after the date of the current billing.
(b)
Payments received on any account shall be first applied to the amount of any unpaid finance charge, then to amounts in arrears reducing the oldest charges first, then to current billings.
(c)
In addition to the finance charge imposed under subsection (a) of this section, the director of finance may order the termination of service to any customer whose account remains in arrears more than ten (10) days after such customer has been mailed a final notice which shall plainly indicate that service may be terminated if payment is not made.
(d)
The director of finance shall establish administrative procedures to ensure that any applicant for service or customer who wishes to dispute any bill, deposit requirement, refusal of service, charge or termination notice imposed under this section is entitled to an administrative review of such dispute by a designated person or persons within the finance department, other than the person who made the initial determination in such dispute.
(Code 1976, §§ 24-3.1, 29-5.1; 6-6-05(1); 6-5-17(2), § 1)
For turning water on again after it has been terminated for nonpayment, there shall be a charge, as specified in section 31-104.
(Code 1976, § 29-5.3; 6-17-91, § 1; 6-16-03; 6-6-05(1); 6-1-15(2), § 1, eff. 7-1-15)
Whenever the director of finance determines that water service which was terminated for nonpayment or any other reason has been restored by someone other than authorized personnel of the city, the director shall have the metering device for that service removed and shall assess a charge of fifty dollars ($50.00) to such account, payable in advance, to return the meter to service. In addition, before restoring service to such account, the director of finance shall collect an additional deposit as required by section 31-152(d).
(Code 1976, § 29-7.1)
(a)
A complaint against a water or sewer bill shall not be accepted as a proper excuse for the complainant not paying such bill when due, nor exempt the complainant from the imposition of penalties for failure to pay the bill at the proper time.
(b)
On request of the consumer, the city shall cause the water meter to be tested, and if the meter is found inaccurate, exceeding two (2) percent, the meter shall be replaced at the expense of the city. If the meter is found to be accurate within two (2) percent, the consumer shall pay fifty dollars ($50.00) for this service for a five eighths ( 5/8 ) inch meter. Meters larger than five eighths ( 5/8 ) inch will be charged at the actual cost or fifty dollars ($50.00), whichever is greater.
(c)
On request of the consumer, the city will re-read the water meter. For the first such re-read in a calendar year, there will be no charge. For subsequent requests, the consumer will pay a thirty-five dollar ($35.00) charge, unless the meter is found to be malfunctioning or to have been misread.
(Code 1976, § 29-6; 6-16-03; 6-6-05(1))
The following words, terms, phrases and abbreviations, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Authority means the Rivanna Water and Sewer Authority.
Board means the Board of Directors of the Rivanna Water and Sewer Authority.
B.O.D. or biochemical oxygen demand means the laboratory determination of the quantity of oxygen by weight, expressed in parts per million, utilized in the biochemical oxidation of organic matter, under standard laboratory conditions in five (5) days at twenty (20) degrees Celsius. The laboratory determination shall be made in accordance with 40 CFR Part 136.
Categorical pretreatment standards means industry-specific pollutant discharge standards promulgated by the United States Environmental Protection Agency (EPA).
C.O.D. or chemical oxygen demand means the laboratory determination of the oxygen equivalent expressed in parts per million of that portion of the organic matter that is susceptible to oxidation by the standard dichromate reflux method. The laboratory determination shall be made in accordance with 40 CFR Part 136.
Domestic sewage means waterborne wastes normally discharging from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories and institutions, free from storm surface water and industrial wastes.
Industrial wastes means all waterborne solids, liquids or gaseous wastes resulting from any industrial, manufacturing, trade, business or food processing operation or process, or from the development of any natural resource, exclusive of domestic sewage.
Interference means a discharge which, alone or in conjunction with other discharges, inhibits or disrupts the sewerage system, its treatment processes or sludge disposal, or is a cause of violation of the receiving sewage treatment plant's discharge permit.
Parts per million means a weight to weight ratio.
Pass-through pollutant means any pollutant which is unaffected by the normal sewage treatment process and which could impair water quality in the receiving stream or cause a violation of the receiving sewage treatment plant's discharge permit.
Permit means an industrial waste discharge permit issued pursuant to this article.
Person means any individual, association, partnership, corporation, municipality, state, federal agency, or any agent or employee thereof.
pH means the logarithm (base 10) of the reciprocal of the hydrogen ion concentration.
Point of discharge means the point at which waste is discharged to the publicly owned sewerage system.
Pollutant means any material made or induced by humans which alters the physical, chemical, biological or radiological integrity of water.
Public sewer means sanitary sewer in which all owners of abutting properties shall have equal rights and which is controlled by public authority.
Radioactive material or isotope means any material containing chemical elements that spontaneously change their atomic structure by emitting any particles or rays.
Sanitary sewer means a sewer which carries sewage and to which storm, surface and groundwaters are not intentionally admitted.
Septic tank wastes means sewage from domestic septic tank treatment systems.
Sewage means a combination of water-carried waste from residential, commercial, institutional and industrial establishments, together with such ground, surface and storm water as may be present.
Sewage treatment plant means any arrangement of devices and structures used for treating sewage.
Sewer means a pipe or conduit used to collect and carry away sewage from the generating source to sewage treatment plants.
Sewerage system means the system of public sewers and appurtenances for the collection, transportation, pumping and treatment of sewage.
Shall and may. "Shall" wherever used in this article will be interpreted in its mandatory sense; "may" is permissive.
Significant industrial user means any industrial discharger who:
(1)
Is subject to categorical standards;
(2)
Discharges a nondomestic wastestream of twenty-five thousand (25,000) gallons per day or more;
(3)
Contributes five (5) percent or greater to the hydraulic or organic load of the receiving plant; or
(4)
Has a reasonable potential to affect the plant performance, pass through of pollutants, contaminate sludge, or endanger collection/treatment workers.
Slug means any discharge which, in concentration of any pollutant or in quantity of flow, will cause a violation of the prohibited waste discharges in section 31-189 of this article.
Surcharge means the additional charge for treating sewage containing concentrations of B.O.D. and/or suspended solids in excess of two hundred forty (240) parts per million.
Suspended solids means solids that either float on the surface of, or are in suspension in, water, sewage or other liquids, and which are removable by laboratory filtering. Quantitative determination of suspended solids shall be made in accordance with 40 CFR Part 136.
Toxic substances means any substance, whether gaseous, liquid or solid, of such character or in such quantity that when discharged to the sanitary sewer, will interfere with any sewage treatment process, cause a hazard to any portion of the sewerage system, constitute a hazard to any living organism or to any stream or watercourse receiving effluent from the sewage treatment plant, or interfere with sludge disposal.
Trade secret means any formula, plan, pattern, process, tool, mechanism, material, compound, procedure, production data or compilation of information which is not patented, which is known only to certain individuals within a commercial concern who are using it to fabricate or produce a compound, an article of trade or a service having commercial value and which gives its users an opportunity to obtain a business advantage over competitors who do not know or use it.
(Code 1976, § 24-12; 3-4-91; 12-5-05(1))
Cross reference— Definitions and rules of construction generally, § 1-2.
Any person who willfully or negligently violates any provision of this article may be subject to criminal penalties of a fine of up to one thousand dollars ($1,000.00) per day of violation or by imprisonment for up to twelve (12) months or by both fine and imprisonment.
Further, any person who violates any provision of this article or any condition or limitation of a permit, or plan approval related thereto, shall be responsible financially and liable to the Rivanna Water and Sewer Authority, in addition to normal service charges and surcharges, for all costs incurred by the authority associated with such violation of this article, including, but not limited to, the following:
(1)
Cost of mileage and labor incurred in detecting and correcting the violation.
(2)
Laboratory analysis costs associated with detecting and correcting the violation.
(3)
Additional treatment costs caused by the violation or associated with detecting and correcting the violation.
(4)
Cost of any equipment acquired or expended by the authority for detecting or correcting the violation.
(5)
Repair and/or replacement of any part of the sewer system damaged by the violation.
(6)
Any liability, damages, fines or penalties incurred by the authority as a result of the violation.
(7)
Other reasonable costs as are associated with the detecting and correcting of the violation.
(Code 1976, § 24-30; 3-4-91)
Information and data on a discharger obtained from reports, questionnaires, permit applications, permits, monitoring programs and inspections pursuant to this article shall be available to the public or other government agency without restriction, unless the discharger specifically requests nondisclosure and is able to demonstrate to the satisfaction of the Rivanna Water and Sewer Authority that the release of such information would divulge information, processes or methods of production entitled to legal protection as trade secrets of the discharger. The physical chemical characteristics of a discharger's wastewater, however, will not be recognized as confidential information or as a trade secret.
(Code 1976, § 24-26; 3-4-91)
(a)
No person shall discharge or cause to be discharged into any portion of the sewerage system of the city, directly or indirectly, any pollutant or wastewater which will: Interfere with the operation or performance of the collection system or sewage treatment plant; constitute a hazard to human life or health; interfere with or impede the disposal of treatment by-products such as scums and sludges; pass through the treatment system so as to violate any local, state or federal stream standard; or create a public nuisance. Discharges of the following are expressly prohibited:
(1)
Any waste having a temperature higher than one hundred fifty (150) degrees Fahrenheit at the point of discharge or of such temperature and quantity to cause the sewage treatment plant influent temperature to exceed one hundred four (104) degrees Fahrenheit.
(2)
Any water or waste containing more than one hundred (100) parts per million of fat, oil or grease, as determined by the testing standards and procedures utilized by Rivanna Water and Sewer Authority. An analytic value of greater than one hundred (100) parts per million shall require further testing utilizing procedures as determined by Rivanna Water and Sewer Authority, and compliance shall be determined based upon the testing results.
(3)
Any petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through.
(4)
Any gasoline, benzene, naphtha or other hydrocarbon solvents or oils, or other flammable or explosive liquids, solids or gases with a closed cup flashpoint of less than one hundred forty (140) degrees Fahrenheit.
(5)
Any waters or wastes having a stabilized pH lower than 6.0 or higher than 9.0 or having properties capable of causing damage to structures and equipment of the sanitary sewerage system.
(6)
Any waters or wastes having objectionable color which is not removable by the existing sewage treatment plant processes.
(7)
Any waters or wastes containing B.O.D. or C.O.D. or suspended solids of such character and quantity that unusual attention or expense is required in the handling of such materials in the sewerage system.
(8)
Any noxious or malodorous gas or substance capable of creating a public nuisance, or any substance or compound which, when introduced into a reducing environment such as might exist in the sewer system, could cause the evolution of a malodorous gas and thereby create a public nuisance.
(9)
Any wastes containing any radioactive materials or isotopes of such half-life or concentration as may exceed any limits established by applicable state or federal regulations.
(10)
Any water added for the purpose of diluting wastes which would otherwise exceed applicable maximum concentration limits set for any pollutant at the point of discharge, but which would accumulate to undesirable quantities in the collection and/or treatment systems.
(11)
Any wastes containing concentrations of phenols, arsenic, barium, cadmium, chromium, copper, cyanide, iron, lead, mercury, nickel, silver, zinc or other substances in excess of concentrations which may be adopted by the board of directors of the Rivanna Water and Sewer Authority.
(12)
Any slug discharges.
(13)
Any wastes requiring the introduction of a quantity of chlorine or any other compound beyond the range normally required for sewage treatment purposes.
(14)
Any lime sludges resulting from the pretreatment and/or removal of metals.
(15)
Any discharge of pollutants which result in the presence of toxic gases, vapors or fumes in a quantity that may cause acute worker health and safety problems.
(16)
Any trucked or hauled wastes except as provided for in section 31-193 of this article.
(17)
Any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters.
(18)
Any solid or viscous substances capable of causing obstruction to flow in sewers or interference with proper operation of the sewage treatment facilities.
(b)
The omission of any particular waste from the standards outlined hereinabove does not imply that discharge of such waste to the sanitary sewer system will be permitted. Any liquid waste of peculiar character and volume or of toxic or unusual nature shall be subject to review by the approving authority and standards deemed applicable established by the approving authority. The requirements set forth hereinabove are generally applicable but are not absolutely fixed. Such requirements may be made more restrictive and more stringent by the board if a survey of the sanitary sewer system and/or analyses of sewage treatment plant operating data, or standards set by the Virginia State Water Control Board for receiving streams indicate that such action is necessary for the protection of the sewerage system. Such requirements may be made more liberal only by resolution of the board, duly adopted and based upon satisfactory evidence and proof that the discharge of a particular waste having concentration of particular substance, compound or element in excess of those outlined hereinabove has no adverse effect on the sewerage system, sludge disposal, or the quality of the receiving stream. No such resolution may allow contravention of any state or federal regulation or standard.
(Code 1976, §§ 24-14, 24-14.1; 3-4-91; 6-16-08(4))
Dischargers shall notify the Rivanna Water and Sewer Authority immediately by telephone or in person upon discharging wastes in violation of this article, accidentally or otherwise. Such notification of occurrence shall be followed within five (5) days of the day of the occurrence by a detailed written statement to the authority describing the causes of the discharge and the measures being taken to prevent future occurrences. Dischargers shall take all reasonable countermeasures to stop such discharges and, if possible, to neutralize their effects.
(Code 1976, § 24-14.2; 3-4-91)
No person shall discharge sewage or other waste material into the city sanitary sewer system except through a connection to such system authorized and paid for as provided in this chapter. Discharges to the city's storm sewer system are governed by Chapter 10 (Water Protection) Article V (Storm Sewer Discharges) of this Code.
(Code 1976, § 24-11; 7-17-89; 12-5-05(1))
Editor's note— An ordinance adopted Mar. 4, 1991, deleted, in effect repealed, former § 31-192, which pertained to general prerequisites for discharge of industrial waste and derived from § 24-13 of the city's 1976 Code.
(a)
Wastes from sites not served by the public sewerage system may be considered for disposal on a case-by-case basis. Any person requesting such disposal shall first obtain a letter of acceptance from the Rivanna Water and Sewer Authority by submitting the information required by section 31-217. A separate request must be made for each discharge unless it can be demonstrated that the wastes are routinely produced and of such quality that individual consideration can be waived. The letter of acceptance issued to haulers of septic tank wastes shall be in the form of a permit subject to all of the provisions of section 31-217. The conditions of the letter of acceptance may include, but need not be limited to, the following:
(1)
Maximum permissible composite concentration of wastewater constituents;
(2)
Limits on rate and time of discharge or requirements for flow regulation;
(3)
Requirements for inspection and sampling;
(4)
Requirements for recording, maintaining and reporting information concerning the origin of each tank truck load and identification of contributors;
(5)
Prohibition of discharge of certain wastewater constituents; and
(6)
Other conditions as deemed appropriate by the Rivanna Water and Sewer Authority to insure compliance with this article.
(b)
Charges for the disposal of off-site and septic tank wastes as provided for in this section shall be paid by the permit holder directly to the Rivanna Water and Sewer Authority in accordance with the current schedule and conditions contained in the letter of acceptance. Acceptance of domestic septic tank wastes is further subject to the advance purchase from the authority, and surrender upon delivery for discharge, of a coupon to the operator on duty.
(Code 1976, §§ 24-14.3, 24-24; 3-4-91)
The volume or quantity of industrial waste discharged by any person into the sanitary sewer system shall be measured by one or more of the following methods:
(1)
If the volume of water used by any person in industrial or process operations is substantially the same as the volume of water purchased from the city, then the volume of water purchased shall be considered to be the volume of waste discharged.
(2)
If a substantial portion of the water purchased from the city is used for purposes that do not require the discharge of such used water to the sanitary sewer system, such person shall, at its own expense, either:
a.
Install a meter of a design approved by the executive director of the Rivanna Water and Sewer Authority and the director of public works on the water supply line to such industrial and/or process operations; or
b.
Install a meter of a design approved by the executive director of the Rivanna Water and Sewer Authority and the director of public works on the waste line from such industrial and/or process operations. The volume of water or waste flow, respectively, as measured through such meter, shall be considered to be the volume of waste discharged into the sanitary sewer system.
(3)
If any person proposing to discharge industrial waste into the sanitary sewer system does not secure its entire water supply from the city, such person shall, at its own expense, install a meter of a design approved by the executive director of the Rivanna Water and Sewer Authority and the director of public works on the waste line from such industrial and/or process operations. The volume of waste flow, as measured through such meter, shall be considered to be the volume of waste discharged to the sanitary sewer system.
(Code 1976, § 24-21)
A permit holder may be required to construct, at its own expense, a control manhole on the waste line from the holder's industrial or process operations for the purpose of facilitating observations, measurements and sampling of the industrial waste discharged from such person's establishment. The control manhole shall be constructed in a suitable and satisfactory location downstream from any pretreatment facilities, holding tanks or other approved works, and ahead of the point of discharge of such waste into the sanitary sewer system. The design of the control manhole shall be in accordance with the requirements established by the executive director of the Rivanna Water and Sewer Authority and the director of public works. The control manhole shall be maintained by such person so as to be safe, accessible and in proper operating condition at all times.
(Code 1976, § 24-22; 3-4-91)
(a)
The Rivanna Water and Sewer Authority shall make a periodic determination of the character and concentration of industrial wastes discharged into the sanitary sewer system.
(b)
Samples of industrial waste discharged into the sanitary sewer system shall be collected by Rivanna Water and Sewer Authority personnel in such a manner as may be deemed necessary by the director of public works and the executive director of the authority, and analyzed to determine the character and concentration of industrial wastes and for compliance with this article. The laboratory methods used to determine the character and concentration of the industrial wastes shall be in accordance with 40 CFR Part 136.
(c)
Such determination of the character and concentration of the industrial waste discharged into the sanitary sewer system shall be binding as a basis for surcharges on those persons discharging industrial waste into the system.
(d)
Industries wishing to include samples other than those regularly scheduled may request the Rivanna Water and Sewer Authority to do so. Costs incident to sampling and analyzing of wastes for purposes of determining compliance with this article or that are applicable to surcharges shall be paid for by those persons discharging wastes into the city's sanitary sewers.
(e)
Properly identified authority personnel shall be allowed access at all reasonable times for purposes of inspection and sampling and shall have the right to inspect and copy records.
(Code 1976, § 24-23; 3-4-91)
(a)
A surcharge for treating wastes having a biochemical oxygen demand and/or suspended solids in excess of two hundred forty (240) parts per million may be imposed. Such a surcharge shall be imposed in addition to any existing sewer service charges and to any sewer charge imposed after the adoption of this article. The surcharge shall include:
(1)
A charge covering the cost incurred by the Rivanna Water and Sewer Authority in treating such wastes in the sewage treatment plants; and
(2)
A charge covering the costs incurred by the Rivanna Water and Sewer Authority in sampling and analyzing such discharge.
(b)
Such surcharge as set forth in section 31-197(a) shall be shown separately on the regular bill rendered to the proper person each month by the director of finance. The discharger shall pay in accordance with practices existing for payment of sewer charges.
(c)
The city shall remit to the Rivanna Water and Sewer Authority each month that part of the surcharge attributable to the increased operating and maintenance costs incurred by the authority in treating the waste.
(d)
The Rivanna Water and Sewer Authority shall review, at least annually, the basis for determining charges and shall adjust the unit treatment costs to reflect increases or decreases in wastewater treatment costs based upon the authority's adopted annual budget.
(Code 1976, § 24-24; 3-4-91)
It shall be unlawful for any significant industrial user to discharge any industrial waste, either directly or indirectly, into the city sanitary sewer system without a permit issued pursuant to this division. A separate permit shall be required for each wastewater connection discharging, directly or indirectly, into the sewerage system. For each discharger having multiple connections at a single plant or facility, a single permit shall be required, which may set forth special effluent limitations and conditions for discharge from each separate connection.
(Code 1976, § 24-20.6; 3-4-91)
Any person desiring to discharge industrial wastes into the public sanitary sewer system shall notify the executive director of the Rivanna Water and Sewer Authority and the director of public works of the nature and characteristics of their proposed wastewater discharge prior to commencing said discharge, and make application for a permit to the department of public works. Such application shall include:
(1)
The name, address and telephone number of the applicant and contact person, and the name and mailing address of the owner of the premises from which industrial wastes are intended to be discharged;
(2)
The daily maximum, daily average and monthly average wastewater flow rates, including daily, monthly and seasonal variations, if any;
(3)
Standard Industrial Classification (SIC) code of both the industry as a whole and any processes for which federal categorical pretreatment standards have been promulgated;
(4)
The time and duration of discharge;
(5)
Wastewater constituents and characteristics including any pollutants in the discharge which are limited by any federal, state or local standards. Sampling and analysis will be undertaken in accordance with 40 CFR Part 236;
(6)
The site plans, floor plans and mechanical and plumbing plans and details to show all sewers, floor drains, and appurtenances by size, location and elevation;
(7)
A description of activities, facilities and plant processes on the premises, including a list of all raw materials and chemicals used at the facility which are or could accidentally or intentionally be discharged to the sewerage system;
(8)
Each product produced by type, amount, process or processes and rate of production;
(9)
The type and amount of raw materials processed (average and maximum per day);
(10)
The number and type of employees, hours of operation, and proposed or actual hours of operation of the pretreatment system;
(11)
Whether additional operation and maintenance (O&M) and/or additional pretreatment are required for the user to meet all applicable federal, state and local standards. If additional pretreatment and/or O&M will be required to meet the standards, then the industrial user shall indicate the shortest time schedule necessary to accomplish installation or adoption of such additional treatment and/or O&M. The completion date in this schedule shall not be longer than the compliance date established for the applicable pretreatment standard. The following conditions apply to this schedule:
a.
The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, beginning operation, and conducting routine operation). No increment referred to above shall exceed nine (9) months, nor shall the total compliance period exceed eighteen (18) months;
b.
No later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the director of public works including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay and, if appropriate, the steps being taken by the user to return to the established schedule. In no event shall more than nine (9) months elapse between such progress reports to the authority; and
(12)
Any other information deemed by the director of public works to be relevant and necessary to evaluate the permit application.
All applications must contain the following certification statement and be signed in accordance with the signatory requirements of 40 CFR 403.12(l):
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
(Code 1976, § 24-19; 3-4-91)
The director of public works shall evaluate the permit application and determine the need for issuing a permit. If a permit is required, the application shall be forwarded to the Rivanna Water and Sewer Authority for review. A draft permit may be issued within sixty (60) days after all data required by this article have been furnished to and accepted by the executive director of the authority and the director of public works. The applicant shall then be allowed a comment period of thirty (30) days. Upon the expiration of the comment period, or upon the expiration of ninety (90) days from the date the data have been furnished and accepted, the executive director of the authority and the director of public works shall issue or deny a permit.
(Code 1976, § 24-20.1)
Should the waste from an applicant's operations be deemed to be inadmissible into the sanitary sewer system because of objectionable character as defined in this article, or because of flow characteristics incompatible with the best use of the receiving sewer, issuance of a permit and the right to discharge such waste into the sanitary sewer system shall be denied until the applicant, at its expense, has employed methods and processes of pretreatment as will render the waste admissible to the sanitary sewer system in accordance with this article. Neither the city nor the Rivanna Water and Sewer Authority shall specify, suggest or recommend equipment, structures or arrangements comprising the pretreatment processes. The methods and procedures of the pretreatment to be employed shall be reviewed and approved using the procedure provided in this division for processing permit applications. If pretreatment is required, approval of discharge of industrial wastes shall be given only on the basis of performance of pretreatment processes.
(Code 1976, § 24-20.2; 3-4-91)
The issuance of a permit under this division shall not relieve the discharger from complying with all applicable laws, regulations and ordinances promulgated by government authority, nor shall the issuance of a permit be construed as a representation by the executive director of the Rivanna Water and Sewer Authority or the director of public works that the discharge permitted therein complies with such laws, regulations and ordinances.
(Code 1976, § 24-20.1)
A permit issued under this division may contain appropriate restrictions. Such a permit shall include such conditions as are reasonably deemed necessary by the executive director of the Rivanna Water and Sewer Authority and the director of public works to prevent pass through or interference, protect the quality of the stream receiving the sewage treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the sewerage system. Permits may contain, but need not be limited to, the following:
(1)
Limits on the average and/or maximum concentration, mass or other measure of identified wastewater constituents or properties;
(2)
Limits on the average and/or maximum rate and time of discharge, and/or requirements for flow regulations and equalization;
(3)
Requirements for installation and maintenance of inspection and sampling facilities;
(4)
Requirements for the installation of pretreatment technology or construction of appropriate containment devices designed to reduce, eliminate or prevent the introduction of pollutants into the sewerage system;
(5)
Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests, and reporting schedules;
(6)
Compliance schedules;
(7)
Requirements for submission of technical reports or discharge reports, recordkeeping relating to wastewater discharges and access thereto;
(8)
Requirements for the notification of any new wastewater constituents or of any substantial change in the volume or character of the wastewater being introduced into the sewerage system;
(9)
Requirements for the notification of any change in the manufacturing and/or pretreatment process used by the discharger;
(10)
Requirements for notification of excessive, accidental or slug discharges;
(11)
Development and implementation of spill control plans or other special conditions including additional management practices necessary to adequately prevent accidental, unanticipated or routine discharges; and
(12)
Other conditions necessary to ensure compliance with this article and with all applicable local, state and federal regulations.
(Code 1976, §§ 24-20.1, 24-20.3; 3-4-91)
(a)
The terms and conditions of any permit may be subject to modification and change by joint action of the executive director of the Rivanna Water and Sewer Authority and the director of public works during the term of the permit, to accommodate changed conditions or as local, state or federal laws, rules or regulations are modified or as new National Categorical Pretreatment Standards are promulgated.
(b)
Permit holders shall be informed of any proposed changes in their respective permits at least sixty (60) days prior to the effective date of change and shall be allowed a comment period relating to any of the proposed changes in their permits within the first thirty (30) days after issuance of such proposed changes.
(c)
Dischargers shall be allowed a reasonable period of time to comply with any required changes in their permits unless otherwise required by emergency or governmental regulations. Nothing in this division is intended to preclude the executive director of the Rivanna Water and Sewer Authority and the director of public works from taking immediate action, however, to modify a permit temporarily when there is imminent risk of injury to the sewerage system or to the health and welfare of the public or to the environment.
(Code 1976, § 24-20.5; 3-4-91)
Permits shall be issued under this division for a period of time not to exceed three (3) years. An expired permit will continue to be effective and enforceable until the permit is reissued if the failure to reissue the permit, prior to expiration of the previous permit, is not due to any act or failure to act on the part of the industrial user.
(Code 1976, § 24-20.4; 3-4-91)
(a)
Permits are issued to a specific user for a specific operation and are not assignable to another user or location. In the event of any change in ownership of facilities from which the discharge is permitted, the permit holder shall notify the succeeding owner of this permit by letter with a copy forwarded to the authority. The succeeding owner must apply for a new permit within thirty (30) days of assuming ownership and comply with the terms of this permit until a new permit is issued.
(b)
Any anticipated facility expansion, production increases, or process modifications which will result in new, different or increased discharges of pollutants must be reported to the authority.
(1)
If any changes will not violate the discharge limitations specified in this permit, the permit may be modified to specify and limit any pollutants not previously limited.
(2)
If such changes violate the discharge limitations specified in this permit, the permit will become void and a new permit application must be submitted.
(Code 1976, § 24-20.1; 3-4-91)
(a)
The executive director of the Rivanna Water and Sewer Authority and the director of public works may suspend a permit issued under this division for a period not to exceed sixty (60) days when suspension is necessary in order to stop a discharge which, in the judgment of the authority, presents an imminent hazard: to the public health, safety or welfare; to the local environment; or to any portion of the sewerage system.
(b)
Any discharger notified of a suspension of a permit shall cease immediately the discharge of all industrial wastewater into the sewerage system. In the event of a failure of a discharger to comply voluntarily with the suspension order, the Rivanna Water and Sewer Authority shall take such steps as are necessary reasonably to ensure compliance.
(c)
The permit may be reinstated upon such terms and conditions as may be required if a reinspection by Rivanna Water and Sewer Authority personnel reveals that the effluent is again in compliance with the terms and conditions of the permit.
(Code 1976, § 24-27)
(a)
Permits issued under this division may be revoked for just cause, including but not limited to:
(1)
Violation of any terms or conditions of the permit or of this article or any other applicable government regulations or discharge prohibitions.
(2)
Obtaining a permit by misrepresentation.
(3)
Failure to disclose fully relevant facts or to report significant changes in wastewater volume, constituents or characteristics.
(4)
False statements or data in any required monitoring report.
(5)
Refusal of reasonable access to the discharger's premises for the purpose of inspection or monitoring.
(6)
Failure to pay any and all costs properly charged by the city or the Rivanna Water and Sewer Authority under this article.
(b)
Before any further discharge of industrial wastewater may be made by a discharger whose permit has been revoked, the discharger must apply for, and be granted, a reinstatement of the revoked permit, or a new permit, as the executive director of the Rivanna Water and Sewer Authority and the director of public works may require, and pay all delinquent fees and charges and costs occasioned by the violation.
(Code 1976, §§ 24-28, 24-29)
Except as otherwise provided herein, the executive director of the authority shall administer, implement and enforce the provisions of this division and as such is hereby designated an agent of the city council for purposes of enforcing the provisions of this division. Any power granted or duties imposed upon the executive director may be delegated by the executive director to persons in the employ of the authority.
(3-4-91)
If any section, clause, provision or portion of this division shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause, provision or portion of this article.
(3-4-91)
The following terms, whenever used or referred to in this article, shall have the respective meanings set forth in this section, unless the context clearly requires a contrary meaning or any such term is expressly defined to the contrary elsewhere in this chapter:
Backflow means the flow of water or other liquids, mixtures or substances into the distributing pipes of a potable supply of water from any source or sources other than its intended source.
Cross-connection means any physical connection between a potable water supply and any waste pipe, soil pipe, sewer drain or any unapproved source or system. Cross-connection includes any potable water supply outlet which is submerged or can be submerged in waste water and any other source of contamination.
Health hazard means any condition, devices or practices in the water supply system and its operation which create, or in the judgment of the chief or superintendent may create, a danger to the health and well-being of the water consumer.
Plumbing fixture means installed receptacles, devices or appliances supplied with water or that receive or discharge liquids or liquid borne wastes.
Plumbing system means the water supply and distribution pipes, plumbing fixtures and traps, soil, waste and vent pipes, building drains and building sewers including their respective connections, devices and appurtenances within the property lines of the premises, and water-treating or water-using equipment.
Pollution means the presence of any foreign substance (organic, inorganic, radiological or biological) in the water that tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water.
Superintendent means the superintendent of the water division of the department of public works of the city.
Water, nonpotable, means water that is not safe for human consumption or that is of questionable potability.
Water, potable, means water free from impurities in amounts sufficient to cause disease or harmful physiological effects. Its bacteriological and chemical quality shall conform to the requirements of the Virginia Waterworks Regulations of the state department of health and the requirements of the department of public works of the city.
Water system means all structures, appliances and equipment owned and operated by the city or the Rivanna Water and Sewer Authority and used to collect, store, transport, purify and treat water for drinking or domestic use and the distribution of water to the public.
(Code 1976, § 29-18)
Cross reference— Definitions and rules of construction generally, § 1-2.
The director of public works shall notify the owner, or authorized agent of the owner, of any building or premises in which there is found a violation of this article of such violation. Such notice shall be in writing and shall set a reasonable time for the owner to have the violation removed or corrected. Upon failure of the owner to have the defect corrected by the end of the specified time interval the director of public works may, if in his judgment an imminent health hazard exists, cause the water service to the building or premises to be terminated or deny service to such premises.
(Code 1976, § 29-25)
Any owner, or authorized agent of the owner responsible for the maintenance of the plumbing systems in the building, who knowingly permits a violation of this article to remain uncorrected after the expiration of time set by the director of public works pursuant to section 31-257 shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than one thousand dollars ($1,000.00) for each violation. Each day of failure to comply with the requirements of this article after such specified time shall constitute a separate violation.
(Code 1976, § 29-26)
Every building, premises or structure in the city shall be constructed, equipped and maintained in such a manner as to prevent the possibility of pollution of the water supply by cross-connection or backflow of liquids.
(Code 1976, § 29-19)
(a)
The city potable water supply system shall be designed, installed and maintained in such a manner as to prevent contamination from nonpotable liquids, solids or gases from being introduced into the potable water supply through cross-connections or any other piping connections to the system.
(b)
Cross-connections between the city potable water system and other systems or equipment containing water or other substances of unknown or questionable safety are prohibited except when and where, as approved by the superintendent or the building official, suitable protective devices such as the reduced pressure zone backflow preventer or equal are installed, tested and maintained to ensure proper operation on a continuing basis.
(Code 1976, § 29-20)
The city potable water system shall be protected against backflow and backsiphonage by installing and maintaining at all fixtures, equipment and outlets, where backflow or backsiphonage may occur, a suitable backflow preventer as approved by the superintendent or the building official.
(Code 1976, § 29-21)
(a)
The building official shall inspect the plumbing within every building in the city as frequently as in his judgment may be necessary to ensure that such plumbing has been installed and maintained in such a manner as to prevent the possibility of pollution of the water supply of the city through the plumbing.
(b)
The building official shall have the right of entry into any building, during reasonable hours, for the purpose of making inspection of the plumbing systems installed in such building or premises for cross-connection or backflow problems caused by improper installation, repair or maintenance, faulty equipment or other causes. Upon request, the owner or occupants of property served by the city water system shall furnish to the building official pertinent information regarding the piping system on such property. In the event the owner or occupant of any building refuses to permit such inspection or furnish such information, the director of public works may order water service to such property to be discontinued.
(Code 1976, § 29-22)
(a)
The superintendent shall inspect all water lines, appliances and equipment owned and operated by the city within its boundaries and used to collect, store, transport, purify and treat water for drinking or domestic use, and lines used to distribute water to each building's plumbing system up to the point where it enters the building, as frequently as in his judgment may be necessary to ensure that system has been installed in such a manner as to prevent the possibility of pollution of the water supply of the city through the distribution system.
(b)
The superintendent shall have the right of entry into any building, during reasonable hours, for the purpose of making inspection of the plumbing systems installed in such building or premises for cross-connection or backflow problems caused by improper installation, repair or maintenance, faulty equipment or other causes. Upon request, the owner or occupants of property served by the city water system shall furnish to the superintendent pertinent information regarding the piping system on such property. In the event the owner or occupant of any building refuses to permit such inspection or furnish such information, the director of public works may order water service to such property to be discontinued.
(Code 1976, § 29-23)
Any cross-connection or backflow prevention device or system shall be designed, installed and maintained in such a manner as to be in compliance with the Cross-Connection Control Manual, United States Environmental Protection Agency, Office of Water Programs, Water Supply Division, 1973, the plumbing sections of the Virginia Uniform Statewide Building Code, section 6.00 of the Virginia Waterworks Regulations entitled "Cross-Connection and Backflow Prevention Control in Waterworks," and the department of public works cross-connection and backflow prevention control program, copies of all of which are on file in the offices of the water division and inspections division of the public works department.
(Code 1976, § 29-24)
(a)
Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a misdemeanor, and upon conviction of such a violation a person shall be fined not more than one hundred dollars ($100.00) for the first offense and not more than five hundred dollars ($500.00) for each subsequent offense.
(b)
The chief of police or a police officer duly designated by him shall investigate all complaints of violations of this chapter and shall maintain records of all such complaints and investigations.
(5-19-97, § 1)
(a)
All passenger motor vehicles for hire, including all taxicabs, operating within the city or which have a terminal within the city shall be registered by the owner with the chief of police, as follows:
(1)
On or before January 1st of each calendar year, or no later than March 1 of the calendar year if a vehicle was registered with the police during the preceding calendar year, the vehicle's owner shall apply to the chief of police for registration of the vehicle. The applicant shall state whether the vehicle will be driven solely by the applicant, will be leased to or otherwise utilized by another operator, or will be driven by employees of the applicant. The applicant shall present a copy of a current business license issued by the commissioner of revenue authorizing the applicant to do business in the city.
(2)
The chief of police shall conduct an investigation with respect to the vehicle and the matters set forth within the application for its registration, for the purpose of determining whether or not the vehicle poses any threat to the health, safety, welfare or comfort of the vehicle's driver(s), passengers, or the general public.
(3)
If the vehicle proposed for registration meets the requirements of any regulations promulgated pursuant to section 32-5 of this chapter, meets the requirements set forth in section 32-38 hereof, if applicable, and does not pose a threat to the health, safety, welfare or comfort of its driver(s), passengers or the general public, registration shall be granted.
(b)
A registration card shall be issued for each vehicle registered. The registration card shall exhibit the name and a valid mailing address of the vehicle's owner, and shall be conspicuously posted inside the vehicle.
(c)
For vehicle registration, a fee of ten dollars ($10.00) for the first vehicle and five dollars ($5.00) for each additional vehicle registered in the same registration period shall be paid to the city.
(d)
Any vehicle's registration under this chapter shall be subject to revocation, as follows:
(1)
If the chief of police receives information that a passenger motor vehicle for hire, including any taxicab, registered under the provisions of this chapter appears to pose a threat to the health, safety, welfare or comfort of the vehicle's driver(s), passengers or the general public, he shall give the owner of such vehicle not less than ten (10) days' written notice, by certified mail, to appear before him to show cause why the registration of the vehicle should not be revoked or suspended. The notice shall specify the nature of the information received by the police chief, a notice that the failure to respond may result in the suspension or revocation of the vehicle's registration, and shall inform the vehicle's owner that he or she may present information, by witnesses or otherwise, at a hearing. The required notice shall also specify a hearing date, not sooner than ten (10) days following the date of the notice. If, after providing the vehicle's owner with notice and an opportunity to be heard, the police chief determines that the vehicle poses a threat to the health, safety, welfare or comfort of its driver(s), passengers or the general public, the chief may revoke the registration, or if appropriate, may suspend the registration until the offending conditions have been corrected.
(2)
The owner of a vehicle for which a registration is revoked or suspended by the chief of police shall have the right to appeal to the city manager. The suspension or revocation shall remain effective during the pendency of the appeal. This right of appeal must be exercised by contacting the city manager, in writing and within ten (10) calendar days after the date on which the revocation or suspension is ordered, to request a review of the police chief's decision. If no such written notice of appeal is received in the city manager's office within the ten-day period, the appeal shall be denied. Upon timely receipt of a written request to review a decision of the police chief pursuant to this section, the city manager shall schedule a date on which the taxicab owner and the chief of police may appear before him to be heard on the appeal. Unless otherwise agreed by the parties, this hearing shall take place within fourteen (14) calendar days from the date on which the request for an appeal was received by the city manager, and the city manager shall render his decision on the appeal with fourteen (14) calendar days following the hearing.
(3)
The suspension or revocation of any vehicle's registration pursuant to this section shall be in addition to any other penalty allowed and/or imposed for any violation of this chapter.
(5-19-97, § 1; 9-16-02(3))
(a)
No person shall drive a motor vehicle for hire, including any taxicab, in the city until he has been registered by the chief of police, as follows:
(1)
On or before January 1st of each calendar year, or no later than March 1 of the calendar year if the driver was registered with the police during the preceding calendar year, a person who drives, or intends to drive a passenger motor vehicle for hire, including a taxicab, within the city shall apply to the chief of police for a registration.
(2)
Each applicant shall demonstrate to the satisfaction of the chief of police his or her moral and business integrity, ability to safely and legally drive a passenger motor vehicle for hire, including a taxicab, and his knowledge of city traffic laws and ordinances and of the provisions of this chapter. The chief of police shall conduct an investigation with respect to each applicant's application and qualifications.
a.
Each applicant shall state on his application whether he is self-employed or employed by a taxicab or other type of operator. A self-employed applicant shall present a copy of a current business license authorizing him to do business in the city. An applicant employed by an operator shall present a signed statement attesting to such employment.
b.
If the chief of police is satisfied that an applicant meets the requirements of this section and of any regulations promulgated pursuant to section 32-5 of this chapter, and that the applicant is eighteen years of age or older, then registration shall be granted.
(b)
A registration card shall be issued for each driver registered, and shall exhibit the name and a valid mailing address for the driver.
(c)
For drivers' registrations, a fee of ten dollars ($10.00) for the first registration granted to each driver, and five dollars ($5.00) for each driver's annual registration after the first, shall be paid by the driver to the city.
(d)
No person shall permit any passenger motor vehicle for hire, including any taxicab, owned or controlled by him to be driven in the performance of any transportation service in the city by a person who has not been registered by the chief of police as required by this chapter.
(e)
A driver's registration shall be subject to suspension and/or revocation, as follows:
(1)
If the chief of police receives information suggesting that a taxicab driver registered under this chapter may pose a threat to the health, safety, welfare or comfort of passengers or the general public, he shall give such driver not less than ten (10) days' notice, by certified mail, to appear at a hearing to show cause why the driver's registration should not be denied, suspended or revoked. The required notice shall specify the nature of the information received by the police chief, a notice that the failure to respond may result in the denial, suspension or revocation of the driver's registration, and shall inform the driver that he may present information at a hearing, by witnesses or otherwise. The required notice shall also specify a hearing date, not to be sooner than ten (10) days following the date of the notice.
(2)
If, after providing the driver with notice and an opportunity to be heard, the police chief determines that the driver poses a threat to the health, safety, welfare or comfort of passengers or the general public, the police chief may revoke or suspend the registration in question, as may be appropriate under the circumstances.
(3)
The chief of police may revoke any driver's registration for any cause which would have been grounds for refusal of such registration, whether such cause arose before or after the granting of such registration.
(4)
A taxicab driver whose registration is revoked or suspended or an applicant who is denied registration by the chief of police shall have the right to appeal to the city manager, by following the procedure set forth in section 32-2(d)(2) of this article.
(5)
The suspension or revocation of any registration shall be in addition to any other penalty imposed for any violation of this chapter.
(5-19-97, § 1; 9-16-02(3))
Every person operating motor vehicles or taxis for hire within the city shall be required to give a satisfactory bond in the sum of fifty thousand dollars ($50,000.00), to cover any liability that might result to persons or property from such operations; provided, that such bond shall not be required when the owner of such vehicle shall take out and keep in force public liability and property damage insurance in some company authorized to do business in this state on each motor vehicle as follows:
(1)
Twenty thousand dollars ($20,000.00) for loss sustained by the insured by reason of bodily injury to or death of any one person in one accident.
(2)
Forty thousand dollars ($40,000.00) for loss sustained by the insured by reason of bodily injury to or death of more than one person in any one accident.
(3)
Five thousand dollars ($5,000.00) for damages to property of any person other than the insured. Such policies or certificates thereof shall be deposited with the chief of police.
(5-19-97, § 1)
The city manager, with the concurrence of the city council, may make and promulgate such rules and regulations, not in conflict with this chapter, as the manager may deem necessary to control the operation of passenger motor vehicles for hire, including taxicabs.
(5-19-97, § 1)
Every passenger motor vehicle for hire, including every taxicab, driven or used for the transportation of passengers within the city shall be maintained by the owner thereof in a good and safe condition at all times.
(5-19-97, § 1)
(a)
Taxicab. Any motor vehicle with a seating capacity of not more than six (6) passengers used in the performance of a taxicab service.
(b)
Taxicab service. The transportation of passengers by motor vehicle provided for hire or for compensation, not provided on a regular route or between fixed terminals.
(c)
Operator. Any person who, for compensation, sells or offers for sale transportation subject to this chapter, or who makes any contract, agreement or arrangement to provide, procure, furnish or arrange for such transportation, or who holds himself out by advertisement, solicitation or otherwise as one who sells, provides, procures, contracts or arranges for such transportation. The term shall include the person who owns a passenger motor vehicle for hire, including a taxicab, and any agents and/or other representatives of such owner. The term shall not include any bona fide employee driver of an operator so far as concerns transportation furnished, or to be furnished, by the employee driver on behalf of such operator; however, the term shall include the driver of a taxicab if the driver is also the owner of the taxicab.
(d)
Person. Any individual, firm, co-partnership, corporation, company, association or joint-stock association, including, without limitation, any trustee, receiver, assignee or personal representative thereof.
(e)
Chief of police. Wherever used in this chapter, the phrase "chief of police" or "police chief" shall mean and refer to the chief of the Charlottesville Police Department, and/or a police officer designated by the chief to act on his behalf.
(f)
City manager. Wherever used in this chapter, the phrase "city manager" shall mean and refer to the city manager of the City of Charlottesville, and/or a member of the city manager's staff designated by the city manager to act on his behalf.
(5-19-97, § 1)
Every taxicab shall be driven and operated in accordance with the laws of this state, the provisions of this Code and other ordinances of the city, with due regard to the safety, comfort and convenience of passengers and the general public.
(5-19-97, § 1)
(a)
In addition to equipment required of motor vehicles by the Code of Virginia, every taxicab registered pursuant to this chapter, whether driven or operated as a taxicab or not:
(1)
Shall display taxicab vehicle and driver registration cards, which shall face the passengers and be so located as to be at all times in plain view of such passengers.
(2)
Shall be equipped with a heater in good working order sufficient to heat the interior of the taxicab adequately in cold weather.
(3)
Shall be equipped with seat belts for all passengers.
(4)
Shall not be equipped with shades or curtains which can be manipulated in such a way as to shield the occupants or the driver from observation or obstruct the rear-view window.
(5)
Shall be either of the built-for-the-purpose or of the closed or sedan type and shall be equipped with at least two (2) doors for the entrance and exit of passengers, in addition to the doors which give access to the driver's compartment. Passenger doors shall be so constructed that they will remain securely fastened during normal operation, but may be readily opened by a passenger in case of emergency. Each door shall be constructed with a double or safety lock.
(6)
Shall be equipped with approved safety nonshatterable glass in the windshield and all windows. The center partition, if any, between the driver's compartment and the passenger compartment, shall be of this type glass or plastic.
(7)
Shall be equipped with a standard speedometer properly installed, maintained in good working order and exposed to view and properly lighted at night. No taxicab shall be driven or operated in taxicab service while such speedometer is out of repair or disconnected.
(8)
Shall not be equipped with any lights or signal devices except as allowed by the Code of Virginia, as amended.
(9)
Shall be equipped with a taximeter as prescribed by this chapter.
(10)
Shall be equipped with an "on call" sign, to be used when the taxicab is en route to pick up a passenger or awaiting a passenger at a designated place in response to the request of the passenger. This sign shall be visible from the street and placed in the lower right-hand corner of the front windshield or upon the right-hand sun visor.
(11)
Shall be kept in a clean and sanitary condition, and shall be swept and dusted at least once each day. At least once every seven (7) days the interior shall be cleansed thoroughly with suitable antiseptic solution.
(12)
Shall be painted with a distinctive color scheme and insignia, which may be registered with the chief of police.
(13)
Shall have painted on the right-hand side of the exterior thereof, in letters at least three (3) inches in height, the name and telephone number (or a valid mailing address in lieu of the telephone number) of the owner of the vehicle.
(14)
Shall be maintained in a good and safe operating condition at all times.
(15)
Shall be thoroughly and carefully inspected by the owner.
(b)
Once the owner of a taxicab or taxicab fleet has registered a color scheme and insignia, no person shall be permitted to drive or operate under different ownership a taxicab having a color scheme and insignia so similar as to be confusing to the public.
(5-19-97, § 1)
No owner or driver of a taxicab shall permit the vehicle to be used for unlawful purposes or knowingly transport persons therein to places for such purposes.
(5-19-97, § 1)
No taxicab shall be placed upon or occupy a public vehicle taxicab stand except for the purpose of being held forth for hire. Vehicles shall be placed on public stands only at the rear (approach) end and shall be moved toward and to the front of stands immediately if space is available or when space becomes available by the departure or movement of preceding vehicles. When a taxicab stand occupied by the full number of vehicles authorized for such stand, no taxicab shall double park, loiter or wait nearby for the purpose of occupying space on such stand.
(5-19-97, § 1)
Every taxicab, while in operation for the solicitation or transportation of passengers, shall be attended by the driver at all times, except when the driver is actually engaged in loading or unloading or in answering telephones in connection with the business. When not so engaged in soliciting or transporting passengers, the driver thereof shall display in a manner clearly visible from the front of the cab a sign indicating the cab is "off duty."
(5-19-97, § 1)
Every driver of a taxicab, while on duty, shall be clean and neat in dress and in person.
(5-19-97, § 1)
No driver of a taxicab shall have in his possession a lighted cigarette, cigar or pipe when any passenger being carried in his taxicab requests him to extinguish the same. No driver shall engage in chewing tobacco or using snuff when any passenger being carried in his taxicab requests that he not do so.
(5-19-97, § 1)
No driver of any taxicab shall drive, nor shall taxicab owners or their agents require drivers to drive, more than thirteen (13) hours in any consecutive twenty-four-hour period.
(5-19-97, § 1)
(a)
Taxicab drivers shall not stop to load or unload passengers or their belongings in the intersection of any streets or on any crosswalk. No taxicab shall be loaded or unloaded in any manner that will in any way impede or interfere with the orderly flow of traffic on the streets.
(b)
Drivers shall not permit passengers to enter or to leave taxicab from the left side except at the left curb of one-way streets or while parked perpendicular to the curb in places where such parking is permitted.
(5-19-97, § 1)
Drivers shall not permit more persons to be carried in a taxicab at any one (1) time than the seating capacity of the taxicab, as rated by the manufacturer, including the driver but excepting children in arms.
(5-19-97, § 1)
No taxicab driver shall permit more than two (2) persons, in addition to the driver, to ride on the front seat of the taxicab, a child in arms excepted.
(5-19-97, § 1)
Whenever any taxicab is occupied by a passenger, the driver shall not permit any other person, except a paid employee of the taxicab owner being transported for bona fide business purposes, to occupy or ride in such taxicab if the original passenger objects thereto.
(5-19-97, § 1)
No taxicab driver shall transport a nonpaying passenger with a paying passenger, except bona fide officers or employees of the owner, driver trainees, or a police officer engaged in the performance of his duties and unable to obtain other adequate means of transportation.
(5-19-97, § 1)
A taxicab driver shall not deceive or attempt to deceive any passenger who may ride in the driver's taxicab, or who may desire to ride in the taxicab, as to his destination or the rate of fare to be charged. A taxicab driver shall not convey any passenger, or cause him to be conveyed, to a place other than directed by the passenger. In no event shall any taxicab driver take a longer route than is necessary to the passenger's destination than necessary, unless so requested by the passenger.
(5-19-97, § 1)
Taxicab drivers shall not refuse or neglect to transport any orderly person, upon request, unless previously engaged or forbidden by the provisions of this chapter to do so.
(5-19-97, § 1)
All taxicab drivers shall comply with all reasonable and lawful requests of passengers as to the speed of travel and the route to be taken.
(5-19-97, § 1)
Loud talk or calls to and from driver(s) of taxicab(s) is prohibited. The sounding of horns or other mechanical devices for purposes other than lawful traffic signals is prohibited.
(5-19-97, § 1)
No person shall drive a taxicab in the city without being registered by the chief of police as required by section 32-3 of this chapter, and no person shall permit any motor vehicle owned or controlled by him to be used for or in connection with the provision of any taxicab service(s) by or through any person who has not been so registered.
(5-19-97, § 1)
Taximeters of standard make and design, which shall calculate rates on the basis only of each one-fourth mile traveled and certain time elapsed, shall be installed on all taxicabs operating in the city. all taximeters installed pursuant to this section shall be calibrated to the rates which the owner of the taxicab has on file with the chief of police, shall be sealed at all times when the taxi is in operation and shall be subject to inspection by the chief of police at any and all times. such Taximeter shall be operated at all times within the city when anyone is riding in the taxi other than the driver.
(5-19-97, § 1)
(a)
It shall be the policy of the city that taxicab rates shall be established by open market competition. Every person owning or operating taxicabs within the city shall file with the chief of police a schedule of the maximum rates which that person will charge for service within the city. The schedule shall conform to the following format:
(1)
Charge for first one-tenth mile: ____________
(2)
Charge for each additional one-sixth mile: ____________
(3)
Charge for each additional one-sixth mile after ____________ is $ ____________ .
(4)
Charge for waiting time, per minute: ____________
(5)
Charge for each additional minute of waiting time after ____________ is $ ____________ .
(6)
Additional charge per trip between the hours of 10:00 p.m. and 6:00 a.m.: ____________
(7)
Charge for additional passengers: ____________
(8)
Charges for loading of laundry, groceries, luggage or other special services: ____________
(b)
Any owner of a taxicab wishing to change his rate schedule shall file a proposed new schedule with the chief of police at least thirty (30) days before the new schedule may take effect. A notice shall be posted in that owner's vehicle or vehicles indicating that the proposed change has been filed and the proposed effective date. At the end of the thirty-day period the owner may implement the new rates, provided a certificate is obtained from the chief of police indicating that the meter has been changed to reflect accurately the new rates and that the new rates have been displayed on the exterior or interior of the taxicab as required by section 32-93.
(c)
Each owner's filed rates, when effective, shall constitute the maximum charges which the owner or his employee may charge for taxicab service within the city. However, nothing shall prevent an owner or operator from charging less than the rate shown on the meter or offering discounts for elderly or handicapped persons, frequent riders or other classes of customers.
(5-19-97, § 1)
(a)
A card displaying the rates of fare currently on file with the chief of police for each taxicab shall be posted in a prominent place in that taxicab. Such card shall state that the driver may offer to charge less than the amount shown on the meter, but may never charge more than the metered price plus applicable surcharges for night time.
(b)
In addition, the currently filed rate schedule shall be displayed on both sides of the exterior of every cab in letters at least three (3) inches high, in the form prescribed in section 32-92.
(c)
As an alternative to exterior posting of rates, rates may be posted on the interior of each rear door window in letters at least one-eighth inch high, in the form prescribed in section 32-92, so as to be visible from the outside of the vehicle; provided, that any vehicle with rates so posted must be equipped with horizontally and vertically adjustable outside rear view mirrors installed on both sides of such vehicle in such a manner as to provide the driver a rearward view along both sides of the vehicle for a distance of at least two hundred (200) feet.
(5-19-97, § 1)
In cases where more than one passenger enters a taxicab at the same time bound for different destinations, the fare shall be as follows: Whenever a passenger gets out and pays the fare, the meter shall be reset upon that passenger's departure, but when passengers getting out do not pay the fare, the fare shall be paid by the last passenger delivered.
(5-19-97, § 1)
It shall be unlawful for any person to refuse or fail to pay any Taxicab fare charged under the provisions of this division.
(5-19-97, § 1)
It shall be the duty of a taxicab driver to give any passenger so requesting a receipt in writing signed by the driver and showing the driver's registration number, the taxicab number, meter number, items for which a charge is made, the amount paid and the time and date.
(5-19-97, § 1)
(a)
The fares for the city transit bus system shall be set or reaffirmed annually by the city manager with city council authorization as part of the annual budget process.
(b)
The city manager is hereby authorized to promulgate regulations to provide a system of identification for riders with disabilities eligible for reduced fares.
(5-19-97, § 1)
(a)
Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a misdemeanor, and upon conviction of such a violation a person shall be fined not more than one hundred dollars ($100.00) for the first offense and not more than five hundred dollars ($500.00) for each subsequent offense.
(b)
The chief of police or a police officer duly designated by him shall investigate all complaints of violations of this chapter and shall maintain records of all such complaints and investigations.
(5-19-97, § 1)
(a)
All passenger motor vehicles for hire, including all taxicabs, operating within the city or which have a terminal within the city shall be registered by the owner with the chief of police, as follows:
(1)
On or before January 1st of each calendar year, or no later than March 1 of the calendar year if a vehicle was registered with the police during the preceding calendar year, the vehicle's owner shall apply to the chief of police for registration of the vehicle. The applicant shall state whether the vehicle will be driven solely by the applicant, will be leased to or otherwise utilized by another operator, or will be driven by employees of the applicant. The applicant shall present a copy of a current business license issued by the commissioner of revenue authorizing the applicant to do business in the city.
(2)
The chief of police shall conduct an investigation with respect to the vehicle and the matters set forth within the application for its registration, for the purpose of determining whether or not the vehicle poses any threat to the health, safety, welfare or comfort of the vehicle's driver(s), passengers, or the general public.
(3)
If the vehicle proposed for registration meets the requirements of any regulations promulgated pursuant to section 32-5 of this chapter, meets the requirements set forth in section 32-38 hereof, if applicable, and does not pose a threat to the health, safety, welfare or comfort of its driver(s), passengers or the general public, registration shall be granted.
(b)
A registration card shall be issued for each vehicle registered. The registration card shall exhibit the name and a valid mailing address of the vehicle's owner, and shall be conspicuously posted inside the vehicle.
(c)
For vehicle registration, a fee of ten dollars ($10.00) for the first vehicle and five dollars ($5.00) for each additional vehicle registered in the same registration period shall be paid to the city.
(d)
Any vehicle's registration under this chapter shall be subject to revocation, as follows:
(1)
If the chief of police receives information that a passenger motor vehicle for hire, including any taxicab, registered under the provisions of this chapter appears to pose a threat to the health, safety, welfare or comfort of the vehicle's driver(s), passengers or the general public, he shall give the owner of such vehicle not less than ten (10) days' written notice, by certified mail, to appear before him to show cause why the registration of the vehicle should not be revoked or suspended. The notice shall specify the nature of the information received by the police chief, a notice that the failure to respond may result in the suspension or revocation of the vehicle's registration, and shall inform the vehicle's owner that he or she may present information, by witnesses or otherwise, at a hearing. The required notice shall also specify a hearing date, not sooner than ten (10) days following the date of the notice. If, after providing the vehicle's owner with notice and an opportunity to be heard, the police chief determines that the vehicle poses a threat to the health, safety, welfare or comfort of its driver(s), passengers or the general public, the chief may revoke the registration, or if appropriate, may suspend the registration until the offending conditions have been corrected.
(2)
The owner of a vehicle for which a registration is revoked or suspended by the chief of police shall have the right to appeal to the city manager. The suspension or revocation shall remain effective during the pendency of the appeal. This right of appeal must be exercised by contacting the city manager, in writing and within ten (10) calendar days after the date on which the revocation or suspension is ordered, to request a review of the police chief's decision. If no such written notice of appeal is received in the city manager's office within the ten-day period, the appeal shall be denied. Upon timely receipt of a written request to review a decision of the police chief pursuant to this section, the city manager shall schedule a date on which the taxicab owner and the chief of police may appear before him to be heard on the appeal. Unless otherwise agreed by the parties, this hearing shall take place within fourteen (14) calendar days from the date on which the request for an appeal was received by the city manager, and the city manager shall render his decision on the appeal with fourteen (14) calendar days following the hearing.
(3)
The suspension or revocation of any vehicle's registration pursuant to this section shall be in addition to any other penalty allowed and/or imposed for any violation of this chapter.
(5-19-97, § 1; 9-16-02(3))
(a)
No person shall drive a motor vehicle for hire, including any taxicab, in the city until he has been registered by the chief of police, as follows:
(1)
On or before January 1st of each calendar year, or no later than March 1 of the calendar year if the driver was registered with the police during the preceding calendar year, a person who drives, or intends to drive a passenger motor vehicle for hire, including a taxicab, within the city shall apply to the chief of police for a registration.
(2)
Each applicant shall demonstrate to the satisfaction of the chief of police his or her moral and business integrity, ability to safely and legally drive a passenger motor vehicle for hire, including a taxicab, and his knowledge of city traffic laws and ordinances and of the provisions of this chapter. The chief of police shall conduct an investigation with respect to each applicant's application and qualifications.
a.
Each applicant shall state on his application whether he is self-employed or employed by a taxicab or other type of operator. A self-employed applicant shall present a copy of a current business license authorizing him to do business in the city. An applicant employed by an operator shall present a signed statement attesting to such employment.
b.
If the chief of police is satisfied that an applicant meets the requirements of this section and of any regulations promulgated pursuant to section 32-5 of this chapter, and that the applicant is eighteen years of age or older, then registration shall be granted.
(b)
A registration card shall be issued for each driver registered, and shall exhibit the name and a valid mailing address for the driver.
(c)
For drivers' registrations, a fee of ten dollars ($10.00) for the first registration granted to each driver, and five dollars ($5.00) for each driver's annual registration after the first, shall be paid by the driver to the city.
(d)
No person shall permit any passenger motor vehicle for hire, including any taxicab, owned or controlled by him to be driven in the performance of any transportation service in the city by a person who has not been registered by the chief of police as required by this chapter.
(e)
A driver's registration shall be subject to suspension and/or revocation, as follows:
(1)
If the chief of police receives information suggesting that a taxicab driver registered under this chapter may pose a threat to the health, safety, welfare or comfort of passengers or the general public, he shall give such driver not less than ten (10) days' notice, by certified mail, to appear at a hearing to show cause why the driver's registration should not be denied, suspended or revoked. The required notice shall specify the nature of the information received by the police chief, a notice that the failure to respond may result in the denial, suspension or revocation of the driver's registration, and shall inform the driver that he may present information at a hearing, by witnesses or otherwise. The required notice shall also specify a hearing date, not to be sooner than ten (10) days following the date of the notice.
(2)
If, after providing the driver with notice and an opportunity to be heard, the police chief determines that the driver poses a threat to the health, safety, welfare or comfort of passengers or the general public, the police chief may revoke or suspend the registration in question, as may be appropriate under the circumstances.
(3)
The chief of police may revoke any driver's registration for any cause which would have been grounds for refusal of such registration, whether such cause arose before or after the granting of such registration.
(4)
A taxicab driver whose registration is revoked or suspended or an applicant who is denied registration by the chief of police shall have the right to appeal to the city manager, by following the procedure set forth in section 32-2(d)(2) of this article.
(5)
The suspension or revocation of any registration shall be in addition to any other penalty imposed for any violation of this chapter.
(5-19-97, § 1; 9-16-02(3))
Every person operating motor vehicles or taxis for hire within the city shall be required to give a satisfactory bond in the sum of fifty thousand dollars ($50,000.00), to cover any liability that might result to persons or property from such operations; provided, that such bond shall not be required when the owner of such vehicle shall take out and keep in force public liability and property damage insurance in some company authorized to do business in this state on each motor vehicle as follows:
(1)
Twenty thousand dollars ($20,000.00) for loss sustained by the insured by reason of bodily injury to or death of any one person in one accident.
(2)
Forty thousand dollars ($40,000.00) for loss sustained by the insured by reason of bodily injury to or death of more than one person in any one accident.
(3)
Five thousand dollars ($5,000.00) for damages to property of any person other than the insured. Such policies or certificates thereof shall be deposited with the chief of police.
(5-19-97, § 1)
The city manager, with the concurrence of the city council, may make and promulgate such rules and regulations, not in conflict with this chapter, as the manager may deem necessary to control the operation of passenger motor vehicles for hire, including taxicabs.
(5-19-97, § 1)
Every passenger motor vehicle for hire, including every taxicab, driven or used for the transportation of passengers within the city shall be maintained by the owner thereof in a good and safe condition at all times.
(5-19-97, § 1)
(a)
Taxicab. Any motor vehicle with a seating capacity of not more than six (6) passengers used in the performance of a taxicab service.
(b)
Taxicab service. The transportation of passengers by motor vehicle provided for hire or for compensation, not provided on a regular route or between fixed terminals.
(c)
Operator. Any person who, for compensation, sells or offers for sale transportation subject to this chapter, or who makes any contract, agreement or arrangement to provide, procure, furnish or arrange for such transportation, or who holds himself out by advertisement, solicitation or otherwise as one who sells, provides, procures, contracts or arranges for such transportation. The term shall include the person who owns a passenger motor vehicle for hire, including a taxicab, and any agents and/or other representatives of such owner. The term shall not include any bona fide employee driver of an operator so far as concerns transportation furnished, or to be furnished, by the employee driver on behalf of such operator; however, the term shall include the driver of a taxicab if the driver is also the owner of the taxicab.
(d)
Person. Any individual, firm, co-partnership, corporation, company, association or joint-stock association, including, without limitation, any trustee, receiver, assignee or personal representative thereof.
(e)
Chief of police. Wherever used in this chapter, the phrase "chief of police" or "police chief" shall mean and refer to the chief of the Charlottesville Police Department, and/or a police officer designated by the chief to act on his behalf.
(f)
City manager. Wherever used in this chapter, the phrase "city manager" shall mean and refer to the city manager of the City of Charlottesville, and/or a member of the city manager's staff designated by the city manager to act on his behalf.
(5-19-97, § 1)
Every taxicab shall be driven and operated in accordance with the laws of this state, the provisions of this Code and other ordinances of the city, with due regard to the safety, comfort and convenience of passengers and the general public.
(5-19-97, § 1)
(a)
In addition to equipment required of motor vehicles by the Code of Virginia, every taxicab registered pursuant to this chapter, whether driven or operated as a taxicab or not:
(1)
Shall display taxicab vehicle and driver registration cards, which shall face the passengers and be so located as to be at all times in plain view of such passengers.
(2)
Shall be equipped with a heater in good working order sufficient to heat the interior of the taxicab adequately in cold weather.
(3)
Shall be equipped with seat belts for all passengers.
(4)
Shall not be equipped with shades or curtains which can be manipulated in such a way as to shield the occupants or the driver from observation or obstruct the rear-view window.
(5)
Shall be either of the built-for-the-purpose or of the closed or sedan type and shall be equipped with at least two (2) doors for the entrance and exit of passengers, in addition to the doors which give access to the driver's compartment. Passenger doors shall be so constructed that they will remain securely fastened during normal operation, but may be readily opened by a passenger in case of emergency. Each door shall be constructed with a double or safety lock.
(6)
Shall be equipped with approved safety nonshatterable glass in the windshield and all windows. The center partition, if any, between the driver's compartment and the passenger compartment, shall be of this type glass or plastic.
(7)
Shall be equipped with a standard speedometer properly installed, maintained in good working order and exposed to view and properly lighted at night. No taxicab shall be driven or operated in taxicab service while such speedometer is out of repair or disconnected.
(8)
Shall not be equipped with any lights or signal devices except as allowed by the Code of Virginia, as amended.
(9)
Shall be equipped with a taximeter as prescribed by this chapter.
(10)
Shall be equipped with an "on call" sign, to be used when the taxicab is en route to pick up a passenger or awaiting a passenger at a designated place in response to the request of the passenger. This sign shall be visible from the street and placed in the lower right-hand corner of the front windshield or upon the right-hand sun visor.
(11)
Shall be kept in a clean and sanitary condition, and shall be swept and dusted at least once each day. At least once every seven (7) days the interior shall be cleansed thoroughly with suitable antiseptic solution.
(12)
Shall be painted with a distinctive color scheme and insignia, which may be registered with the chief of police.
(13)
Shall have painted on the right-hand side of the exterior thereof, in letters at least three (3) inches in height, the name and telephone number (or a valid mailing address in lieu of the telephone number) of the owner of the vehicle.
(14)
Shall be maintained in a good and safe operating condition at all times.
(15)
Shall be thoroughly and carefully inspected by the owner.
(b)
Once the owner of a taxicab or taxicab fleet has registered a color scheme and insignia, no person shall be permitted to drive or operate under different ownership a taxicab having a color scheme and insignia so similar as to be confusing to the public.
(5-19-97, § 1)
No owner or driver of a taxicab shall permit the vehicle to be used for unlawful purposes or knowingly transport persons therein to places for such purposes.
(5-19-97, § 1)
No taxicab shall be placed upon or occupy a public vehicle taxicab stand except for the purpose of being held forth for hire. Vehicles shall be placed on public stands only at the rear (approach) end and shall be moved toward and to the front of stands immediately if space is available or when space becomes available by the departure or movement of preceding vehicles. When a taxicab stand occupied by the full number of vehicles authorized for such stand, no taxicab shall double park, loiter or wait nearby for the purpose of occupying space on such stand.
(5-19-97, § 1)
Every taxicab, while in operation for the solicitation or transportation of passengers, shall be attended by the driver at all times, except when the driver is actually engaged in loading or unloading or in answering telephones in connection with the business. When not so engaged in soliciting or transporting passengers, the driver thereof shall display in a manner clearly visible from the front of the cab a sign indicating the cab is "off duty."
(5-19-97, § 1)
Every driver of a taxicab, while on duty, shall be clean and neat in dress and in person.
(5-19-97, § 1)
No driver of a taxicab shall have in his possession a lighted cigarette, cigar or pipe when any passenger being carried in his taxicab requests him to extinguish the same. No driver shall engage in chewing tobacco or using snuff when any passenger being carried in his taxicab requests that he not do so.
(5-19-97, § 1)
No driver of any taxicab shall drive, nor shall taxicab owners or their agents require drivers to drive, more than thirteen (13) hours in any consecutive twenty-four-hour period.
(5-19-97, § 1)
(a)
Taxicab drivers shall not stop to load or unload passengers or their belongings in the intersection of any streets or on any crosswalk. No taxicab shall be loaded or unloaded in any manner that will in any way impede or interfere with the orderly flow of traffic on the streets.
(b)
Drivers shall not permit passengers to enter or to leave taxicab from the left side except at the left curb of one-way streets or while parked perpendicular to the curb in places where such parking is permitted.
(5-19-97, § 1)
Drivers shall not permit more persons to be carried in a taxicab at any one (1) time than the seating capacity of the taxicab, as rated by the manufacturer, including the driver but excepting children in arms.
(5-19-97, § 1)
No taxicab driver shall permit more than two (2) persons, in addition to the driver, to ride on the front seat of the taxicab, a child in arms excepted.
(5-19-97, § 1)
Whenever any taxicab is occupied by a passenger, the driver shall not permit any other person, except a paid employee of the taxicab owner being transported for bona fide business purposes, to occupy or ride in such taxicab if the original passenger objects thereto.
(5-19-97, § 1)
No taxicab driver shall transport a nonpaying passenger with a paying passenger, except bona fide officers or employees of the owner, driver trainees, or a police officer engaged in the performance of his duties and unable to obtain other adequate means of transportation.
(5-19-97, § 1)
A taxicab driver shall not deceive or attempt to deceive any passenger who may ride in the driver's taxicab, or who may desire to ride in the taxicab, as to his destination or the rate of fare to be charged. A taxicab driver shall not convey any passenger, or cause him to be conveyed, to a place other than directed by the passenger. In no event shall any taxicab driver take a longer route than is necessary to the passenger's destination than necessary, unless so requested by the passenger.
(5-19-97, § 1)
Taxicab drivers shall not refuse or neglect to transport any orderly person, upon request, unless previously engaged or forbidden by the provisions of this chapter to do so.
(5-19-97, § 1)
All taxicab drivers shall comply with all reasonable and lawful requests of passengers as to the speed of travel and the route to be taken.
(5-19-97, § 1)
Loud talk or calls to and from driver(s) of taxicab(s) is prohibited. The sounding of horns or other mechanical devices for purposes other than lawful traffic signals is prohibited.
(5-19-97, § 1)
No person shall drive a taxicab in the city without being registered by the chief of police as required by section 32-3 of this chapter, and no person shall permit any motor vehicle owned or controlled by him to be used for or in connection with the provision of any taxicab service(s) by or through any person who has not been so registered.
(5-19-97, § 1)
Taximeters of standard make and design, which shall calculate rates on the basis only of each one-fourth mile traveled and certain time elapsed, shall be installed on all taxicabs operating in the city. all taximeters installed pursuant to this section shall be calibrated to the rates which the owner of the taxicab has on file with the chief of police, shall be sealed at all times when the taxi is in operation and shall be subject to inspection by the chief of police at any and all times. such Taximeter shall be operated at all times within the city when anyone is riding in the taxi other than the driver.
(5-19-97, § 1)
(a)
It shall be the policy of the city that taxicab rates shall be established by open market competition. Every person owning or operating taxicabs within the city shall file with the chief of police a schedule of the maximum rates which that person will charge for service within the city. The schedule shall conform to the following format:
(1)
Charge for first one-tenth mile: ____________
(2)
Charge for each additional one-sixth mile: ____________
(3)
Charge for each additional one-sixth mile after ____________ is $ ____________ .
(4)
Charge for waiting time, per minute: ____________
(5)
Charge for each additional minute of waiting time after ____________ is $ ____________ .
(6)
Additional charge per trip between the hours of 10:00 p.m. and 6:00 a.m.: ____________
(7)
Charge for additional passengers: ____________
(8)
Charges for loading of laundry, groceries, luggage or other special services: ____________
(b)
Any owner of a taxicab wishing to change his rate schedule shall file a proposed new schedule with the chief of police at least thirty (30) days before the new schedule may take effect. A notice shall be posted in that owner's vehicle or vehicles indicating that the proposed change has been filed and the proposed effective date. At the end of the thirty-day period the owner may implement the new rates, provided a certificate is obtained from the chief of police indicating that the meter has been changed to reflect accurately the new rates and that the new rates have been displayed on the exterior or interior of the taxicab as required by section 32-93.
(c)
Each owner's filed rates, when effective, shall constitute the maximum charges which the owner or his employee may charge for taxicab service within the city. However, nothing shall prevent an owner or operator from charging less than the rate shown on the meter or offering discounts for elderly or handicapped persons, frequent riders or other classes of customers.
(5-19-97, § 1)
(a)
A card displaying the rates of fare currently on file with the chief of police for each taxicab shall be posted in a prominent place in that taxicab. Such card shall state that the driver may offer to charge less than the amount shown on the meter, but may never charge more than the metered price plus applicable surcharges for night time.
(b)
In addition, the currently filed rate schedule shall be displayed on both sides of the exterior of every cab in letters at least three (3) inches high, in the form prescribed in section 32-92.
(c)
As an alternative to exterior posting of rates, rates may be posted on the interior of each rear door window in letters at least one-eighth inch high, in the form prescribed in section 32-92, so as to be visible from the outside of the vehicle; provided, that any vehicle with rates so posted must be equipped with horizontally and vertically adjustable outside rear view mirrors installed on both sides of such vehicle in such a manner as to provide the driver a rearward view along both sides of the vehicle for a distance of at least two hundred (200) feet.
(5-19-97, § 1)
In cases where more than one passenger enters a taxicab at the same time bound for different destinations, the fare shall be as follows: Whenever a passenger gets out and pays the fare, the meter shall be reset upon that passenger's departure, but when passengers getting out do not pay the fare, the fare shall be paid by the last passenger delivered.
(5-19-97, § 1)
It shall be unlawful for any person to refuse or fail to pay any Taxicab fare charged under the provisions of this division.
(5-19-97, § 1)
It shall be the duty of a taxicab driver to give any passenger so requesting a receipt in writing signed by the driver and showing the driver's registration number, the taxicab number, meter number, items for which a charge is made, the amount paid and the time and date.
(5-19-97, § 1)
(a)
The fares for the city transit bus system shall be set or reaffirmed annually by the city manager with city council authorization as part of the annual budget process.
(b)
The city manager is hereby authorized to promulgate regulations to provide a system of identification for riders with disabilities eligible for reduced fares.
(5-19-97, § 1)
Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 1 misdemeanor.
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
(a)
No person shall engage in the business of selling firearms, dirks or bowie knives without having first procured an annual permit from the city manager to engage in such business. Such permit shall be used by such person in applying for his business license under chapter 14 of this Code.
(b)
The city manager shall refuse to grant a permit under this section to any person who:
(1)
Is not of good moral repute or character; or
(2)
Has been convicted in any court of record of a crime of violence or of a crime involving moral turpitude; or
(3)
Is a drug addict, habitual drunkard or mentally incompetent; or
(4)
Has been convicted of the sale of firearms, dirks or bowie knives without a permit authorizing such sale.
(Code 1976, § 17-36)
Every person holding a permit under section 33-2 shall keep a record of the purchase or sale of each firearm, dirk or bowie knife, with the date of purchase or sale, the name of the purchaser or seller and a description of the firearm, dirk or bowie knife purchased or sold. This record shall be open to officials of the city and to all law-enforcement officers. Dealers shall report all sales of firearms, dirks or bowie knives to the chief of police monthly, giving names and addresses of purchasers.
(Code 1976, § 17-37)
(a)
No person shall sell, barter, give or furnish, or cause to be sold, bartered, given or furnished, to any minor under eighteen (18) years of age, firearms, cartridges, dirks, switch-blade knives or bowie knives, having good cause to believe such minor to be under eighteen (18) years of age.
(b)
Any person violating this section shall be guilty of a Class 4 misdemeanor.
(Code 1976, § 17-35)
Cross reference— Penalty for Class 4 misdemeanor, § 1-11.
State Law reference— Similar provisions, Code of Virginia, § 18.2-309.
(a)
It shall be unlawful for any person to carry about his person, hidden from common observation:
(1)
Any pistol, revolver or other weapon designed or intended to propel a missile of any kind.
(2)
Any dirk, bowie knife, switchblade knife, razor, slingshot, metal knucks or blackjack.
(3)
Any ballistic knife or spring stick, as defined in Code of Virginia, section 18.2-308.
(4)
Any flailing instrument consisting of two (2) or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nunchuck, nunchaku, shuriken or fighting chain.
(5)
Any disc, of whatever configuration, having at least two (2) points or pointed blades, which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart.
(6)
Any weapon of like kind as those enumerated in this subsection.
(b)
For the purposes of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature.
(c)
Any weapon carried in violation of this section shall be forfeited to the city and may be seized by an officer as forfeited, and such as may be needed for police officers, conservators of the peace, and the state division of forensic science shall be devoted to that purpose, and the remainder shall be destroyed by the officer having it in charge.
(d)
This section shall not apply to:
(1)
Any person while in his own place of abode or curtilage thereof.
(2)
Any police officer, sergeant, sheriff, deputy sheriff or regular game warden appointed pursuant to Code of Virginia, chapter 2 of title 29.1 (section 29.1-200 et seq.).
(3)
Any regularly enrolled member of a target-shooting organization who is at, or going to or from, an established shooting range, provided that the weapons are unloaded and securely wrapped while being transported.
(4)
Any regularly enrolled member of a weapons collecting organization who is at, or going to or from, a bona fide weapons exhibition, provided that the weapons are unloaded and securely wrapped while being transported.
(5)
Any person carrying such weapons between his place of abode and a place of purchase or repair, provided the weapons are unloaded and securely wrapped while being transported.
(6)
Campus police officers appointed pursuant to Code of Virginia, chapter 17 of title 23 (section 23-232 et seq.).
(7)
Any person actually engaged in lawful hunting, as authorized by the state board of game and inland fisheries, under inclement weather conditions necessitating temporary protection of his firearm from those conditions.
(8)
Any person holding a valid permit to carry such weapon issued pursuant to Code of Virgina, section 18.2-308.
(e)
This section shall also not apply to any of the following individuals while in the discharge of their official duties or while in transit to or from such duties:
(1)
Carriers of the United States mail in rural districts.
(2)
Officers or guards of any state correctional institution.
(3)
Conservators of the peace, except that the following conservators of the peace shall not be permitted to carry a concealed weapon without obtaining a permit pursuant to Code of Virginia, section 18.2-308:
a.
Notaries public.
b.
Registrars.
c.
Drivers, operators or other persons in charge of any motor vehicle carrier of passengers for hire.
d.
Commissioners in chancery.
(4)
Noncustodial employees of the state department of corrections designated to carry weapons by the director of the state department of corrections pursuant to Code of Virginia, section 53.1-29.
(5)
Law-enforcement agents of the armed forces of the United States and federal agents who are otherwise authorized to carry weapons by federal law while engaged in the performance of their duties.
(Code 1976, § 17-33)
Charter reference— Authority of council to regulate or prohibit carrying of concealed weapons, § 14(10).
State Law reference— Similar provisions, Code of Virginia, § 18.2-308.
No person shall wilfully discharge or cause to be discharged any firearm within the city; provided, that this section shall not apply to any law enforcement officer in the performance of his official duties, nor to any other person whose wilful act is otherwise justifiable or excusable at law in the protection of his life or property, or is otherwise specifically authorized by law; provided further, that this section shall not apply to any person shooting in licensed shooting galleries or shooting inside a building on a shooting range so constructed as to prevent the shot, projectile or other missile which has been fired from escaping or ricocheting.
(Code 1976, § 17-32)
State Law reference— Authority of city to regulate or prohibit discharge of firearms, Code of Virginia, § 15.1-865.
(a)
No person shall discharge anywhere within the city shot, gravel, bullets or other similar substances from a sling shot or similar implement.
(b)
Pneumatic guns.
(1)
As used in this section, "pneumatic gun" means any implement, designed as a gun, that will expel a BB or a pellet by action of pneumatic pressure. "Pneumatic gun" includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.
(2)
Pneumatic guns may be discharged only at facilities approved for shooting ranges, or on or within private property with permission of the owner or legal possessor. Use thereof must be conducted with reasonable care to prevent a projectile from crossing the bounds of the property. "Reasonable care" means that the gun is being discharged so that the projectile will be contained on the property by a backstop, earthen embankment, fence or other physical barrier. The discharge of projectiles across or over the bounds of the property shall create the rebuttable presumption that the use of the pneumatic gun was not conducted with reasonable care. Minors may use such implements only under the following conditions:
(i)
Minors under the age of sixteen (16) must be supervised by a parent, guardian, or other adult supervisor approved by a parent or guardian and shall be responsible for obeying all laws, regulations, and restrictions governing the use thereof.
(ii)
Minors sixteen (16) years of age and older must have the written consent of a parent or guardian and shall be responsible for obeying all laws, regulations and restrictions governing the use thereof.
(iii)
Training of minors in the use of pneumatic guns shall be done only under direct supervision of a parent, guardian, junior reserve officers training corps instructor, or a certified instructor. Training of minors above the age of sixteen (16) may also be done without direct supervision if approved by the minor's instructor, with the permission of and under the responsibility of a parent or guardian, and in compliance with all requirements of this section. Ranges and instructors may be certified by the National Rifle Association, a state or federal agency that has developed a certification program, any service of the Department of Defense, or any person authorized by these authorities to certify ranges and instructors.
(3)
Commercial or private areas designated for use of pneumatic paintball guns may be established and operated for recreational use in areas where such facilities are permitted by the city's zoning ordinance. Equipment designed to protect the face and ears shall be provided to participants at such recreational areas, and signs must be posted to warn against entry into the paintball area by persons who are unprotected or unaware that paintball guns are in use.
(c)
A violation of this section shall constitute a class 3 misdemeanor.
(8-21-17)
Editor's note— An ordinance adopted Aug. 21, 2017, amended § 33-7 to read as herein set out. Former § 33-7 pertained to discharge of bows and arrows, pneumatic guns, etc., and derived from Code 1976, § 17-34; and an ordinance adopted Nov. 7, 2011.
State Law reference— Code of Virginia, § 15.2-915.4.
It shall be unlawful for any person to throw stones, sticks or other dangerous missiles in or into any street or other public place.
(Code 1976, § 17-14)
(a)
For the purposes of this section, "bow" includes all compound bows, crossbows, slingbows, longbows, and recurve bows having a peak draw weight of ten (10) pounds or more. The term "bow" does not include bows that have a peak draw weight of less than ten (10) pounds or that are designed or intended to be used principally as toys. The term "arrow" means a shaft-like projectile intended to be shot from a bow.
(b)
No person shall discharge an arrow from a bow in a manner that can be reasonably expected to result in the impact of the arrow upon the property of another without permission from the owner or tenant of such property. The discharge of an arrow across or over the boundaries of a property for which no permission has been given by the property owner shall create a rebuttable presumption that the use of the bow was not conducted with reasonable care.
(c)
No person shall discharge an arrow from a bow from, over, across or into any street, sidewalk, alley, roadway, public land or public place, or towards any building or dwelling in such a manner that the arrow may strike it.
(d)
No person shall hunt with a bow within the city except as authorized in this section.
(e)
Deer may be hunted with bows within the city in accordance with this subsection. Any such hunting activity shall be subject to the following conditions:
(1)
All hunting and compliance with the provisions of this subsection shall be subject to the supervision of the chief of police;
(2)
Hunting is permitted only during applicable hunting seasons designated by the state department of game and inland fisheries.
(3)
Hunters must abide by all applicable provisions of state law and state hunting regulations, including but not limited to licensing requirements.
(4)
Hunting with bows is permitted only on residential parcels which consist of one-half (0.5) acre or more. Hunting with bows is prohibited in all other areas within the city.
(5)
It is unlawful to hunt except from a stand elevated a minimum of ten (10) feet above the ground.
(6)
The property owner must obtain an annual urban archery permit from the police department. The police department shall issue the annual urban archery permit at no cost to the property owner upon application by the property owner meeting all requirements of this section. The property owner shall provide written notice to all occupants of the property before obtaining the permit.
(7)
The hunter must obtain written permission from the property owner before hunting and shall carry a copy of the written permission and a copy of the urban archery hunting permit issued to the property owner at all times while hunting.
(8)
No person shall discharge an arrow from a bow within one hundred fifty (150) feet of the property line of any school or city park.
(9)
The hunter is responsible for the appropriate disposition of the deer carcass.
(10)
If a deer which has been shot with an arrow leaves the property on which the hunter has permission to hunt, the hunter shall obtain permission from any property owner over which he or she must travel to pursue or retrieve the deer.
(11)
No person shall hunt deer in the city by use of a dog or dogs.
(f)
Any person who violates the provisions of this section shall be guilty of a Class 3 misdemeanor.
(8-21-17)
State Law reference— Code of Virginia § 15.2-916, defining the terms "bow" and "arrow" and authorizing local ordinances prohibition on certain uses thereof; Code of Virginia § 18.2-286, prohibiting the discharge of bows in the road or right-of-way; Code of Virginia § 29.1-528.1, authorizing urban archery hunting.
Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 1 misdemeanor.
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
(a)
No person shall engage in the business of selling firearms, dirks or bowie knives without having first procured an annual permit from the city manager to engage in such business. Such permit shall be used by such person in applying for his business license under chapter 14 of this Code.
(b)
The city manager shall refuse to grant a permit under this section to any person who:
(1)
Is not of good moral repute or character; or
(2)
Has been convicted in any court of record of a crime of violence or of a crime involving moral turpitude; or
(3)
Is a drug addict, habitual drunkard or mentally incompetent; or
(4)
Has been convicted of the sale of firearms, dirks or bowie knives without a permit authorizing such sale.
(Code 1976, § 17-36)
Every person holding a permit under section 33-2 shall keep a record of the purchase or sale of each firearm, dirk or bowie knife, with the date of purchase or sale, the name of the purchaser or seller and a description of the firearm, dirk or bowie knife purchased or sold. This record shall be open to officials of the city and to all law-enforcement officers. Dealers shall report all sales of firearms, dirks or bowie knives to the chief of police monthly, giving names and addresses of purchasers.
(Code 1976, § 17-37)
(a)
No person shall sell, barter, give or furnish, or cause to be sold, bartered, given or furnished, to any minor under eighteen (18) years of age, firearms, cartridges, dirks, switch-blade knives or bowie knives, having good cause to believe such minor to be under eighteen (18) years of age.
(b)
Any person violating this section shall be guilty of a Class 4 misdemeanor.
(Code 1976, § 17-35)
Cross reference— Penalty for Class 4 misdemeanor, § 1-11.
State Law reference— Similar provisions, Code of Virginia, § 18.2-309.
(a)
It shall be unlawful for any person to carry about his person, hidden from common observation:
(1)
Any pistol, revolver or other weapon designed or intended to propel a missile of any kind.
(2)
Any dirk, bowie knife, switchblade knife, razor, slingshot, metal knucks or blackjack.
(3)
Any ballistic knife or spring stick, as defined in Code of Virginia, section 18.2-308.
(4)
Any flailing instrument consisting of two (2) or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nunchuck, nunchaku, shuriken or fighting chain.
(5)
Any disc, of whatever configuration, having at least two (2) points or pointed blades, which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart.
(6)
Any weapon of like kind as those enumerated in this subsection.
(b)
For the purposes of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature.
(c)
Any weapon carried in violation of this section shall be forfeited to the city and may be seized by an officer as forfeited, and such as may be needed for police officers, conservators of the peace, and the state division of forensic science shall be devoted to that purpose, and the remainder shall be destroyed by the officer having it in charge.
(d)
This section shall not apply to:
(1)
Any person while in his own place of abode or curtilage thereof.
(2)
Any police officer, sergeant, sheriff, deputy sheriff or regular game warden appointed pursuant to Code of Virginia, chapter 2 of title 29.1 (section 29.1-200 et seq.).
(3)
Any regularly enrolled member of a target-shooting organization who is at, or going to or from, an established shooting range, provided that the weapons are unloaded and securely wrapped while being transported.
(4)
Any regularly enrolled member of a weapons collecting organization who is at, or going to or from, a bona fide weapons exhibition, provided that the weapons are unloaded and securely wrapped while being transported.
(5)
Any person carrying such weapons between his place of abode and a place of purchase or repair, provided the weapons are unloaded and securely wrapped while being transported.
(6)
Campus police officers appointed pursuant to Code of Virginia, chapter 17 of title 23 (section 23-232 et seq.).
(7)
Any person actually engaged in lawful hunting, as authorized by the state board of game and inland fisheries, under inclement weather conditions necessitating temporary protection of his firearm from those conditions.
(8)
Any person holding a valid permit to carry such weapon issued pursuant to Code of Virgina, section 18.2-308.
(e)
This section shall also not apply to any of the following individuals while in the discharge of their official duties or while in transit to or from such duties:
(1)
Carriers of the United States mail in rural districts.
(2)
Officers or guards of any state correctional institution.
(3)
Conservators of the peace, except that the following conservators of the peace shall not be permitted to carry a concealed weapon without obtaining a permit pursuant to Code of Virginia, section 18.2-308:
a.
Notaries public.
b.
Registrars.
c.
Drivers, operators or other persons in charge of any motor vehicle carrier of passengers for hire.
d.
Commissioners in chancery.
(4)
Noncustodial employees of the state department of corrections designated to carry weapons by the director of the state department of corrections pursuant to Code of Virginia, section 53.1-29.
(5)
Law-enforcement agents of the armed forces of the United States and federal agents who are otherwise authorized to carry weapons by federal law while engaged in the performance of their duties.
(Code 1976, § 17-33)
Charter reference— Authority of council to regulate or prohibit carrying of concealed weapons, § 14(10).
State Law reference— Similar provisions, Code of Virginia, § 18.2-308.
No person shall wilfully discharge or cause to be discharged any firearm within the city; provided, that this section shall not apply to any law enforcement officer in the performance of his official duties, nor to any other person whose wilful act is otherwise justifiable or excusable at law in the protection of his life or property, or is otherwise specifically authorized by law; provided further, that this section shall not apply to any person shooting in licensed shooting galleries or shooting inside a building on a shooting range so constructed as to prevent the shot, projectile or other missile which has been fired from escaping or ricocheting.
(Code 1976, § 17-32)
State Law reference— Authority of city to regulate or prohibit discharge of firearms, Code of Virginia, § 15.1-865.
(a)
No person shall discharge anywhere within the city shot, gravel, bullets or other similar substances from a sling shot or similar implement.
(b)
Pneumatic guns.
(1)
As used in this section, "pneumatic gun" means any implement, designed as a gun, that will expel a BB or a pellet by action of pneumatic pressure. "Pneumatic gun" includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.
(2)
Pneumatic guns may be discharged only at facilities approved for shooting ranges, or on or within private property with permission of the owner or legal possessor. Use thereof must be conducted with reasonable care to prevent a projectile from crossing the bounds of the property. "Reasonable care" means that the gun is being discharged so that the projectile will be contained on the property by a backstop, earthen embankment, fence or other physical barrier. The discharge of projectiles across or over the bounds of the property shall create the rebuttable presumption that the use of the pneumatic gun was not conducted with reasonable care. Minors may use such implements only under the following conditions:
(i)
Minors under the age of sixteen (16) must be supervised by a parent, guardian, or other adult supervisor approved by a parent or guardian and shall be responsible for obeying all laws, regulations, and restrictions governing the use thereof.
(ii)
Minors sixteen (16) years of age and older must have the written consent of a parent or guardian and shall be responsible for obeying all laws, regulations and restrictions governing the use thereof.
(iii)
Training of minors in the use of pneumatic guns shall be done only under direct supervision of a parent, guardian, junior reserve officers training corps instructor, or a certified instructor. Training of minors above the age of sixteen (16) may also be done without direct supervision if approved by the minor's instructor, with the permission of and under the responsibility of a parent or guardian, and in compliance with all requirements of this section. Ranges and instructors may be certified by the National Rifle Association, a state or federal agency that has developed a certification program, any service of the Department of Defense, or any person authorized by these authorities to certify ranges and instructors.
(3)
Commercial or private areas designated for use of pneumatic paintball guns may be established and operated for recreational use in areas where such facilities are permitted by the city's zoning ordinance. Equipment designed to protect the face and ears shall be provided to participants at such recreational areas, and signs must be posted to warn against entry into the paintball area by persons who are unprotected or unaware that paintball guns are in use.
(c)
A violation of this section shall constitute a class 3 misdemeanor.
(8-21-17)
Editor's note— An ordinance adopted Aug. 21, 2017, amended § 33-7 to read as herein set out. Former § 33-7 pertained to discharge of bows and arrows, pneumatic guns, etc., and derived from Code 1976, § 17-34; and an ordinance adopted Nov. 7, 2011.
State Law reference— Code of Virginia, § 15.2-915.4.
It shall be unlawful for any person to throw stones, sticks or other dangerous missiles in or into any street or other public place.
(Code 1976, § 17-14)
(a)
For the purposes of this section, "bow" includes all compound bows, crossbows, slingbows, longbows, and recurve bows having a peak draw weight of ten (10) pounds or more. The term "bow" does not include bows that have a peak draw weight of less than ten (10) pounds or that are designed or intended to be used principally as toys. The term "arrow" means a shaft-like projectile intended to be shot from a bow.
(b)
No person shall discharge an arrow from a bow in a manner that can be reasonably expected to result in the impact of the arrow upon the property of another without permission from the owner or tenant of such property. The discharge of an arrow across or over the boundaries of a property for which no permission has been given by the property owner shall create a rebuttable presumption that the use of the bow was not conducted with reasonable care.
(c)
No person shall discharge an arrow from a bow from, over, across or into any street, sidewalk, alley, roadway, public land or public place, or towards any building or dwelling in such a manner that the arrow may strike it.
(d)
No person shall hunt with a bow within the city except as authorized in this section.
(e)
Deer may be hunted with bows within the city in accordance with this subsection. Any such hunting activity shall be subject to the following conditions:
(1)
All hunting and compliance with the provisions of this subsection shall be subject to the supervision of the chief of police;
(2)
Hunting is permitted only during applicable hunting seasons designated by the state department of game and inland fisheries.
(3)
Hunters must abide by all applicable provisions of state law and state hunting regulations, including but not limited to licensing requirements.
(4)
Hunting with bows is permitted only on residential parcels which consist of one-half (0.5) acre or more. Hunting with bows is prohibited in all other areas within the city.
(5)
It is unlawful to hunt except from a stand elevated a minimum of ten (10) feet above the ground.
(6)
The property owner must obtain an annual urban archery permit from the police department. The police department shall issue the annual urban archery permit at no cost to the property owner upon application by the property owner meeting all requirements of this section. The property owner shall provide written notice to all occupants of the property before obtaining the permit.
(7)
The hunter must obtain written permission from the property owner before hunting and shall carry a copy of the written permission and a copy of the urban archery hunting permit issued to the property owner at all times while hunting.
(8)
No person shall discharge an arrow from a bow within one hundred fifty (150) feet of the property line of any school or city park.
(9)
The hunter is responsible for the appropriate disposition of the deer carcass.
(10)
If a deer which has been shot with an arrow leaves the property on which the hunter has permission to hunt, the hunter shall obtain permission from any property owner over which he or she must travel to pursue or retrieve the deer.
(11)
No person shall hunt deer in the city by use of a dog or dogs.
(f)
Any person who violates the provisions of this section shall be guilty of a Class 3 misdemeanor.
(8-21-17)
State Law reference— Code of Virginia § 15.2-916, defining the terms "bow" and "arrow" and authorizing local ordinances prohibition on certain uses thereof; Code of Virginia § 18.2-286, prohibiting the discharge of bows in the road or right-of-way; Code of Virginia § 29.1-528.1, authorizing urban archery hunting.
The provisions of this chapter are adopted pursuant to Code of Virginia, § 15.2-2280 et seq., as amended. This chapter, and all provisions contained herein, together with the city's zoning district map, shall be known and may be cited as "The Zoning Ordinance of the City of Charlottesville, Virginia."
(1)
The boundaries of the city's zoning districts, and the zoning district classifications of property within the city, are shown upon a map made part of this chapter, dated September 15, 2003, and readopted April 6, 2009, which map is designated, and shall be known and referred to within this chapter, as the "zoning district map," or "district map." The district map shall be attested by the clerk of the city council and shall be kept on file within the office of the department of neighborhood development services. The district map and all the notations, references and other information shown thereon are hereby incorporated as part of this zoning ordinance by reference.
(2)
This chapter, including the zoning district map of the city, shall become effective on September 15, 2003. Any permits and other significant, affirmative governmental acts or approvals validly granted or issued under the terms of the city's zoning regulations in effect immediately prior to the adoption of this chapter shall remain valid for the normal period of time; however, no such permits, acts or approvals shall be extended or renewed unless the property which is the subject of the permit, acts or approvals shall comply with the provisions of this chapter.
(9-15-03(3); 4-6-09)
(a)
The provisions of this chapter shall apply to all property located within the corporate limits of the City of Charlottesville.
(b)
The provisions of this chapter shall also apply to new territory which comes within the city limits by annexation, boundary adjustment or otherwise. Whenever new territory comes within the city limits, the city council, upon recommendation of the planning commission, shall determine which of the city's zoning districts most closely approximates the zoning applicable to the territory immediately prior to the annexation, and such determination shall become the interim zoning applicable to such territory. Within six (6) months following the effective date of the final court order of annexation, such temporary zoning shall either be affirmed by the city council or new zoning shall be established in accordance with law.
(9-15-03(3))
This chapter shall be for the general purpose of promoting the health, safety and general welfare of the public. To these ends, this chapter is designed:
(1)
To provide for adequate light, air, and convenience of access, and to protect against obstruction of light and air;
(2)
To regulate and restrict the location of trades, industries and residences;
(3)
To reduce or prevent congestion in the public streets, to facilitate transportation and to provide for safe and convenient vehicular and pedestrian travel;
(4)
To facilitate the creation of a convenient, attractive and harmonious community, to protect against overcrowding of land and undue density of population in relation to the community facilities existing or available, and to protect the natural beauty and special features of the city;
(5)
To provide for safety from fire, flood, crime and other dangers, and to facilitate the provision of adequate public safety services, disaster evacuation, civil defense, and flood protection;
(6)
To facilitate the provision of water, sewerage, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements;
(7)
To protect and enhance the character and stability of neighborhoods;
(8)
To protect against destruction of or encroachment upon historic areas;
(9)
To encourage economic development activities that provide desirable employment and enlarge the tax base;
(10)
To provide a balance of housing opportunities suitable for meeting the current and future needs of residents of the city;
(11)
To protect and maintain the environmental quality in the city.
(9-15-03(3))
(a)
Except where otherwise expressly provided, should any section or provision of this chapter be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect the validity of the remainder of this chapter and such remainder shall continue in full force and effect.
(b)
Should the application of any section or provision of this chapter to a particular property, building, structure or use be adjudged invalid by a court of competent jurisdiction such judgment shall not affect the application of said section or provision to any other property, building, structure or use.
(9-15-03(3))
The provisions of this chapter, insofar as they are the same as those in effect immediately preceding this chapter shall be considered as continuations thereof and not as new enactments. All provisions of such prior zoning ordinance in conflict with this chapter are hereby repealed.
(9-15-03(3))
(a)
Where uncertainty exists as to the boundaries of zoning districts shown on the official zoning map, the following rules shall apply:
(1)
Boundaries indicated as approximately following the centerlines of streets, rights-of way, or alleys shall be construed to follow such centerlines;
(2)
Boundaries indicated as approximately following platted lot lines shall be construed to follow such platted lot lines;
(3)
Boundaries indicated as approximately following the centerlines of bodies of water shall be construed to follow such centerlines. In the event such centerlines move as the result of natural forces, the boundaries shall also move; and
(4)
Whenever any dedicated street, alley or other public right of way is vacated by the city council, the zoning district boundaries adjoining each side of such street, alley or public right of way shall automatically be extended to the centerline of the vacated premises.
(b)
The following rules shall apply in the interpretation of the city's zoning district regulations and standards:
(1)
If the standards specified in this chapter are in conflict with the requirements of any other lawfully adopted rules, regulations or laws, then the more restrictive or higher standards shall govern.
(2)
If any regulation or standard specified in this chapter as being applicable to any use, structure, activity or undertaking conflicts with any other regulation or standard set forth herein, then the more restrictive or higher standard shall govern.
(3)
This chapter is intended to be inclusive, permitting only such uses, structures and activities as are specifically named herein. Uses, structures and activities not expressly provided for within the provisions of this chapter shall be deemed prohibited uses, structures and activities.
(c)
The headlines of the several articles, divisions, and sections of this chapter are intended as mere catchwords to indicate the contents thereof and shall not be deemed or taken to be titles of such sections, nor any part thereof.
(d)
The word "shall" is mandatory. The word "may" is permissive.
(e)
A word importing the masculine gender shall extend and be applied to females as well as to males.
(f)
A word importing the singular number may extend and be applied to several persons or things as well as to one (1) person or thing. A word importing the plural number may extend and be applied to one (1) person or thing as well as to several persons or things.
(g)
Where terms are not defined, they shall have their ordinarily accepted meanings, or such meaning as the context may imply.
(h)
The regulations and standards set forth within this zoning ordinance shall be held to be the minimum requirements for the promotion of the public safety, necessity, convenience, general welfare, and good zoning practice.
(i)
Where a time limitation or requirement is expressed in a number of days, it shall be interpreted as referring to the number of calendar days, unless otherwise provided.
(9-15-03(3))
All references within this chapter to specific titles, chapters, articles and sections of the Virginia Code shall refer to those in effect on the effective date of this chapter, and shall also be construed as references to successor titles, chapters, articles and sections mutatis mutandis.
(9-15-03(3))
(a)
An applicant for a special exception, a special use permit, an amendment to the zoning ordinance or a variance shall make complete disclosure of the equitable ownership (i.e., the real parties in interest) of the real estate to be affected. The applicant shall provide the names and addresses of all of the real parties in interest, including, without limitation: each of the stockholders, officers and directors of a corporate entity (corporations, professional corporations, limited liability companies, professional limited liability companies, etc.). However, the requirement of listing names of stockholders shall not apply to a corporation whose stock is traded on a national or local stock exchange and which corporation has more than five hundred (500) shareholders.
(b)
All petitions initiated by property owners or the agents thereof, shall be sworn to under oath before a notary public, stating: (i) whether or not any member of the planning commission, or their immediate family member, has any personal interest in the property or transaction that is the subject of the application; and (ii) whether or not any member of the city council, or their immediate family member, has any such interest. A personal interest arises when a financial benefit or liability may accrue to a member of the planning commission or city council, or their immediate family member, as a result of an individual or business interest in the subject application. For the purposes of this section, the term "personal interest" shall have the meaning set forth within the State and Local Government Conflicts of Interests Act, Code of Virginia, § 2.2-3101, and may refer to an interest accruing to a person individually, as a result of business or professional relationships.
(9-15-03(3); 10-19-2015(3))
(a)
Nothing in this zoning ordinance shall be construed to authorize the impairment of any vested right. Without limiting the time when rights might otherwise vest, a landowner's rights shall be deemed vested in a land use, and such vesting shall not be affected by a subsequent amendment to a zoning ordinance, when the landowner: (i) obtains or is the beneficiary of a significant affirmative governmental act which remains in effect allowing development of a specific project; (ii) relies in good faith on the significant affirmative governmental act; and (iii) incurs extensive obligations or substantial expenses in diligent pursuit of the specific project in reliance on the significant affirmative governmental act.
(b)
For purposes of this section and without limitation, the following are deemed to be significant affirmative governmental acts allowing development of a specific project:
(1)
The city council has accepted proffers or proffered conditions which specify use(s) related to a zoning amendment;
(2)
The city council has approved an application for a rezoning for a specific use or density;
(3)
The city council or board of zoning appeals, where authorized by this chapter, has granted a special exception or use permit with conditions;
(4)
The board of zoning appeals has approved a variance;
(5)
The city council or its designated agent has approved a final subdivision plat, site plat or plan of development for the landowner's property.
(c)
In the event of a conflict between any provision(s) of this section and those set forth within Code of Virginia, § 15.2-2307, the state statute shall prevail.
(9-15-03(3))
(a)
The city council will, from time to time, approve a schedule of the fees and charges associated with the various applications, petitions, inspections, permits and approvals required by this chapter. At the time an application, petition, or other request for any permit or approval is submitted to the city, it shall be accompanied by the required fee(s) and charges as designated in the most recent fee schedule adopted by city council. Fees shall be made payable to the city treasurer.
(b)
Prior to acceptance of an application for any special exception, special use permit, variance, rezoning or other land disturbing permit, including building permits and erosion and sediment control permits, or prior to the issuance of final approval, the city may require the applicant to produce satisfactory evidence that any delinquent real estate taxes owed to the locality have been paid.
(9-15-03(3))
All meetings of any city boards and commissions referenced within this chapter, and of any committee, subcommittee or other entity created to perform delegated functions thereof, shall be open to the public as required by the Virginia Freedom of Information Act, except as otherwise specifically provided in Code of Virginia, § 2.2-3711.
(9-15-03(3))
(a)
Upon approval of a rezoning or special use application approving a residential project, or the residential portion of a mixed-use project with a density equal to or greater than 1.0 floor-area ratio (FAR), or an equivalent density based on units per acre, the applicant shall provide on-site affordable dwelling units as part of the project, and the total gross square footage of such units shall be five (5) percent of the amount of the gross floor area of the project that exceeds 1.0 FAR or an equivalent density based on units per acre.
(b)
For purposes of this section, "applicant" shall mean the person or entity submitting a rezoning or special use application for approval of a residential or mixed-use project that contains residential dwelling units in the city and shall include the successors or assigns of the applicant.
(c)
For purposes of this section, "affordable dwelling units" means dwelling units that are affordable to households with incomes at not more than 80% of the area median income and that are committed to remain affordable for a term of not more than thirty (30) years. However, the city may establish a minimum term as it deems necessary to ensure the establishment of committed affordable dwelling units provided pursuant to subsection (a), above, or (d)(1), below.
(d)
As an alternative, upon approval of a rezoning or special use application approving a residential project, or the residential portion of a mixed-use project with a density equal to or greater than 1.0 FAR, or an equivalent density based on units per acre, the applicant may elect to provide any one (1) of the following:
(1)
Affordable dwelling units at an off-site location in the city, the total gross square footage of such units shall be five (5) percent of the amount of the gross floor area of the project that is over 1.0 FAR, or an equivalent density based on units per acre; or
(2)
A cash contribution to the city's affordable housing fund, which contribution shall be calculated as follows for each of the density tiers described below:
a.
Two dollars ($2.00) per square foot of gross floor area for residential projects greater than 1.0 FAR or an equivalent density based on units per acre.
b.
For mixed-use projects, cash contributions shall be calculated by applying the proportionate amount of residential gross floor area at two dollars ($2.00) per square foot.
(e)
The cash contribution shall be indexed to the Consumer Price Index for Housing in the South Urban Region as published by the Bureau of Labor Statistics and shall be adjusted annually based upon the changes made in January to such index.
(f)
Except as otherwise provided, upon approval of a rezoning or special use permit that is subject to this section, any site plan submitted for review in conjunction therewith shall be acted upon by the director of neighborhood development services or planning commission within twenty-one (21) days after the date such plan was officially submitted.
(g)
The city council may from time to time adopt regulations by resolution, for the administration of the provisions of this section. Pursuant to section 34-82(b)(1), the failure of any person to comply with such regulations shall constitute unlawful conduct in violation of this section.
(3-16-09(1); 5-20-13(4); 11-18-13; 6-15-15(2))
Any parcel of land unclassified by the official zoning map and for which none of the rules of interpretation in this chapter apply, and land newly annexed to the city, is hereby designated as being within the R-1 single-family residential district until otherwise designated by the city council.
(5-16-11)
In accordance with the requirements of Title 15.2, Chapter 22, Article 3 of the Code of Virginia, as amended, the planning commission shall prepare and recommend, and the city council shall adopt, a comprehensive plan for the physical development of the city. The plan may include any other policy areas deemed by the planning commission and city council to be important to the long-term development of the city. At least once every five (5) years the planning commission shall review the comprehensive plan to determine whether it would be advisable to amend the plan.
(9-15-03(3))
(a)
An amendment of the comprehensive plan may be initiated by the planning commission, by city council, or by any person.
(1)
The planning commission may initiate an amendment at any time.
(2)
The city council may initiate an amendment at any time, by submitting a written request to the planning commission directing the planning commission to prepare an amendment and submit it to a public hearing within sixty (60) days after such request. Alternatively, the city council may initiate an amendment at any time by preparing an amendment and referring it to the planning commission for public hearing within sixty (60) days or such longer timeframe as may be specified in the written request. If the planning commission fails to make a recommendation on the amendment within the sixty (60) day timeframe, the governing body may conduct a public hearing, which shall be advertised as required by Code of Virginia, § 15.2-2204.
(3)
Applicants seeking approval of a telecommunications facility pursuant to Article IX, section 34-1070, et seq. may initiate an amendment at any time.
(4)
All other applications for an amendment to the land use plan of the comprehensive plan shall be accepted annually, between November 1 and January 2 of the succeeding calendar year.
(b)
All other amendments to the comprehensive plan shall be recommended, approved and adopted, respectively, in accordance with the requirements set forth within Title 15.2, Chapter 22, Article 3 of the Code of Virginia, as amended. In considering any amendments to the plan, the city council shall act within ninety (90) days of the planning commissions' recommending resolution.
(9-15-03(3); 10-4-10(2))
(a)
The comprehensive plan shall control the general or approximate location, character and extent of each feature shown on the plan. Following approval and adoption of the comprehensive plan, no public facility may be constructed, established, or authorized unless and until the general or approximate location, character and extent thereof has been submitted to and approved by the planning commission as being substantially in accord with the adopted comprehensive plan. Widening, narrowing, extension, enlargement, vacation, development, sale, or change of use of streets or public land and other public areas shall likewise be submitted for review and approval. Improvements undertaken by the city shall be referred to the planning commission by city council, for review under this section.
(1)
The commission shall communicate its findings to the city council, indicating its approval or disapproval with written reasons. Council may overrule the action of the planning commission by a vote of a majority of the members of city council. Failure of the planning commission to act within sixty (60) days of a submission (or in the case of a telecommunications facility: ninety (90) days), unless the time is extended by action of the city council, shall be deemed approval.
(2)
On appeal, the city council shall hear and make a final determination upon the petition within sixty (60) days of the date on which the appeal was filed with the clerk of council. The owner or his agent may appeal the decision of the planning commission to the city council within ten (10) days after the commission's final decision. The appeal shall be by written petition to the city council, and shall set forth the specific factual and legal reasons for the appeal.
(b)
Paving, repair, reconstruction, improvement, drainage or similar work, and normal service extensions of public utilities or public service corporations, shall not require review and approval pursuant to this section unless involving a change in the location or extent of a street or public area.
(c)
Any public facility that is identified within, but not the entire subject of, a submission for approval of a subdivision or site plan, may be deemed a feature already shown on the adopted comprehensive plan, and therefore excepted from the requirement for submittal to and approval by the commission, provided that the city council has by ordinance or resolution defined standards governing the construction, establishment or authorization of such public facility or has approved it through acceptance of a proffer approved in connection with a rezoning application.
(d)
Telecommunications facilities.
(1)
Approval and funding of a public telecommunications facility by the Virginia Public Broadcasting Board shall be deemed to satisfy the requirements of this section, with the exception of television and radio towers and structures not necessary to house electronic apparatus. The exemption provided for in this paragraph shall not apply to facilities existing or approved by the Virginia Public Telecommunications Board prior to July 1, 1990.
(2)
On any application for a telecommunications facility, the planning commission's failure to act on such application within ninety (90) days shall be deemed approval unless the time is extended by action of city council. City council may extend the time required for action by the planning commission by no more than sixty (60) additional days. If the planning commission has not acted on the application by the end of the extension, or by the end of such longer period as may be agreed to by the applicant, the application shall be deemed approved by the planning commission.
(e)
Public uses and facilities defined.
(1)
Public facilities, structures and uses as those terms are used herein, shall include, but not be limited to: any street, connection to an existing street, park or other public land or public area, public building or public structure, and any public utility facility or public service corporation facility, whether publicly or privately owned. The term shall not include any office facility of any of the foregoing.
(2)
Public facilities, structures and uses as those terms are used herein, shall not include the following: railroad facilities, high power electrical transmission lines in excess of one hundred fifty (150) kilovolts which are subject to review and approval by the Virginia State Corporation Commission, or any office facility of any of the foregoing.
(f)
In the event of any conflict between the provisions set forth within this section and those within Code of Virginia, § 15.2-2232, the state code provisions shall prevail.
(9-15-03(3))
(a)
Whenever the public necessity, convenience, general welfare or good zoning practice require, the city council may, by ordinance, amend, supplement or change the city's zoning district regulations, district boundaries or zoning district classifications of property. Any such amendments may be initiated by:
(1)
Resolution of the city council;
(2)
Motion of the planning commission; or
(3)
Petition of any person who is the owner, owner's agent, or contract purchaser (with the owner's written consent) of property, where such petition proposes a change of the zoning district classification of such property ("zoning map amendments"). For purposes of this section, the term zoning map amendment includes, without limitation: petitions seeking to establish or to amend a planned unit development; petitions to amend established proffers; and petitions for approval of a special use permit.
(b)
Petitions for zoning map amendments shall be made in writing, shall be addressed to the city council, and shall be filed in the department of neighborhood development services. Each application shall be composed of a completed city-provided application form and supplemental information required in order for the city to review and act on the application. At a minimum, a complete application shall include:
(1)
Verification of the applicant's attendance at a pre-application meeting with a city planner, at which the applicant was provided a list of the application materials, including required supplemental information, required for an application;
(2)
A city-provided application form, signed by the owner of the property. Alternatively, the application form may be signed by the owner's authorized representative, if the application form is accompanied by the owner's written authorization;
(3)
Written certification of compliance with section 34-10(b);
(4)
The required application fee, as set forth within the most recent fee schedule adopted by city council;
(5)
All information required by any provision of this zoning ordinance (including, without limitation: section 34-158 and any other applicable city ordinances, or state law;
(6)
All required supplemental information.
The director of neighborhood development services shall establish and maintain appropriate application forms for zoning map amendments. Upon receipt of an application, the director shall within ten (10) business days review the application for completeness. Incomplete applications shall be rejected and shall not proceed for review or decision, and the applicant shall be notified in writing of the rejection and the reasons therefor.
(c)
Following receipt of a complete application for a zoning map amendment:
(1)
Either the city council or the director may request work sessions or other public presentations to be scheduled before the city council, the planning commission, the board of architectural review (if property is within an historic district), or other public bodies, as the director determines to be appropriate, taking into consideration the nature of the approval requested, the acreage affected, potential impacts of an approved application, applicable legal requirements, and any other factors consistent with good zoning practices. The purpose of a work session or other public presentation is to allow an applicant to present a proposed project, to allow the department of neighborhood development services to present a preliminary scoping of major issues, to seek directions as to the board's or commission's expectations in addressing those issues, and to allow the board or commission to receive public comments. The applicant's consent to a work session is required, if the work session would extend the time for action by the board or commission beyond applicable deadlines established by law.
(2)
The applicant shall hold a community meeting for the application. The purposes of a community meeting are to provide citizens an opportunity to receive information about a proposed project, about applicable zoning processes and procedures, about applicable policies of the comprehensive plan and city ordinances or regulations that may apply to the project, and to give citizens an opportunity to ask questions about the project. The director of neighborhood development services is authorized to establish written guidelines pertaining to which applications should have community meetings, when in the process such meetings should be conducted, the manner in which the meeting should be conducted, and how (and to whom) notice of the community meeting should be given. The applicant's consent to a community meeting is required, if the community meeting cannot, due to no fault of the applicant, be scheduled in sufficient time to allow action by the board or planning commission within applicable deadlines established by law. The director may waive the requirement for a community meeting, in accordance with the approved zoning regulations for community meetings, upon a determination that the meeting is not likely to achieve the public purposes intended to be served, after consideration of the following: (i) the nature of the approval requested, the acreage affected, the proposed density, the proposed scale, and potential impacts, (ii) any other factors deemed relevant upon applying sound zoning principles, (iii) whether other public work sessions or meetings have already been held regarding the application, so as to make a community meeting unreasonably duplicative.
(3)
Unless otherwise directed by city council, upon the director's receipt of proof by the applicant that a community meeting has been held in accordance with applicable policies and procedures, the director is authorized to refer the matter to the planning commission for review in accordance with section 34-42(c), by written notice given to the planning commission chair.
(d)
For each application for a zoning map amendment, the director may require supplemental information to be submitted along with the application. In determining what supplemental information must be submitted, the director shall consider the proposed use, the proposed density, the proposed zoning district classification, and other considerations the director determines to be relevant according to sound zoning practices. Required supplemental information may consist of any or all of the following:
(1)
Project proposal narrative, consisting of a detailed written statement of the proposal, its public need or benefit, and of how the project satisfies the purpose, intent or objectives of the applicable zoning district classification.
(2)
Comprehensive plan analysis, consisting of a detailed written statement of the project's consistency with the comprehensive plan, including the land use map and any small area, strategic investment area or other plan for the applicable development area.
(3)
Impacts on public facilities and infrastructure. A detailed narrative statement detailing the project's impacts on public facilities and infrastructure, including, without limitation: sidewalks and other pedestrian facilities; bicycle, public transit and motor vehicle transportation facilities; storm sewers; existing platted rights-of-way which have not previously been improved or accepted by the city for maintenance, etc.
(4)
Maps. One or more maps showing the proposed project's neighborhood context, existing natural and man-made conditions, and existing topography. If the proposal is to amend an existing planned unit development district, and the proposed amendment would affect less area than the entire district, the applicant shall submit a map showing the entire existing PUD and identifying any area to be added to or deleted from the district, or identifying the area to which the amended PUD plan or any amended proffers, would apply. If the proposal is for a special use permit, and the area proposed to be subject to the special use permit is less than an entire lot (or less than an entire PUD, if applicable) a map shall be provided showing the area proposed to be subject to the special use permit.
(5)
Impacts on environmental features. A narrative of environmental features of the property that would be affected by the project, including, without limitation: trees, existing pervious surfaces, steep slopes, streams, etc. Photographs shall be provided of features described in the narrative.
(6)
Project concept plan. For any zoning map amendment to establish a conventional zoning district (i.e., a district other than a PUD) or seeking approval of a special use permit, a conceptual plan shall be provided showing, as applicable: (i) street network, including circulation within the project and connections to existing and planned streets within and outside the project; (ii) general location of pedestrian and bicycle facilities; (iii) building envelopes; (iv) parking envelopes; (v) public spaces and amenities; (vi) conceptual stormwater management facility locations and types; (vii) conceptual grading; (viii) conceptual landscape plan; (ix) topography, and identification of the source of the topographical information, supplemented where necessary by spot elevations, and identification of areas of the site containing slopes in excess of 25%; (x) general location of central features or major elements within the project that are essential to the design of the project, such as parking areas and structures, civic areas, open spaces, green spaces, recreation areas and other amenities.
(7)
PUD concept plan. In addition to any information required by City Code section 34-517, a PUD concept plan shall include: (i) typical cross-sections to show proportions, scale, and streetscape/cross-sections/circulation; (ii) conceptual stormwater management facility locations and types; (iii) conceptual grading; (iv) a use table listing the specific uses to be included by right, and the number of dwelling units, by type; (v) building envelopes; (vi) topography, and identification of the source of the topographical information, supplemented where necessary by spot elevations, and identification of areas of the site containing slopes in excess of 25%; (vii) general layout for water and sewer systems; (viii) the general location of central features or major elements within the project that are essential to the design of the project, such as parking areas and structures, civic areas, open spaces, green spaces, recreation areas and other amenities; (ix) a code of development identifying standards for proposed yards, open space characteristics, and any landscape or architectural characteristics relating to scale, proportions, and massing; and (x) a conceptual lot layout.
(8)
Proposed proffers to address impacts, consisting of a written statement of conditions, limitations, restrictions or amenities that the property owner offers as a means of mitigating impacts of a project or enhancing the public benefits of a project.
(9)
Other information, including, without limitation, special studies or documentation, identified by the director as being necessary for a full and complete review of the proposed zoning map amendment consistent with good zoning practices.
(9-15-03(3); 4-13-04(2), § 1; 1-17-06(3); 10-19-15(3))
(a)
All proposed amendments shall be reviewed by the planning commission. The planning commission shall review and study each proposed amendment to determine:
(1)
Whether the proposed amendment conforms to the general guidelines and policies contained in the comprehensive plan;
(2)
Whether the proposed amendment will further the purposes of this chapter and the general welfare of the entire community;
(3)
Whether there is a need and justification for the change; and
(4)
When pertaining to a change in the zoning district classification of property, the effect of the proposed change, if any, on the property itself, on surrounding property, and on public services and facilities. In addition, the commission shall consider the appropriateness of the property for inclusion within the proposed zoning district, relating to the purposes set forth at the beginning of the proposed district classification.
(b)
Prior to making any recommendation to the city council, the planning commission shall advertise and hold at least one (1) public hearing on a proposed amendment. The planning commission may hold a joint public hearing with the city council.
(c)
The planning commission shall review the proposed amendment and shall report its findings and recommendations to the city council, along with any appropriate explanatory materials, within one hundred (100) days after the proposed amendment was referred to the commission for review. Owner-initiated petitions for zoning map amendments shall be deemed referred to the commission as of the date on which: (i) city council, by motion or by resolution, refers an amendment to the commission for review, or (ii) the first planning commission meeting following referral by the director of neighborhood development services pursuant to section 31-41(c)(3). Failure of the commission to report to city council within the 100-day period shall be deemed a recommendation of approval, unless the petition is withdrawn. In the event of and upon such withdrawal, processing of the proposed amendment shall cease without further action.
(9-15-03(3); 10-19-15(3))
(a)
Before enacting any proposed amendment to the zoning ordinance, the city council shall advertise and hold at least one (1) public hearing thereon. The city council may hold a joint public hearing with the planning commission.
(b)
Council may make appropriate changes or corrections in the proposed ordinance or amendment as a result of the public hearing; provided, however, that no land may be rezoned to a more intensive use classification than was identified in the public notice of the public hearing without an additional public hearing conducted after notice as required by law. Where substantial changes have been made in a rezoning application following a public hearing, the city council may hold an additional public hearing.
(c)
Once a petition seeking an amendment of the zoning ordinance has been advertised for a public hearing, the city council shall not consider another petition which is substantially the same as that advertised for a period of one (1) year from the date the advertised petition was accepted by the director of neighborhood development services.
(9-15-03(3))
(a)
The planning commission shall not recommend, nor the city council adopt, any plan or ordinance, or any amendment thereof, until notice of intention to do so has been given by newspaper publication and written notice to property owners, in accordance with the requirements of Code of Virginia, § 15.2-2204.
(b)
Where a petition proposes a change in the zoning district classification of any property, the person seeking the amendment shall be required to post signs on or near the subject property. The required signs shall be furnished by the zoning administrator to a petitioning party and shall be posted within two (2) working days from the date the amendment has been referred to the planning commission for study and recommendation.
(1)
The person responsible for posting the signs shall also be responsible for monitoring and maintaining the signs through the date on which the city council takes final action on the proposed amendment, and shall replace the signs if they are stolen, damaged, destroyed or otherwise removed. At the public hearing on the proposed amendment, a petitioner may be asked to affirm that the required posting of signs was done in accordance with this section.
(2)
Every sign shall be posted so as to be visible from a street adjacent to land which is the subject of a proposed amendment, within ten (10) feet of the edge of the street right-of-way. The number and location of posted signs shall be as follows:
a.
Where a petition involves a single parcel, one (1) sign shall be required.
b.
Where a petition involves an assemblage of two (2) to ten (10) contiguous parcels, one (1) sign shall be posted at each end of each street adjacent to the assembled parcels. At least one (1) sign shall be visible from each adjacent street.
c.
Where a petition involves an assemblage of more than ten (10) contiguous parcels, two (2) signs shall be posted along the frontage of each street adjacent to the assembled parcels. Each pair of signs shall be spaced at least twenty (20) feet apart.
(3)
The requirement of posting signs in connection with a petition is a measure prescribed by council as an extra level of public notice; under no circumstances shall this requirement be deemed or construed as a prerequisite to the authority of the planning commission or city council to review or act upon any proposed amendment. However, the planning commission or city council may choose to postpone consideration of an application, subject to additional advertisement and written notice as may be required by law, in the event a petitioner cannot verify compliance with the sign posting requirement.
(c)
In addition to any specific advertisement, written notice or posting of signs required by this section, the planning commission and city council may provide notice of any planning or zoning matter by any other means they deem appropriate.
(d)
In the event of a conflict between the requirements of this section and those set forth within Code of Virginia § 15.2-2204, the requirements of Code of Virginia § 15.2-2204 shall govern.
(9-15-03(3))
Rezoning applications considered pursuant to this chapter shall be subject to the affordable dwelling unit requirements of section 34-12 of this Code.
(3-16-09(1))
The provisions set forth within this division are enacted by authority of Code of Virginia § 15.2-2303, and shall be applied and interpreted in accordance with that statute.
(9-15-03(3); 11-19-07(2))
As part of a zoning amendment initiated by petition of a property owner, the agent thereof, or a contract purchaser of property (with the consent of the property owner) the city council may, in addition to the regulations provided for in a zoning district, adopt reasonable conditions proffered by the petitioner. The conditions shall not, however, include a requirement that the applicant create a property owners' association under Chapter 26 (§ 55-508 et seq.) of Title 55 of the Code of Virginia, where the members of such property owners' association would be required to pay an assessment for maintenance of public facilities owned in fee by a public entity, including open space, parks, schools, fire departments, or any other public facilities not provided for within the city's subdivision ordinance; however, such facilities shall not include sidewalks, special street signs or markers, or special street lighting in public rights-of-way not maintained by the Virginia Department of Transportation.
(9-15-03(3); 11-19-07(2))
All proffered conditions must be submitted in a written format, which shall include written statements, development plans, profiles, elevations and other demonstrative documents depicting, describing, or otherwise pertaining to a proposed development. The director of neighborhood development services may establish specific forms for use by persons who wish to submit proffered conditions, subject to the approval of the city attorney. Each submission shall be accompanied by the required fee, as set forth within the most recent fee schedule adopted by city council.
(9-15-03(3); 4-13-04(2), § 1; 11-19-07(2))
(a)
Preliminary proffers may be submitted as part of the original rezoning application, or may be submitted, as a modification of an existing zoning amendment application, no fewer than ten (10) days prior to the scheduled public hearing. The director of neighborhood development services shall distribute copies of the preliminary proffers to the city attorney and other appropriate city departments for review and comment prior to the public hearing. The staff report presented to the planning commission shall analyze the impact of the preliminary proffers and whether they comply with existing laws, ordinances and regulations.
(b)
During a joint public hearing, preliminary proffers may be modified by an applicant, orally or in writing, if they do not materially affect the overall proposal; however, where proffers are made for the first time at the public hearing, or are substantially modified at the hearing, the application shall be continued by the planning commission to allow for review by neighborhood development services and other city departments, and to allow an opportunity for public comment on the new components of the application.
(c)
If the planning commission takes final action on a zoning application that includes proffered conditions, then the applicant shall reduce all proffers, as acted upon by the planning commission, to a final written proffer statement. The final proffer statement shall be submitted to the director of neighborhood development services within seven (7) days following the planning commission meeting. The director shall transmit the final proffer statement to city council for consideration along with the rezoning application.
(9-15-03(3); 11-19-07(2))
An applicant may seek to add to, expand, clarify or otherwise modify the proffers acted upon by the planning commission prior to the meeting at which the city council will consider the rezoning application of which the proffers are a part. In the event any such modification is proposed, the applicant shall prepare the final proffer statement as required by section 34-64(c) above, as well as a cover sheet listing the proposed modifications. If a modification is proposed, council shall take one (1) of the following actions:
(1)
Council may decline to consider the modifications, and may proceed to consider the rezoning application and final proffer statement, as acted upon by the planning commission;
(2)
Council may continue the application to a subsequent meeting date, in which case council shall conduct an additional public hearing on the application (including the final proffer statement and all proposed modifications thereof), following advertisement and notice as required by law; or
(3)
Council may refer the modified application to the planning commission for review and recommendation, upon an additional public hearing of the modification (including the final proffer statement and all proposed modifications thereof), following advertisement and notice as required by law. Council shall re-refer the modified application to the planning commission if the proposed modification is to delete any substantive provision from any proffer that was reviewed and acted upon by the commission.
(9-15-03(3); 11-19-07(2))
(a)
Once adopted as part of an amendment to the zoning ordinance, proffered conditions shall become a part of the zoning regulations applicable to the property and shall continue in effect until a subsequent amendment changes the zoning on the property covered by the conditions; however, the conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance. Upon adoption, the existence of proffered conditions shall be noted by an appropriate symbol on the city's zoning district map.
(b)
So long as any proffered conditions remain in effect no city official or agency shall approve any site plan, subdivision plat or development plan, unless such plan or plat substantially conforms with all proffered conditions applicable to property which is the subject of the plan or plat.
(c)
The director of neighborhood development services shall keep and make available for public inspection a conditional zoning index. The index shall provide ready access to the ordinance adopting the proffered conditions.
(d)
Any petition initiated by a person seeking to amend conditions that were voluntarily proffered and accepted by the city council shall be considered a proposed amendment of the city's zoning ordinance and shall be advertised and reviewed as such.
(e)
Nothing in this section shall be construed to affect or impair the authority of city council to:
(1)
Accept proffered conditions which include provisions for timing or phasing of dedications, payments or improvements; or
(2)
Accept or impose reasonable conditions when granting any special exception.
(9-15-03(3); 11-19-07(2))
(a)
The regulations set forth in this chapter shall be considered the minimum requirements to protect public health, safety, comfort, prosperity and general welfare, and to provide a remedy for existing conditions that are detrimental thereto.
(b)
No land, building, or structure shall be erected, converted, enlarged, altered, used or occupied, and no building or structure shall hereafter be located, erected, constructed, reconstructed, altered, repaired or moved except in conformity with the regulations specified within this zoning ordinance.
(c)
No lot or parcel shall be reduced or diminished in area such that required yard or other spaces shall be smaller than prescribed by this zoning ordinance. This provision shall not preclude the construction of a residence on a lot of record existing before January 21, 1958. Notwithstanding the foregoing, any lot, parcel, building or structure originally established in conformity with city regulations, which is later placed in violation thereof by or on account of the acquisition, purchase or condemnation of a portion thereof by an agency of the federal, state or local government possessing the power of eminent domain shall not be considered nonconforming.
(9-15-03(3); 7-21-08(2))
(a)
The following persons are hereby declared to be subject to the enforcement provisions of this division:
(1)
An owner of property determined to be in violation of this chapter or of any regulation adopted pursuant to this chapter found to exist on his property.
(2)
Any person, whether owner, lessee, principal, agent, employee or otherwise, who violates a provision of this chapter, or permits any such violation, or fails to comply with any of the requirements hereof, or who erects any building or structure or uses any building or land in violation of the provisions of this chapter.
(b)
The following conduct is hereby declared to be unlawful and subject to the enforcement provisions of this division:
(1)
Violation of any provision of this chapter or of any regulation adopted pursuant to authority conferred by it.
(2)
Any building erected or improvements constructed contrary to any of the provisions of this chapter and any use of any building or land which is conducted, operated or maintained contrary to any of the provisions of this chapter or contrary to any detailed statement, plan, permit, certificate, variance or approval issued under the provisions of this chapter.
(3)
Failure to maintain improvements required under the terms of an approval granted under this chapter in a condition that ensures protection of the public safety and general welfare. It is the purpose of this section to ensure that those site improvements intended for benefit of the public or protection of adjacent properties, but not dedicated to public use or otherwise transferred to city ownership, are maintained in a condition that permits those intentions to be fulfilled.
(4)
Failure to maintain or repair a contributing structure or protected property as required by Article II, section 34-282.
(5)
Procurement of any amendment or any required permit, certificate or approval through misrepresentation of any material fact.
(6)
Initiating any land disturbing activity, or any activity for which a building permit or demolition permit is required, without obtaining all necessary approvals and permits.
(c)
Upon becoming aware of any violation of any provision of this chapter, the zoning administrator may proceed to remedy the violation as provided in sections 34-83 through 34-89 of this division.
(9-15-03(3); 6-6-05(2))
(a)
Except as otherwise specifically provided in this chapter, the zoning administrator may, upon finding that an owner or any person is or has been engaging in conduct declared unlawful by this chapter, issue a violation notice and/or correction order directing such person to stop engaging in such conduct.
(b)
The issuance of a violation notice and/or correction order shall suspend the effect of any approval, permit, plan, variance or certificate previously issued that relates to the property or premises subject to the order until such time as the violation notice and/or correction order is withdrawn by the zoning administrator or is stayed by an appeal to the board of zoning appeals.
(c)
The zoning administrator may, if so specified in the violation notice and/or correction order, revoke any permit or certificate previously issued by him.
(d)
Any written notice of a zoning violation or a written order of the zoning administrator shall include a statement informing the recipient that he may have a right to appeal the notice of a zoning violation or a written order to the board of zoning appeals as provided in section 34-137, and that the decision shall be final if not appealed within the applicable time period. The appeal shall be taken by filing with the zoning administrator, and with the board of zoning appeals, a notice of appeal specifying the grounds thereof.
(e)
The appeal period for a violation notice and correction order shall be thirty (30) days except that the appeal period shall be ten (10) days for violations involving the following: (i) temporary or seasonal commercial uses; (ii) parking; (iii) temporary signs; (iv) occupancy requirements in residential zones; and (v) home occupation or office of resident regulations in residential zones.
(f)
Where a violation notice and/or correction order is issued and such violation has not ceased within such reasonable time as the zoning administrator has specified, he shall institute such action as may be necessary to terminate the violation. The zoning administrator may initiate injunction, mandamus, abatement, criminal or civil warrant, or any other appropriate action to prevent, enjoin, abate or remove such violation of any provision of this chapter.
(9-15-03(3))
(a)
In the event that the zoning administrator determines that there has been any violation of this chapter, the administrator may seek criminal process against the alleged violator. The issuance of a violation notice and/or correction order shall not be deemed a precondition to the issuance of a warrant or summons pursuant to this section.
(b)
An owner or any other person convicted of any violation of this chapter shall be subject to the following:
(1)
The person shall have committed a misdemeanor offense punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00).
(2)
If the violation is uncorrected at the time of conviction, the court shall order the person convicted to abate or remedy the violation in compliance with this chapter within a time period established by the court. Failure to remove or abate such violation within the time period established by the court shall constitute a separate misdemeanor offense punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00), and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period, punishable by a fine of not less than one hundred dollars ($100.00) nor more than one thousand five hundred dollars ($1,500.00).
(9-15-03(3))
(a)
An owner or any other person who violates any provision of this chapter as scheduled in section 34-86, or permits any such violation, shall be subject to the civil penalties as scheduled in section 34-86.
(b)
The issuance of a violation notice and correction order shall not be deemed a precondition to the issuance of a civil summons or ticket pursuant to this section. The zoning administrator may cause a summons or ticket to be issued for any scheduled violation and served upon an owner or any other person responsible for that violation in any other manner of service authorized by law.
(c)
Such summons or ticket shall contain the following information:
(1)
The name and address of the alleged violator.
(2)
The nature of the violation, the chapter section(s) being violated and the applicable section(s) of the civil penalty schedule as set forth herein.
(3)
The location, date and time that the violation occurred or was observed.
(4)
The amount of the civil penalty assessed for the violation.
(5)
The manner, location and time in which the civil penalty may be paid to the city.
(6)
The right of the recipient of the summons to elect to stand trial for the violation and the date for such trial, or the date for scheduling of such trial by the court.
(d)
Any person summoned for a scheduled violation may elect to pay the civil penalty by making an appearance in person or in writing by mail to the city treasurer prior to the date fixed for trial in court. A person so appearing may enter a waiver of trial, admit liability and pay the civil penalty established for the offense charged. A signature to an admission of liability shall have the same force and effect as a judgment of court. However, such an admission shall not be deemed a criminal conviction for any purpose.
(e)
If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the Charlottesville General District Court in the same manner and with the same right of appeal as provided by law. A finding of liability shall not be deemed a criminal conviction for any purpose.
(f)
The designation of a particular violation in the schedule of civil penalties shall be in lieu of any criminal penalty under section 34-84 and, except for any violation resulting in injury to persons, such a designation shall preclude the prosecution of the particular violation as a criminal misdemeanor, but shall not preclude any other remedy available under this chapter.
(g)
Each day during which a violation is found to exist shall be a separate offense. However, the same scheduled violation arising from the same operative set of facts may be charged not more than once in a ten (10) day period, and the total civil penalties from a series of such violations arising from the same set of operative facts shall not exceed five thousand dollars ($5,000.00).
(h)
The designation of a particular violation in the schedule of civil penalties shall not be construed to allow the imposition of civil penalties: (i) for activities related to land development; (ii) for violation of any provision of the zoning ordinance relating to the posting of signs on public property or public rights-of-way; (iii) for enforcement of the Uniform Statewide Building Code; or (iv) for violation of an erosion and sediment control ordinance.
(i)
Any reference herein to a section of this chapter shall include all subsections and paragraphs of that section.
(9-15-03(3))
(a)
Any violation of the following provisions of this chapter shall be subject to a civil penalty of two hundred dollars ($200.00) for the first violation, and a civil penalty of five hundred dollars ($500.00) for each subsequent violation arising from the same set of operative facts:
(1)
The placement, allowance of, erection or maintenance of a material impediment to visibility so as to restrict sight distance in violation of section 34-1121.
(2)
Violation of Article IX, Division 2, sections 34-970, et seq., regulating parking.
(3)
Each use of a lot, including the use of any structure thereon, not authorized either as a matter of right or by special use permit, provisional use permit, or temporary use permit by the zoning regulations applicable to the district in which the lot is located.
(4)
Any violation of sections 34-1170 through 34-1193, establishing supplementary regulations for certain uses authorized in the several zoning districts.
(5)
Any violation of the zoning district regulations contained within Articles III through VI, pertaining to dimensional requirements.
(6)
Any violation of any approved proffers, planned unit development plans, special use permits, provisional use permits, temporary use permits, variances, site plans, certificates of appropriateness or any condition related thereto.
(7)
Any violation of the regulations set forth within sections 34-1100 through 34-1126 (buildings and structures).
(8)
Any violation of sections 34-1140 through 34-1151, regulating nonconforming uses, lots and structures.
(9)
Violation of sections 34-1020 through 34-1054, regulating permanent and temporary signs, except as otherwise provided in this division.
(10)
Any violation of Article II, Divisions 1—5, sections 34-240, et seq., regarding requirements for overlay districts.
(11)
Any violation of Article VIII, Divisions 1—6, sections 34-850, et seq., regarding improvements required for developments.
(12)
Any violation of Article IX, Division 5, sections 34-1070, et seq., regarding requirements for telecommunications facilities.
(b)
Any person who demolishes, razes or moves any building or structure which is subject to the regulations set forth within section 34-277 or section 34-340 without approval of the BAR or city council, shall be subject to a civil penalty not to exceed twice the fair market value of the building or structure, as determined by the city real estate tax assessment at the time of the demolition, razing or moving.
(1)
For purposes of this section, the term "person" shall include any individual, firm, partnership, association, corporation, company or organization of any kind, which is deemed by the Charlottesville Circuit Court to be responsible for the demolition, razing or moving.
(2)
An action seeking the imposition of the penalty shall be instituted by petition filed by the city in the Circuit Court of the City of Charlottesville, which shall be tried in the same manner as any action at law. It shall be the burden of the city to show the liability of the violator by a preponderance of the evidence. An admission of liability or finding of liability shall not be a criminal conviction for any purpose.
(3)
The defendant may, within twenty-one (21) days after the filing of the petition, file an answer and, without admitting liability, agree to restore the building or structure as it existed prior to demolition. If the restoration is completed within the time agreed upon by the parties or as established by the court, the petition shall be dismissed from the court's docket.
(4)
The filing of the action pursuant to this section shall preclude a criminal prosecution for the same offense, except where the demolition, razing or moving has resulted in personal injury.
(9-15-03(3); 10-18-10(1); 11-21-11(2); 12-17-12(1))
State Law reference— Code of Virginia, § 15.2-2209.
(a)
Any violation of this chapter may be restrained, corrected or abated by injunction or other appropriate relief including, but not limited to, a court order directing a person determined to have engaged in conduct declared unlawful by this chapter to conform to the requirements of this chapter or any authorized regulations and to the provisions, requirements, conditions or standards contained in any required plan, permit, certificate, variance or approval issued thereunder.
(b)
The issuance of a violation notice and correction order shall not be deemed a precondition to the initiation of an injunction, mandamus or any other appropriate legal action to restrain, correct or abate a violation under this subsection. Further, commencement of a civil or criminal action under this division shall not be deemed a precondition to, nor shall such actions be deemed to preclude the initiation of, an injunction, mandamus or other appropriate action.
(9-15-03(3))
Whenever any provision of this chapter or of Chapters 5, 10 or 29 of this Code imposes a time limit upon the validity of a permit, certificate, variance, site plan, plat or other official approval granted thereunder and the validity of such permit, certificate, variance, site plan, plat or other official approval is raised as an issue in any judicial proceeding to which the city or the recipient of such approval is a party, and such time limitation is reached while the judicial proceeding is pending, then such approval shall be extended to a date twelve (12) months beyond the date of a final, nonappealable order by a court of competent jurisdiction terminating the litigation.
(9-15-03(3))
The remedies provided for in this division are cumulative and not exclusive and shall be in addition to any other remedies provided by law.
(9-15-03(3))
(a)
It shall be the duty of the zoning administrator to enforce this chapter. The zoning administrator shall have all necessary authority on behalf of the city to administer and enforce this chapter. This authority shall include: (i) ordering in writing the remedying of any condition found in violation of this chapter; (ii) ensuring compliance with this chapter by bringing legal action, including injunction, abatement or other appropriate action or proceeding subject to appeal; and (iii) in specific cases, making findings of fact and, with the concurrence of the city attorney, conclusions of law regarding determinations of rights accruing under Code of Virginia § 15.2-2307. In addition, the zoning administrator shall maintain the zoning map, and such map shall be kept current and shall reflect amendments as soon as practicable after adoption by the city council.
(b)
The zoning administrator shall receive applications required by this chapter and, where appropriate, issue or revoke permits and issue or revoke prescribed certificates. The zoning administrator shall enforce provisions, requirements, conditions or standards contained in any approved site plan, grading plan, excavation plan or clearing plan, or in any special permit, building permit, occupancy permit, variance or certificate of appropriateness, or to any rezoning (zoning map amendments) which have been proffered by the applicant for rezoning. The zoning administrator shall issue zoning compliance letters upon request. Each request for a zoning compliance letter shall be accompanied by the required fee, as set forth within the most recent fee schedule adopted by city council.
(c)
For carrying into effect its provisions, the zoning administrator may adopt procedures consistent with this chapter.
(d)
In case of any dispute over the meaning of a word, phrase or sentence, whether defined herein or not, the zoning administrator is hereby authorized to make a determination thereof, being guided in such determination by the purposes and intent of this chapter as set forth in section 34-3; provided however, that an appeal may be taken from any such determination as provided in section 34-137.
(e)
The zoning administrator may delegate his authority to other city officials or employees duly appointed to serve as his assistant(s).
(9-15-03(3); 4-13-04(2), § 1)
(a)
The zoning administrator shall examine premises for which permits have been issued and shall make necessary inspections to ensure compliance with the provisions of this chapter. The zoning administrator shall, when requested by the city manager, or when the interest of the city so requires, make investigations in connection with the matters referred to within this chapter and render written reports on the same.
(b)
Inspections shall be made by the zoning administrator or a duly appointed assistant.
(9-15-03(3))
The zoning administrator is authorized to grant a variance to building setbacks of less than one (1) foot, provided that he finds in writing that: (i) the strict application of the ordinance would produce undue hardship; (ii) such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and (iii) the authorization of the variance will not be of substantial detriment to adjacent property and the character of the zoning district will not be changed by the granting of the variance. Prior to the granting of a variance, the zoning administrator shall give, or require the applicant to give, all adjoining property owners written notice of the request for variance, and an opportunity to respond to the request within twenty-one (21) days of the date of the notice. If any adjoining property owner objects to said request in writing within the time specified above, the request shall be transferred to the board of zoning appeals for decision.
(9-15-03(3))
Upon becoming aware of any violation of any provisions of this chapter, the zoning administrator shall take such enforcement action as allowed under the enforcement and compliance division of this chapter.
(9-15-03(3))
(a)
The zoning administrator shall keep careful and comprehensive records of applications, permits issued, certificates issued, inspections made, reports rendered and notices issued. He shall retain records of all action in connection with building work as required by state law.
(b)
All such records shall be open to public inspection at reasonable hours, but shall not be removed from the office of the zoning administrator.
(c)
The zoning administrator shall make a report of all activities to the director of neighborhood development services once each month, or as requested, including statements of permits and certificates issued, and orders promulgated.
(9-15-03(3))
(a)
In no event shall a written order, requirement, decision or determination made by the zoning administrator or other administrative officer be subject to change, modification or reversal by any zoning administrator or other administrative officer after sixty (60) days have elapsed from the date of the written order, requirement, decision or determination where the person affected by such action has materially changed his position in good faith reliance on the action of the zoning administrator or other administrative officer unless it is proven that such order, requirement, decision or determination was obtained through malfeasance of the zoning administrator or other administrative officer, or through fraud. The sixty-day limitation shall not apply in any case where, with the concurrence of the city attorney, modification is required to correct clerical or other nondiscretionary errors.
(b)
The zoning administrator shall respond within ninety (90) days of a request for a decision or determination on zoning matters within the scope of his authority, unless the requester has agreed to a longer period.
(c)
The zoning administrator may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the chief of police in enforcing orders and of the city attorney in prosecuting violations and of other city officials.
(9-15-03(3))
(a)
The board of zoning appeals shall consist of five (5) residents of the city, appointed by the circuit court of the city. Their terms of office shall be for five (5) years each, and the term of office of one (1) member shall expire each year. The secretary of the board shall notify the circuit court at least thirty (30) days in advance of the expiration of any term of office, and shall notify the court promptly if any vacancy occurs. Appointments to fill vacancies on the board shall be only for the unexpired portion of the term. Members may be reappointed to succeed themselves.
(b)
A member whose term expires shall continue to serve until his successor is appointed and qualifies. Any member of the board may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by the circuit court, after a hearing is held after at least fifteen (15) days notice.
(c)
Up to three (3) alternate members to the board of zoning appeals may be appointed by the circuit court. The qualifications, terms and compensation of alternate members shall be the same as those of regular members. A regular member, when he knows he will be absent from a meeting, shall notify the chairman twenty-four (24) hours prior to such meeting. The chairman shall select an alternate to serve in the absent member's place and the records of the board shall so note.
(9-15-03(3))
Members of the board of zoning appeals shall hold no other public office in the city, except that one (1) may be a member of the city planning commission.
(9-15-03(3))
The board of zoning appeals shall select one (1) of its members as chairman and one (1) as vice-chairman, who shall serve in such capacity for a term of one (1) year and until their successors have been selected. The board may elect as its secretary either one (1) of its members or a qualified individual who is not a member of the board, excluding the alternate members, who shall serve in such capacity for a term of one (1) year and until his successor has been selected. A secretary who is not a member of the board shall not be entitled to vote on matters before the board.
(9-15-03(3))
The board of zoning appeals, in appropriate cases and subject to appropriate conditions and safeguards, shall have the following powers and duties:
(1)
Administrative appeals. To hear and decide appeals from any order, requirement, decision or determination made by the zoning administrator or an administrative officer in the administration or enforcement of this chapter or of any ordinance adopted pursuant hereto. The decision on such appeal shall be based on the board's judgment of whether the administrator or officer was correct. The board shall consider the purpose and intent of any applicable ordinances, laws and regulations in making its decision.
(2)
Variances. To authorize upon appeal, or original application in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest, when, owing to special conditions a literal enforcement of the provisions will result in unnecessary hardship; provided that the spirit of this chapter shall be observed and substantial justice done, as provided in sections 34-136 and 34-137.
(3)
Boundaries. To decide, after notice and hearing, applications for interpretation of the district map where there is any uncertainty as to the location of a district boundary. The board may interpret the map in such way as to carry out the intent and purpose of this chapter for the particular section or district in question. The board shall not have the power to change substantially the locations of district boundaries as established by ordinance.
(4)
Special exceptions. To decide, after notice and hearing, only such special exceptions as the board of zoning appeals is specifically authorized to pass on by the terms set forth in Article II, sections 34-248 and 34-249 (Flood Protection Districts), with such conditions and safeguards as it may deem necessary in the public interest, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with. The board may revoke a special exception if it determines that there has not been compliance with the terms or conditions upon which such special exception was granted.
(9-15-03(3))
A majority of the members of the board of zoning appeals shall constitute a quorum for the transaction of business.
(9-15-03(3))
(a)
Rules. The board shall adopt such rules from time to time as it may deem necessary to carry out the provisions of this chapter.
(b)
Meetings. Meetings of the board shall be held at the call of the chairman, and at such other times as the board may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. The board shall give notice of its meetings in accordance with applicable requirements of the Virginia Freedom of Information Act ("FOIA").
(c)
Records and minutes. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact. It shall keep records of its examinations and other official actions. All such minutes and records shall be filed and maintained in the office of the neighborhood development services and shall be public records, as that term is defined within FOIA, Code of Virginia, § 2-2-3901.
(d)
Reports to council. The board of zoning appeals shall submit a report of its activities to the city council at least once each year.
(9-15-03(3))
(a)
Hearings before the board of zoning appeals shall comply with such reasonable rules and regulations, not inconsistent with this chapter, as the board may from time to time adopt.
(b)
A party to a hearing may appear in person or by agent or by an attorney.
(9-15-03(3))
The concurring vote of three (3) members of the board shall be necessary to reverse any order, requirement, decision or determination of an administrative official or to decide in favor of an applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in the application of this chapter.
(9-15-03(3))
All parties to any proceeding before the board of zoning appeals shall be notified by certified mail of the decision of the board immediately upon its adoption.
(9-15-03(3))
(a)
Petitions for special exceptions, variances or interpretations may be made by any property owner, tenant, government official, department, board or bureau. Such petitions shall be made to the zoning administrator in accordance with the requirements of this chapter and the rules of the board of zoning appeals. The petition and accompanying maps, plans or other information shall be transmitted promptly to the secretary of the board, who shall place the matter on the docket. A copy of the petition shall be sent to the planning commission which may send a recommendation to the board or appear as a party in the hearing. Once a petition has been considered by the board of zoning appeals, the board shall not reconsider substantially the same petition within a period of one (1) year from the date the initial petition was filed with the zoning administrator.
(b)
When a petition for an exception, variance or interpretation of district map or boundaries is filed with the secretary of the board of zoning appeals, the zoning administrator, within three (3) working days of filing of petition, shall post a sign on each lot included in the petition stating that a petition has been filed with the board of zoning appeals for a variance or exception to this chapter. Such signs shall be furnished by the zoning administrator and shall be located so as to be visible from the street or public place. It shall be the duty of the zoning administrator to maintain, or to replace the signs if they are destroyed, until such time as the board of zoning appeals has disposed of the petition.
(c)
The board of zoning appeals shall fix a reasonable time for the hearing of the petition, give public notice thereof as required by Code of Virginia § 15.2-2204, as amended, as well as due notice to the parties in interest, and decide the same within sixty (60) days. Written notice shall be given by the board of zoning appeals at least five (5) days before the hearing to the owner or owners or their agent, of each parcel involved and to the owner or owners or their agents, of all abutting property and property immediately across the street or road from the property affected. When giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail.
(d)
At the public hearing held by the board of zoning appeals on the petition, the zoning administrator may be asked to affirm that such posting has been done; provided, that if such signs are obliterated or destroyed during the period for which they are required to be posted such fact shall not be essential to jurisdiction of the petition by the board of zoning appeals, if the zoning administrator satisfies the board of zoning appeals that such signs were originally properly posted and that such obliteration or destruction occurred without the zoning administrator's knowledge.
(9-15-03(3))
(a)
A variance may be granted where a property owner can show that his property was acquired in good faith and where by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property at the time of the effective date of the ordinance, or where by reason of exceptional topographic conditions or other extraordinary situation or condition of the piece of property, or of the condition, situation or development of property immediately adjacent thereto, the strict application of the terms of the ordinance would effectively prohibit or unreasonably restrict the utilization of the property, or where the board is satisfied, upon the evidence heard by it, that the granting of the variance will alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant.
No such variance shall be authorized by the board unless it finds:
(1)
That the strict application of the ordinance would produce undue hardship;
(2)
That the hardship is not shared generally by other properties in the same zoning district and the same vicinity;
(3)
That the authorization of the variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance; and
(4)
That the condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance.
(b)
No variance shall be authorized except after notice and hearing.
(c)
In authorizing a variance the board may impose such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the public interest, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be in compliance.
(d)
No nonconforming use of neighborhood lands, structures or buildings in the same district, and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance.
(e)
Under no circumstance shall the board grant a variance to allow a use not permitted by this chapter in the district involved or to allow a use not permitted under state law.
(f)
If the board finds, after hearing, that the conditions above enumerated have been satisfied and the board further finds that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure, it may grant the variance. If, for any reason, any of the above findings cannot be made, the board shall deny the petition for a variance. The required findings must be made a part of the board's order.
(9-15-03(3))
(a)
An appeal to the board of zoning appeals may be taken by any aggrieved person or by any officer, department, board or bureau of the city affected by any decision of the zoning administrator or any administrative official in the administration or enforcement of this chapter. The failure or refusal to act of any official administering this chapter shall constitute a decision appealable pursuant to this section.
(b)
Such an appeal shall be taken within thirty (30) days, except as otherwise provided in section 34-111 after the decision appealed from by filing with the zoning administrator or other official, and with the board, a notice of appeal specifying the grounds thereof. Any written notice of a zoning violation or a written order of the zoning administrator dated on or after July 1, 1993 shall include a statement informing the recipient that he may have a right to appeal such notice or order within thirty (30) days in accordance with this section, and that the decision shall be final and unappealable if not appealed within thirty (30) days.
(c)
The official whose action is appealed shall forthwith transmit to the board of zoning appeals, all the papers constituting the records upon which the action appealed from was taken.
(d)
The board of zoning appeals shall fix a reasonable time for the hearing of an application or appeal, give public notice thereof pursuant to Code of Virginia § 15.2-2204, as well as due notice to the parties in interest and decide the same within sixty (60) days.
(e)
In reviewing the actions of administrative officials, the board of zoning appeals may, so long as its action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the official from whom the appeal is taken. The concurring vote of a majority of the members shall be necessary to reverse any order, requirement, decision or determination of an administrative officer or to decide in favor of the applicant on any matter upon which it is required to pass under the ordinance or to effect any variance from this chapter.
(f)
An appeal to the board of zoning appeals from any action of an official taken pursuant to this chapter shall stay the effect of the action appealed from; provided, however, that an appeal shall not operate as a stay if the official performing such action certifies to the board that the public health or safety requires that the action remain in effect pending a decision on the appeal. If such a certification is made to the board, the person pursuing the appeal may contest the accuracy of the certification. The board shall in such case immediately hear and determine the question of whether the action appealed from should be stayed pending a decision on the merits of the appeal.
(9-15-03(3))
Each appeal to the board of zoning appeals shall be accompanied by a fee to defray the expense of processing such appeal, as set forth within the most recent fee schedule adopted by city council. In the event the final decision in the appeal is favorable to the applicant, the city shall refund this fee.
(9-15-03(3))
(a)
Any person or persons jointly or severally aggrieved by any decision of the board of zoning appeals, any taxpayer, or any officer, department, board or bureau of the city may present to the Charlottesville Circuit Court a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the board has rendered its decision. The date of rendition shall be the date on which the board, by vote, makes its ruling and shall not depend on approval, entry or signing of the board's minutes.
(b)
Upon the presentation of such petition, the court shall allow a writ of certiorari directed to the board of zoning appeals and shall prescribe therein the time within which a return thereto must be made and served upon the complaining party's attorney, which shall not be less than ten (10) days and may be extended by the court. Initiation of a review proceeding shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order.
(c)
The board of zoning appeals shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof, or of such portions thereof as may be called for by the court. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
(d)
If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a commissioner to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly or may modify the decision brought up for review.
(e)
Costs shall not be allowed against the board, unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed from.
(f)
All issues in any proceeding under this section shall have preference over all other civil actions and proceedings.
(9-15-03(3))
There are certain uses and developments that by their nature require additional regulation, beyond the general requirements applicable to a particular zoning district, in order to protect the welfare, safety and convenience of the public. These uses may be permitted within a particular zoning district, pursuant to a special use permit approved by the city council.
(9-15-03(3))
(a)
In considering an application for a special use permit, the city council shall consider the following factors:
(1)
Whether the proposed use or development will be harmonious with existing patterns of use and development within the neighborhood;
(2)
Whether the proposed use or development and associated public facilities will substantially conform to the city's comprehensive plan;
(3)
Whether proposed use or development of any buildings or structures will comply with all applicable building code regulations;
(4)
Whether the proposed use or development will have any potentially adverse impacts on the surrounding neighborhood, or the community in general; and if so, whether there are any reasonable conditions of approval that would satisfactorily mitigate such impacts. Potential adverse impacts to be considered include, but are not necessarily limited to, the following:
a.
Traffic or parking congestion;
b.
Noise, lights, dust, odor, fumes, vibration, and other factors which adversely affect the natural environment;
c.
Displacement of existing residents or businesses;
d.
Discouragement of economic development activities that may provide desirable employment or enlarge the tax base;
e.
Undue density of population or intensity of use in relation to the community facilities existing or available;
f.
Reduction in the availability of affordable housing in the neighborhood;
g.
Impact on school population and facilities;
h.
Destruction of or encroachment upon conservation or historic districts;
i.
Conformity with federal, state and local laws, as demonstrated and certified by the applicant; and,
j.
Massing and scale of project.
(5)
Whether the proposed use or development will be in harmony with the purposes of the specific zoning district in which it will be placed;
(6)
Whether the proposed use or development will meet applicable general and specific standards set forth within the zoning ordinance, subdivision regulations, or other city ordinances or regulations; and
(7)
When the property that is the subject of the application for a special use permit is within a design control district, city council shall refer the application to the BAR or ERB, as may be applicable, for recommendations as to whether the proposed use will have an adverse impact on the district, and for recommendations as to reasonable conditions which, if imposed, that would mitigate any such impacts. The BAR or ERB, as applicable, shall return a written report of its recommendations to the city council.
(b)
Any resolution adopted by city council to grant a special use permit shall set forth any reasonable conditions which apply to the approval.
(9-15-03(3); 11-21-05; 2-21-06)
(a)
The procedure for filing and consideration of an application for a special use permit is the same as that required by section 34-41 for an owner-initiated petition for a zoning map amendment, except that a complete application for a special use permit shall also include:
(1)
A site plan when required by section 34-802 of the City Code;
(2)
A written disclosure of the information required by section 34-8 of the City Code and, if the applicant is not the owner of the property, written evidence of his status as (i) the authorized agent of the property owner, or (ii) a contract purchaser of the property whose application is with the permission of the property owner;
(3)
For developments including any non-residential uses, and developments proposing the construction of three (3) or more single- or two-family dwellings, the applicant shall provide a completed low-impact development ("LID") methods worksheet;
(4)
For applications proposing the alteration of the footprint or height of an existing building, or the construction of one (1) or more new buildings: (i) a building massing diagram and (ii) elevations;
(5)
Information and data identifying how many, if any, existing dwelling units on the development site meet the city's definition of an "affordable dwelling unit" and whether any such existing units, or equivalent affordable units, will remain following the development; and
(6)
Other supporting data sufficient to demonstrate compliance with the purposes and standards of this Zoning Ordinance, including, without limitation, graphic materials that illustrate the context of the project as well as information and data addressing the factors set forth within section 34-157 above.
(b)
It shall be the responsibility of the applicant for a special use permit to provide information and data addressing the factors referenced in this section and in section 34-157, above.
(9-15-03(3); 2-21-06; 7-17-06; 9-18-06; 4-19-10; 10-19-15(3))
Each application for a special use permit shall be accompanied by the required application fee, as set forth within the most recent fee schedule approved by city council.
(9-15-03(3))
(a)
The department of neighborhood development services shall review every application for a special use permit and shall make a report of its findings and recommendations to the planning commission and city council.
(b)
The planning commission shall review and make recommendations to city council in the same manner as provided within section 34-41 for an owner-initiated petition for a zoning map amendment. The planning commission may concurrently approve a preliminary site plan, subject to city council's approval of a special use permit, and subject to any necessary amendments to the site plan as a result of the city council's action. Alternatively, the planning commission may choose to defer consideration of a site plan until after council has rendered a final decision on the application for a special use permit.
(9-15-03(3); 1-20-09; Ord. No. 10-19-15(3))
(a)
In order to avoid producing undue hardship on a property owner, the planning commission or city council may initiate a special use permit application when all of the following conditions are met:
(1)
The hardship is not a result of actions of the present or any past property owner in violation of any zoning ordinance;
(2)
The proposed use was established prior to adoption of the current zoning ordinance and was in conformity with the immediately preceding zoning ordinance; and
(3)
The proposed use is allowed pursuant to a special use permit within the current zoning district.
(b)
In the above situations, the application requirements set forth within sections 34-158 and 34-159 shall not apply.
(9-15-03(3))
(a)
In reviewing an application for a special use permit, the city council may expand, modify, reduce or otherwise grant exceptions to yard regulations, standards for higher density, parking standards, and time limitations, provided:
(1)
Such modification or exception will be in harmony with the purposes and intent of this division, the zoning district regulations under which such special use permit is being sought; and
(2)
Such modification or exception is necessary or desirable in view of the particular nature, circumstances, location or situation of the proposed use; and
(3)
No such modification or exception shall be authorized to allow a use that is not otherwise allowed by this chapter within the zoning district in which the subject property is situated.
(b)
The planning commission, in making its recommendations to city council concerning any special use permit application, may include comments or recommendations regarding the advisability or effect of any modifications or exceptions.
(c)
The resolution adopted by city council to grant any special use permit shall set forth any such modifications or exceptions which have been approved.
(9-15-03(3))
A special use permit may be amended following the same procedures as for approval of an original special use permit application.
(9-15-03(3))
(a)
A special use permit, together with any amendments and modifications thereto, shall apply to the property for which it was issued so long as such property is used for the purpose approved within such permit, and shall not be transferable to any other property.
(b)
The validity period of a special use permit associated with new construction shall be consistent with that of the approved preliminary and final site plan pursuant to sections 34-822 and 34-825.
(c)
A special use permit shall expire:
(1)
Eighteen (18) months from the date of approval, by the city council, if no site plan is required and a building permit to construct the authorized improvements has not been approved.
(2)
Eighteen (18) months from the date of approval by the city council, if no building permit is required and the use has not commenced operation in the manner approved by a special use permit.
(3)
Eighteen (18) months from the date of approval by the city council, in the case of proposed new construction, if preliminary site plan approval has not been granted.
(4)
Upon revocation of an approved preliminary site plan or expiration of an approved final site plan, if the special use permit is associated with new construction upon which a valid site plan is required.
(5)
In the event that the use approved by a special use permit once established is not operated for a period of two (2) consecutive years.
(d)
Prior to the expiration of a special use permit, upon written request by the applicant to the director, the director, if he finds that the special use permit is still in compliance with all applicable ordinances and policies, may grant an extension of up to one (1) year. A request for an extension shall be submitted prior to expiration. Written notification of the decision on the extension request shall be provided by the director within fourteen (14) business days.
(e)
A special use permit shall be revocable upon written order of the city council at any time because of the failure of the owner or operator of the use allowed by the permit to observe all requirements with respect to the maintenance and conduct of the use and all conditions in connection with the permit. The city council may revoke the special use permit after notice and hearing as provided by Virginia Code Section 15.2-2204.
(9-15-03(3); 6-7-10(3))
(a)
Infill development is a concept by which the city desires to encourage and permit variation in certain areas within the city's R-1, R-1S, R-2 and R-3 zoning districts, by allowing deviation from the following types of regulations pursuant to a special use permit: minimum lot size and street frontage requirements, dimensional requirements, types of dwellings, density, yard requirements. In an effort to promote a walkable community, to reduce traffic congestion, to improve air quality, and to enhance the viability of downtown businesses, the city seeks to encourage increased density of residential development in central Charlottesville and the Main Street corridor, where access to a variety of transportation options allows for increased density with less impact on traffic and promotes a healthy lifestyle for city residents.
(b)
In reviewing an application for approval of a special use permit authorizing an infill development, in addition to the general considerations applicable to approval of a special use permit the city council and planning commission shall consider whether the application satisfies the following objectives:
(1)
Provision of a variety of housing types, or, within a development containing only a single housing type, inclusion of houses of various sizes, to the end that housing within the development will provide a vibrant neighborhood offering a diverse mix of housing styles and sales prices that are affordable to persons and families in various income ranges;
(2)
Ease of access to and encouragement of the use of public transit services or other alternatives to single-occupancy automobiles (including, without limitation, public pedestrian systems) by persons who live within the development.
(3)
Encouragement of pedestrian and vehicular connectivity within a development, and between a development and adjacent neighborhoods, providing opportunities for residents to live near workplaces, shopping opportunities and conveniences.
(4)
Preservation of cultural features, historic structures and scenic assets and natural features such as trees, streams, drainage ways and topography, or restoration of such assets and features;
(5)
Proximity to public parks and public recreational facilities; and/or
(6)
Creation of a development that is harmonious with the existing uses and character of adjacent property(s), and/or consistent with patterns of development noted with respect to such adjacent property.
(7-17-06; 9-18-06)
(a)
Uses. An infill development may include any one (1) or more uses authorized within the zoning district within which it is situated.
(b)
Maximum size. An infill development may be comprised of one (1) or more lots or parcels of land, having, collectively, not more than two (2) acres. The lots or parcels, and all acreage contained therein, shall be contiguous.
(c)
Location. From time to time, city council may specify area(s) appropriate for infill development on a map. The site of a proposed infill development must be within the infill development area specified on the most recent infill development area map approved by city council. A copy of the most recently approved infill development area map shall be maintained available for public inspection within the city's department of neighborhood development services.
(d)
Environmental impact. The applicant for approval of an infill development must mitigate the impact of increased density through implementation of a Low Impact Development (LID) strategy on the site. An LID worksheet must be completed and submitted along with any application for approval of an infill special use permit, and the LID worksheet must show a minimum score of ten (10) points. The LID worksheet must be verified and signed by the applicant. Prior to the public hearing on an application for approval of an infill special use permit, the city engineer shall review the LID strategy reflected in the worksheet.
(e)
Density. Density within an infill development shall not exceed one and one-half (1.5) times the density already allowed by right in the existing zoning district. Notwithstanding the foregoing, city council may approve additional density of up to two (2) units per acre for an infill development that demonstrates a score of thirteen (13) points or higher on the LID worksheet.
(f)
Application materials. An application for a special use permit authorizing an infill development shall include, in addition to the materials required by section 34-158, the following:
(1)
A narrative statement of how the objectives described within section 34-165(b) will be achieved by the development;
(2)
Analysis of the extent and nature of projected traffic to be generated by the development, as follows: (i) for developments projected to generate less than one hundred (100) trips per day, according to the most recent edition of "Trip Generation," published by the Institute of Transportation Engineers (ITE): an analysis of the extent and nature of the traffic to be generated by the project, prepared by a professional land planner or engineer; or (ii) for developments projected to generate one hundred (100) or more trips per day, according to the most recent edition of "Trip Generation" published by ITE: a traffic study prepared by a traffic engineer; and
(3)
A completed LID worksheet, signed and verified by the applicant.
(4)
Additional information as deemed necessary by the director of neighborhood development services in order to facilitate a thorough review of the potential impacts of the proposed infill development that is the subject of the application. If any applicant fails to demonstrate within his application materials that a proposed infill development meets the minimum requirements specified in section 34-166(a)—(e), above, the application shall be rejected as incomplete.
(7-17-06; 9-18-06)
The amendments to this ordinance approved by city council on July 17, 2006 shall not be applicable to any pending planned unit development rezoning application for which a public hearing had been held before that date.
(9-18-06; 9-18-06)
Special use permit applications considered pursuant to this chapter shall be subject to the affordable dwelling unit requirements of section 34-12 of this Code.
(3-16-09(1))
(a)
There are certain uses and structures, similar to those regulated by the city through special permits, that, by their nature, may have impacts which differ substantially from those uses permitted by right in a particular zoning district, and therefore should be reviewed prior to being established. However, unlike uses regulated through special permits, the impacts of provisional uses are of a nature that is generally recurring, quantifiable and subject to mitigation by imposition of specifically articulated standards. Such uses may be allowed to locate within designated zoning districts under the controls, limitations and regulations of this division.
(b)
The zoning administrator may approve a provisional use permit under the provisions of this division, after concluding that a proposed provisional use complies with the standards prescribed within this division and within Article IX, Division 9, including:
(1)
Accessory apartments, section 34-1171;
(2)
Home occupations, section 34-1172;
(3)
Outdoor storage, section 34-1173;
(4)
Music halls; all-night restaurants, section 34-1174.
(c)
The zoning administrator shall have no authority to vary, modify, or waive any of the regulations or standards prescribed for any use for which a provisional use is required, except that the zoning administrator may waive some or all application submission requirements to the extent such requirements do not apply in a given situation.
(9-15-03(3); 7-19-10)
(a)
An application for a provisional use permit may be made by any person who is a property owner, or by any lessee or contract purchaser of a property.
(b)
The application shall be filed with the zoning administrator on forms provided by the department of neighborhood development services. All information required for evaluation of the application in accordance with the standards of this division shall be supplied and the applicant shall remit the fee established by city council for such permit. No application shall be deemed filed until all submission requirements are deemed by the zoning administrator to have been met.
(c)
The zoning administrator shall approve or disapprove an application for a provisional use permit within forty-five (45) days of filing. In the event the zoning administrator declines to approve any application, the zoning administrator shall clearly identify the deficiencies that are the basis for the denial, by reference to specific zoning ordinance sections and requirements. Further, upon disapproval of an application for a provisional use permit, the zoning administrator shall identify the modifications or corrections that would permit approval of the application.
(d)
Whenever a provisional use permit is denied by the zoning administrator, the applicant may take any of the following actions in lieu of accepting the decision as final:
(1)
Revise the application to satisfy the stated reason for denial, in which event the revised application shall be handled as a new application; or
(2)
Appeal the denial to the board of zoning appeals.
(9-15-03(3))
(a)
A provisional use permit may be revoked by the zoning administrator at any time, due to the failure of the property owner or operator of the provisional use to observe all requirements of this chapter. Notice of revocation shall be made in writing. Any person aggrieved by such notice may appeal the revocation to the board of zoning appeals.
(b)
A provisional use permit shall automatically expire, without any action by the zoning administrator, if the use authorized therein:
(1)
Has been abandoned;
(2)
Has ceased for a period of twelve (12) months; or
(3)
Has not commenced within twelve (12) months of approval.
(9-15-03(3))
(a)
All provisional uses shall satisfy the standards set forth within Article IX, sections 34-1170 through 34-1174, as applicable.
(b)
Issuance of a provisional use permit shall be conditioned upon the applicant's consent to inspections initiated by the zoning administrator to verify compliance with the requirements of this division, and a right of access for the zoning administrator to make such inspections.
(9-15-03(3))
(a)
There are certain temporary uses that by their nature require additional regulation, beyond the general requirements applicable to a particular zoning district, in order to protect the welfare, safety and convenience of the public. The impacts of temporary uses are of a nature that is generally quantifiable and subject to mitigation by imposition of specifically articulated standards. Such uses may be allowed to locate within designated zoning districts under the controls, limitations and regulations of the temporary use permit established by this division.
(b)
The zoning administrator may approve a temporary use permit under the provisions of this division, after concluding that the proposed temporary use complies with the standards prescribed within this division and within Article IX, Division 10, including:
(1)
Outdoor assemblies, section 34-1191;
(2)
Outdoor sales, section 34-1192;
(3)
Amusement enterprises, section 34-1193.
(c)
The zoning administrator shall have no authority to vary, modify, or waive any of the regulations or standards prescribed for any use for which a temporary use is required, except that the zoning administrator may waive some or all application submission requirements to the extent such requirements do not apply in a given situation.
(9-15-03(3))
(a)
An application for a temporary use permit may be made by any person who is a property owner, or by any lessee or contract purchaser of a property.
(b)
The application shall be filed with the zoning administrator on forms provided by the department of neighborhood development services. All information required for evaluation of the application in accordance with the standards of this division shall be supplied and the applicant shall remit the fee established by city council for such permit. No application shall be deemed filed until all submission requirements are deemed by the zoning administrator to have been met.
(c)
The applicant shall provide a plat or drawing showing the location of all signs, structures, outdoor furniture, parking, equipment and lighting to be utilized on a lot or parcel in connection with a proposed temporary use;
(d)
The zoning administrator may require a bond or other suitable guarantee sufficient: (i) to ensure that signs, trash, temporary structures and debris will be removed from the site and from the immediate vicinity of the site; (ii) that the activity will not remain for longer than a temporary period; and (iii) to ensure compliance with applicable provisions of city ordinances. Such bond or guarantee shall be not less than one hundred dollars ($100.00) nor more than one hundred thousand dollars ($100,000.00), depending on the nature and extent of the proposed use.
(1)
The bond or other guarantee shall be forfeited to the city if the site is not adequately cleared of all trash, debris, signs and temporary structures.
(2)
The bond or guarantee shall be forfeited to the city if the activity remains on the site after expiration of the permit.
(3)
The bond shall be forfeited to the city if violations of any applicable city ordinances are established.
(e)
Not more than five (5) temporary use permits shall be issued for the same lot or parcel of land in any calendar year. Each event or activity authorized by a temporary use permit shall be separated by a period of not less than twenty-one (21) consecutive days. No temporary use permit shall be issued to an applicant unless and until at least twenty-one (21) days after a permit issued to that applicant for an adjacent lot or parcel has expired.
(f)
Only one (1) temporary use permit shall be active on any lot or parcel at any time.
(g)
All temporary uses and any appurtenant structures, signs, goods and other features must be set back from an adjacent right-of-way by at least twenty (20) feet.
(h)
All activities to be conducted pursuant to a temporary use permit shall be in compliance with (i) the standards set forth within Article IX, sections 34-1190 through 34-1193, as applicable; and (ii) all applicable city ordinances, permits and approvals, including, without limitation: occupancy permits, peddler's licenses, sign permits, BAR certificates of appropriateness, etc.
(i)
Use of all buildings and structures shall be in compliance with all applicable building code regulations.
(9-15-03(3))
For the purposes enumerated in section 34-3, the city is divided into zoning districts. The zoning districts shall be known as follows:
(1)
Flood Hazard Protection Overlay District.
(2)
Historic Overlay District.
(3)
Entrance Corridor Overlay District.
(4)
Public Park Protection Overlay District.
(5)
R-1 ("single-family") Residential District.
(6)
R-1S ("small lot") Residential District.
(7)
R-1U ("university") Residential District.
(8)
R-1SU (referring to "university, small lot") Residential District.
(9)
R-2 ("two-family") Residential District.
(10)
R-2U ("university") Residential District.
(11)
R-3 ("multifamily") Residential District.
(12)
R-UMD ("university, medium density") Residential District.
(13)
R-UHD ("university, high density") Residential District.
(14)
McIntire Residential Corridor District (MR).
(15)
Manufactured Home Park (MHP).
(16)
B-1 Business District.
(17)
B-2 Business District.
(18)
B-3 Business District.
(19)
Manufacturing/Industrial District (M-I).
(20)
Emmet Street Corridor Commercial District (ES).
(21)
Industrial Corridor District (IC).
(22)
Planned Unit Development Districts (PUD).
(23)
Downtown Corridor Mixed Use District (D).
(24)
Downtown Extended Corridor Mixed Used District (DE).
(25)
North Downtown Corridor Mixed Used District (DN).
(26)
West Main North Corridor Mixed Used District (WMN).
(27)
West Main South Corridor Mixed Used District (WMS).
(28)
Cherry Avenue Corridor Mixed Used District (CH).
(29)
High Street Corridor Mixed Used District (HS).
(30)
Neighborhood Commercial Corridor Mixed Used District (NCC).
(31)
Highway Corridor Mixed Used District (HW).
(32)
Urban Corridor Mixed Used District (URB).
(33)
Central City Corridor Mixed Use District (CC).
(34)
Water Street Corridor District (WSD).
(35)
South Street Corridor Mixed Use District (SS).
(36)
Corner District (CD).
(9-15-03(3); 6-6-05(2); 11-17-08(1); 10-4-10(3))
(a)
This division is adopted pursuant to the authority granted to localities by Code of Virginia § 15.2-2280. This division may be referred to as the city's floodplain ordinance, or as the city's floodplain management regulations.
(b)
The purpose of the regulations set forth within this division is to: prevent loss of life and property; deter the creation of health and safety hazards; prevent disruption of commerce and governmental services; avoid extraordinary and unnecessary expenditure of public funds for flood protection and relief; and prevent erosion of the city's tax base, by:
(1)
Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies;
(2)
Restricting or prohibiting certain uses, activities, and development within areas subject to flooding;
(3)
Requiring all those uses, activities, and developments that do occur in flood-prone areas to be protected and/or flood-proofed against flooding and flood damage;
(4)
Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards; and
(5)
Meeting the requirements of the national flood insurance program, so that lands within the city may qualify for flood insurance availability.
(7-20-15(2), § 1)
(a)
The provisions set forth within this division shall constitute the floodplain management regulations for the City of Charlottesville, and they shall apply to the use and development of all privately and publicly owned lands within the jurisdictional boundaries of the City of Charlottesville which have been identified as areas of special flood hazard (SFHA) in accordance with the data and information set forth within the flood insurance study (FIS) and the accompanying flood insurance rate map (FIRM) provided by the Federal Emergency Management Agency (FEMA) to the city.
(b)
Upon application to the floodplain administrator a permit may be issued for environmental restoration or flood control projects which are (i) designed or directed by the city or by a public body authorized to carry out environmental restoration or flood control measures, (ii) reviewed by the floodplain administrator, the city's VESCP and VSMP administrators, and director of public works, for compliance with the requirements of Chapter 10 of the City Code (Water Protection), and (iii) reviewed by the floodplain administrator for compliance with applicable provisions of this division.
(7-20-15(2), § 1)
(a)
All uses, activities and development occurring within any SFHA, including placement of manufactured homes and other structures, shall be undertaken only upon the issuance of a permit by the city's floodplain administrator. Such permitted uses, activities and development shall be undertaken, conducted and established only in strict compliance with the provisions of this division and with all other applicable codes and ordinances, such as the Virginia USBC, Chapter 10 of the City Code (Water Protection), Chapter 29 of the City Code (Subdivisions) and other articles within this Chapter 34 (zoning).
(b)
The degree of flood protection sought by this division is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study, but does not imply total flood protection. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. The applicability of this division to certain lands does not warrant or imply that areas outside the floodplain, or land uses permitted within the floodplain, will be free from flooding or flood damage.
(c)
The enactment of this division shall not create liability on the part of the city, or any officer or employee thereof, for any flood damage that results from reliance on the regulations set forth herein or any administrative determination lawfully made hereunder.
(d)
The failure of a building, structure or development to be fully compliant with these floodplain management regulations shall constitute a violation of this division. Any building, structure or development without a permit, certification, elevation certificate or other evidence or documentation of compliance required by this division shall be presumed in violation of this division until such evidence or documentation is provided.
(7-20-15(2), § 1)
Records of actions associated with administering this division shall be maintained by the floodplain administrator in accordance with the applicable requirements of federal and state law and regulations.
(7-20-15(2), § 1)
The regulations set forth within this division supersede any regulations currently in effect within any SFHAs. Notwithstanding the foregoing, the regulations of any ordinance remain in full force and effect, to the extent that such regulations are more restrictive.
(7-20-15(2), § 1)
If any section, subsection, paragraph, sentence, clause, or phrase of this division shall be declared invalid for any reason, such decision shall not affect the remaining provisions of this division. The remaining provisions shall be and remain in full force and effect, and for this purpose the provisions of this division are hereby declared to be severable.
(7-20-15(2), § 1)
(a)
Any person who fails to comply with any of the regulations set forth within this division shall be subject to the enforcement provisions set forth within City Code sections 34-81 through 34-89.
(b)
Any person who fails to comply with floodproofing or other requirements of the USBC, or with the requirements of the city's VESCP or VSMP programs, may be subject to the enforcement provisions set forth within the USBC, or Chapter 5 or 10 of the City Code, as applicable.
(c)
In addition to the above-referenced enforcement provisions, all other enforcement actions are hereby reserved to the city, including, without limitation, any action seeking declaratory or injunctive relief. The imposition of a fine or penalty for any violation of, or noncompliance with, this article shall not excuse the violation or noncompliance or permit it to continue, and any person upon whom such a fine or penalty has been imposed shall be required to correct, remedy or abate such violations.
(d)
Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this article may be declared by the city to be a public nuisance and abated as such.
(e)
Flood insurance coverage may be withheld from buildings and structures constructed in violation of this division.
(7-20-15(2), § 1)
(a)
The director of neighborhood development services is hereby designated by city council as the city official responsible for administration of the regulations set forth within this division, and the director is referred to throughout this division as the floodplain administrator. The floodplain administrator is authorized and directed to administer the provisions of this division, and in doing so the floodplain administrator may:
(1)
Perform the duties and responsibilities set forth herein;
(2)
Delegate duties and responsibilities set forth herein to qualified technical personnel, plan examiners, inspectors, and other city officials, employees, or agents;
(3)
Enter into a written agreement or written contract with another locality or independent contractor, to engage such locality or contractor to serve as the city's agent for administration of the provisions of this division, or specific provisions set forth herein; however, administration of any part of these regulations by an agent shall not relieve the city of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program.
(b)
The floodplain administrator, and any person(s) acting pursuant to section 34-247(2) or (3), above, shall have authority to render interpretations of the provisions of this division and to establish policies and procedures in order to clarify the application of these provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code. Interpretations shall be made by means of written determinations. The administrator's determinations may be appealed to the city's board of zoning appeals, in accordance with the procedures provided within sections 34-126 through 34-139 of the City Code. Any person who appeals an interpretation of the boundaries of the city's SFHA, as applied to specific land, may submit independent technical evidence to the board.
(7-20-15(2), § 1)
The duties and responsibilities of the floodplain administrator shall include, but are not limited to:
(1)
Review applications for permits proposing the use or development of land, to determine whether proposed uses, activities, construction and development will be located in a SFHA;
(2)
Interpret floodplain boundaries, and provide BFE and flood hazard information available from the FIS/FIRM or other sources;
(3)
Coordinate with the city's building official, to administer and enforce the flood provisions of the USBC and to review applications to determine whether proposed activities will be reasonably safe from flooding;
(4)
Review applications to determine whether all necessary permits have been obtained from the federal, state or local agencies from which approval is required, including, without limitation: permits from state agencies for any construction, reconstruction, repair, or alteration of a dam, reservoir, or waterway obstruction (including bridges, culverts, structures); any alteration of a watercourse; any change of the course, current, or cross section of a stream or body of water, including any change to any BFE;
(5)
Verify that applicants proposing an alteration of a watercourse have notified adjacent communities, the Virginia Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), and other appropriate agencies as may have authority over such alteration (e.g., the Virginia Department of Environmental Quality, United States Army Corps of Engineers) and have submitted copies of such notifications to FEMA;
(6)
Approve applications and issue permits authorizing development in a SFHA, if the provisions of these regulations have been met, or disapprove applications if the provisions of these regulations have not been met;
(7)
Inspect or cause to be inspected, buildings, structures, and other development for which permits have been issued to determine compliance with these regulations, or to determine if non-compliance has occurred or violations have been committed;
(8)
Review elevation certificates and require incomplete or deficient certificates to be corrected;
(9)
Submit to FEMA, or require applicants to submit to FEMA, data and information necessary to maintain FIRMs, including hydrologic and hydraulic engineering analysis prepared by or for the city, within six (6) months after such data and information becomes available, if the analyses indicate changes in BFEs;
(10)
Maintain and permanently keep records that are necessary for the administration of these regulations, including:
(i)
The FIS/FIRM (including historic studies and maps and current effective studies and maps) and letters of map change; and
(ii)
Documentation supporting issuance and denial of permits, elevation certificates, documentation of the elevation to which structures have been floodproofed, other required design certifications, variances, and records of enforcement actions taken to correct violations of these regulations;
(11)
Enforce the provisions of these regulations, investigate violations, issue notices of violations or stop work orders, and require permit holders to take corrective action;
(12)
Advise the board of zoning appeals regarding the intent of these regulations and, for each application for a variance, prepare a staff report and provide a recommendation;
(13)
Administer the requirements related to proposed work on existing buildings:
(i)
Make determinations as to whether buildings and structures that are located in SFHAs and that are damaged by any cause have been substantially damaged; and
(ii)
Make reasonable efforts to notify owners of substantially damaged structures of the need to obtain a permit to repair, rehabilitate, or reconstruct, and prohibit the non-compliant repair of substantially damaged buildings except for temporary emergency protective measures necessary to secure a property or stabilize a building or structure to prevent additional damage;
(14)
Undertake other actions, as determined appropriate by the floodplain administrator due to the circumstances, including, but not limited to: issuing press releases, public service announcements, and other public information materials related to permit requests and repair of damaged structures; coordinating with federal, state, and other local agencies to assist with substantial damage determinations; providing owners of damaged structures information related to the proper repair of damaged structures in special flood hazard areas; and rendering determinations as to whether specific properties have been substantially or repetitively damaged by flooding.
(15)
Notify FEMA when the corporate boundaries of the city have been modified and:
(i)
Provide a map that clearly delineates the new corporate boundaries or the new area for which the authority to regulate pursuant to these regulations has either been assumed or relinquished through annexation; and
(ii)
If the FIS/FIRM for any annexed area includes SFHAs that have regulatory requirements not set forth in these floodplain management regulations, prepare amendments to adopt appropriate floodplain management regulations for such SFHAs and submit the amendments to the city council for adoption; such adoption shall take place at the same time as, or prior to, the date of annexation and a copy of the amended floodplain management regulations shall be provided to Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and to FEMA;
(16)
Upon the request of FEMA, complete and submit a report concerning participation in the NFIP which may request information regarding the number of buildings in the SFHAs, number of permits issued for development in the SFHAs, and number of variances issued for development in the SFHAs;
(17)
Take into account actual flood, mudslide and flood-related erosion hazards, to the extent that they are known, in all official actions relating to land use, development and management throughout the entire jurisdictional area of the city, whether or not those hazards have been specifically delineated geographically via mapping, surveying, or otherwise.
(7-20-15(2), § 1)
(a)
The floodplain administrator shall make interpretations, where needed, as to the exact location of SFHAs on specific lot(s) or parcel(s) of land, using data and information from the FIS/FIRM, or other data and information permitted by federal law, federal regulations or these floodplain management regulations. Whenever reference is made within this division to delineation of SFHAs, the reference to delineation shall include, without limitation, interpretations of the floodplain administrator. The basis for delineation of SFHAs in relation to specific lot(s) or parcel(s) of land shall be as specified within paragraph (b) of this section and within section 34-254.
(b)
The following shall apply to the use and interpretation of the FIS/FIRM by the floodplain administrator:
(1)
SFHA designations furnished within the FIS/FIRM shall govern the location of such SFHAs;
(2)
Where field surveyed topography indicates that adjacent ground elevations contiguous to the flood hazard boundary are below the BFE, even in areas not delineated as a SFHA within the FIS/FIRM, the area shall be considered as a SFHA and shall be subject to the requirements of these regulations;
(3)
Where field surveyed topography indicates that adjacent ground elevations are above the BFE, the area shall be regulated as a SFHA unless the applicant obtains a LOMR removing the area from the SFHA;
(4)
Within SFHAs designated within the FIS/FIRM, in which BFE and floodway data have not been provided, and in areas where no SFHAs have been designated: any other flood hazard data available from a federal, state, or other source shall be reviewed and reasonably used by the floodplain administrator;
(5)
BFEs and designated floodways identified within the FIS/FIRM shall take precedence over BFEs and floodway boundaries determined using any other sources, if such other sources show reduced floodway widths and/or lower BFE;
(6)
Notwithstanding the foregoing: sources of data other than the FIS/FIRM shall be reasonably used if such sources show increased BFEs and/or larger floodway areas than are identified within the FIS/FIRM;
(7)
If a preliminary FIS/FIRM has been provided by FEMA:
(i)
Upon the issuance of a letter of final determination by FEMA, the preliminary flood hazard data shall be used and shall replace the flood hazard data previously provided by FEMA for the purposes of administering these regulations;
(ii)
Prior to the issuance of a letter of final determination by FEMA, the use of preliminary flood hazard data shall be deemed the best available data and shall be used where no BFEs and/or floodway areas are identified within the effective FIS/FIRM;
(iii)
Prior to issuance of a letter of final determination by FEMA, the use of preliminary flood hazard data is permitted where the preliminary BFEs or floodway areas exceed the BFEs and/or designated floodway widths in the existing flood hazard data provided by FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.
(c)
Any property owner aggrieved by a determination of the floodplain administrator rendered pursuant to this section may appeal such determination to the city's board of zoning appeals.
(7-20-15(2), § 1)
(a)
In the event that, following the adoption of this division, the jurisdictional boundaries of the city are modified by annexation, then the Albemarle County floodplain ordinance in effect on the date of annexation shall remain in effect within the annexed areas, and shall be enforced by the city, until such time as the city adopts a resolution acknowledging and accepting responsibility for enforcing floodplain ordinance standards prior to annexation of any area containing identified flood hazards. If the FIS/FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in these regulations, the city will adopt amendments to these regulations to adopt the FIS/FIRM and appropriate requirements for such area, and such adoption shall take place at the same time as, or prior to, the date of annexation and a copy of the amended regulations shall be provided to the Virginia Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and to FEMA.
(b)
The city will notify the Federal Insurance Administration (FIA) and its Virginia State Coordinating Office in writing, whenever the boundaries of the city have been modified by annexation, or the city has otherwise either assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area. A copy of a map of the city suitable for reproduction, clearly delineating the new corporate limits or new area for which the city has assumed or relinquished floodplain management regulatory authority must be included with the notification.
(7-20-15(2), § 1)
The delineation of any SFHA relative to a specific lot or parcel of land may be revised by the city's floodplain administrator, when natural or manmade changes have occurred; when more detailed studies have been conducted or undertaken by the USACE or other qualified agency; or when a property owner documents the need for such revision. However, prior to any such revision, approval must be obtained from FEMA.
(7-20-15(2), § 1)
A community's BFEs may increase or decrease as a result of physical land changes affecting flooding conditions. As soon as practicable, but not later than six (6) months after the date such information becomes available, the city shall notify FEMA of such changes by submitting technical or scientific data. Such a submission is necessary so that, upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.
(7-20-15(2), § 1)
When development in the floodplain causes, or will cause, a change in any BFE, then the landowner, including any state or federal agency, must notify FEMA by applying for a CLOMR (conditional letter of map revision) and then subsequently, a LOMR (letter of map revision). Examples of circumstances requiring action in accordance with this section include, but are not limited to, the following:
(1)
Any development that causes an increase in the BFEs within a floodway;
(2)
Any development occurring in Zones A and AE without a designated floodway, which will cause a rise of more than one (1) foot in the BFE; and
(3)
Any alteration or relocation of a stream, including but not limited to installation of culverts, bridges and crossings.
(7-20-15(2), § 1)
(a)
The basis for the delineation of the city's SFHA by the city's floodplain administrator shall be the FIS/FIRM (as defined in section 34-1200), including any subsequent revisions or amendments thereto, and other data and information, in accordance with the provisions of section 34-249 and as provided within paragraph (b) of this section.
(1)
The city may identify and regulate LFHAs (local flood hazard or ponding areas) that are not identified within the FIS/FIRM. These LFHAs may be delineated on a LFHM (local flood hazard map) using best available topographic data and locally derived information, such as: flood of record, historic high water marks or approximate study methodologies.
(2)
Upon approval of a LFHM by city council in accordance with the procedures for amendment of the city's zoning district map, the LFHM shall be considered SFHAs subject to the city's floodplain management regulations.
(b)
The city's SFHA shall consist of AE Zones and A Zones, as defined within section 34-1200.
(c)
AE Zone requirements. The following provisions shall apply within AE zones:
(i)
Until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the BFE more than one (1) foot at any point within the city.
(ii)
Development activities which increase the BFE by more than one (1) foot may be permitted, provided that the applicant first applies, with the endorsement of the floodplain administrator on a community acknowledgement form, for a CLOMR and receives the approval of FEMA.
(iii)
All new construction and substantial improvements shall comply with all applicable regulations set forth within this division, including, without limitation, sections 34-256 to 34-261.
(d)
A Zone Requirements. The following provisions shall apply within A Zones:
(i)
The floodplain administrator shall obtain, review and reasonably utilize any BFEs and floodway information from federal, state, and other acceptable sources, when available. Where the specific BFE cannot be determined within this area using other sources of data, such as the U.S. Army Corps of Engineers Floodplain Information Reports, U.S. Geological Survey Floodprone Quadrangles, etc., then the applicant for a proposed use, activity or development shall determine the BFE. The applicant shall use federal, state and other sources of information acceptable to the floodplain administrator, and shall use technical methods in accordance with subparagraph (ii), below, for any development that involves five (5) acres or fifty (50) lots (whichever is less). However the floodplain administrator may require the use of technical methods for other uses, activities or developments, as appropriate to achieve the purposes of this division.
(ii)
Technical methods shall correctly reflect currently accepted non-detailed technical concepts, consistent with methods used in the FIS, such as flood hazard analyses, point on boundary, known high water marks from past floods, or detailed methodologies including hydrologic and hydraulic engineering analysis. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the floodplain administrator.
(iii)
The floodplain administrator shall have the authority to require hydrologic and hydraulic engineering analysis for any development and to determine the BFE. When such BFE data is utilized, the lowest floor shall be elevated to or above a point that is one (1) foot above the BFE. During the permitting process the floodplain administrator shall obtain the elevation of the lowest floor (including the basement) of all new and substantially improved structures; and, if the structure has been flood-proofed in accordance with the requirements of this division, documentation of the elevation to which the structure has been flood-proofed.
(iv)
Upon establishment of a BFE and floodway in accordance with this section, development within an approximated floodplain shall be subject to the requirements of paragraphs (b)(1) and (b)(2) of this section, as applicable.
(e)
Floodway requirements. The following provisions shall apply within a floodway:
(i)
Within a floodway, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic engineering analysis that the proposed encroachment will not result in any increased flood levels within the community, affect normal flood flow, increase erosion within or adjoining to the floodway, cause the diversion of flood waters during the occurrence of the base flood discharge, increase peak flows or velocities in a manner likely to lead to added property damage or hazards to life, or increase the amounts of damaging materials that might be transported in floods during the occurrence of the base flood discharge. Hydrologic and hydraulic engineering analysis shall include an engineer's certification that the technical methods used correctly reflect currently-accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the floodplain administrator.
(ii)
The placement of manufactured homes is prohibited, except that, in an existing manufactured home park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the encroachment standards of section (iii), below, are met and provided further that the requirements of section 34-258(4) are satisfied.
(iii)
Development or uses which increase the BFE may be permitted, provided that the applicant first applies — with the endorsement of the floodplain administrator on a community acknowledgement form—for a CLOMR in accordance with section 34-253 and receives the approval of FEMA.
(iv)
All new construction and substantial improvements shall comply with all applicable regulations within this division, including, without limitation, sections 34-256 to 34-261.
(v)
Subject to compliance with (i), above, and other applicable provisions of these floodplain regulations, the following uses may be permitted by the floodplain administrator within a floodway, if otherwise allowed within the underlying zoning district classification, so long as they do not require any new structure(s): fill, dumping of materials or waste, storage of materials or equipment; (A) agricultural uses and (B) outdoor recreational uses; (C) open uses, such private alleys and driveways, off-street parking, and loading areas related to uses outside the floodway; and (D) public facilities, including public streets and alleys, railroads, bridges, and facilities of public service corporations.
(vi)
The following uses may be permitted within a floodway, following the approval of a special exception granted by the board of zoning appeals, if such use is otherwise allowed within the underlying zoning district classification: (A) accessory uses; (B) uses which may be authorized by a temporary use permit; (C) lots for the sale of new and used cars, trucks, farm equipment, campers, mobile homes; boats; (D) marinas, boat rentals, docks, piers, wharves; and (E) storage yards for non-floatable and readily transportable equipment or machinery. Prior to granting any such special exception, in addition to any other standards to be applied by the board of zoning appeals, the board of zoning appeals must find that the requirements of subsection (i), above are satisfied.
(7-20-15(2), § 1)
(a)
The requirements of this division shall govern the use and development of land within SFHAs, and these floodplain management regulations shall apply within SFHAs in addition to the regulations of any other district(s) enumerated in city code section 34-216 and in addition to other development regulations set forth within Chapters 34 (zoning) or 29 (subdivisions).
(b)
If there is any conflict between the provisions of this division and the requirements of any other ordinance, law, or regulation, the provisions of section 34-6(b) shall govern the interpretation of the conflicting provisions.
(7-20-15(2), § 1)
(a)
Permit required. No use, activity or development shall be established or conducted within any SFHA, except upon the approval of a permit by the floodplain administrator. Under no circumstances shall a permit be issued to authorize any use, activity, and/or development that would adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system. Every permit approved by the floodplain administrator shall be subject to the conditions set forth within section 34-257 of this division.
(b)
Applications. Every application seeking a permit from the floodplain administrator, and all other applications seeking an approval from the city allowing the use or development of land, or authorizing any land disturbing activity, within any SFHA shall include the following information:
(1)
The BFE at the site, obtained from the FIS/FIRM or, if not established on the FIS/FIRM, established in accordance with section 34-254(b)(2);
(2)
The proposed elevation of the lowest floor (including basement);
(3)
For structures to be flood-proofed (non-residential only), the elevation to which the structure will be flood-proofed;
(4)
Information from a topographic survey, showing existing and proposed ground elevations; and
(5)
Documentation or evidence of the location of the applicable SFHA, as determined in accordance with sections 34-249 and 34-254(b)(2).
(7-20-15(2), § 1)
The following provisions shall each apply as a condition of the validity of every permit approved by the floodplain administrator:
(1)
New construction and substantial improvements shall be performed in accordance with the requirements of this division and the USBC, and shall be anchored as necessary to prevent flotation, collapse or lateral movement of the structure;
(2)
Manufactured homes shall be securely anchored to an adequately anchored foundation system, to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement shall be in addition to and consistent with applicable state anchoring requirements for resisting wind forces;
(3)
New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage;
(4)
New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;
(5)
Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;
(6)
New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
(7)
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters;
(8)
On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding and approved by the local health department;
(9)
In all SFHAs, the following requirements shall apply:
(i)
Prior to any proposed alteration or relocation of any wet channels or of any watercourse, stream, etc., within this jurisdiction a permit shall be obtained from the USACE, VADEQ, and the VAMRC (a joint permit application is available from any of these organizations). Furthermore, in riverine areas, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the VADCR (Division of Dam Safety and Floodplain Management), other required agencies, and FEMA.
(ii)
The flood carrying capacity within an altered or relocated portion of any watercourse shall be maintained.
(7-20-15(2), § 1)
In all SFHAs where BFEs have been provided in the FIS/FIRM or established in accordance with section 34-254, above, the following provisions shall apply:
(1)
Residential construction. New construction or substantial improvement of any residential structure (including manufactured homes) in Zones AE and A with detailed base flood elevations shall have the lowest floor, including basement, elevated to or above a point that is one (1) foot above the BFE.
(2)
Non-residential construction. New construction or substantial improvement of any commercial, industrial, or other non-residential building (including manufactured homes) shall have the lowest floor, including basement, elevated to or above a point that is one (1) foot above the BFE. Non-residential buildings may be flood-proofed in lieu of being elevated, provided that all areas of the building components below the elevation corresponding to the BFE, plus one (1) foot, are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A professional engineer or architect licensed by the Commonwealth of Virginia shall certify that the standards of this subsection are satisfied. Such certification, including the specific elevation to which such structures are floodproofed, shall be provided at the time the finished floor is completed. An elevation certificate shall be provided and maintained by the floodplain administrator within the records required by this division.
(3)
Space below the lowest floor. In the SFHAs, any fully enclosed areas of new construction or of substantially improved structures, which are below the lowest floor:
(i)
Shall not be designed or used for human habitation, but shall only be used for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator); and
(ii)
Shall be constructed entirely of flood resistant materials below the lowest floor, and shall include measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings shall either be certified by a professional engineer or architect licensed by the Commonwealth of Virginia, or must meet or exceed the minimum design and installation criteria referenced in subparagraphs (iii)—(viii) below.
(iii)
There must be provided a minimum of two (2) openings on different sides of each enclosed area subject to flooding.
(iv)
The total net area of all openings must be at least one (1) square inch for each square foot of enclosed floor area subject to flooding.
(v)
If a building has more than one (1) enclosed area, each area must have openings to allow floodwaters to automatically enter and exit.
(vi)
The bottom of all required openings shall be no higher than one (1) foot above the adjacent grade.
(vii)
Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions.
(viii)
Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above.
(4)
Manufactured homes and recreational vehicles:
(i)
All manufactured homes placed, or substantially improved, on individual lots or parcels, must meet all the requirements for new construction, including, without limitation, applicable elevation and anchoring requirements referenced in section 34-257 and this section 34-258.
(ii)
All recreational vehicles placed on a site within an SFHA must: be on the site for fewer than one hundred eighty (180) consecutive days and must either: be fully licensed and ready for highway use, or meet all the elevation and anchoring requirements set forth within this division for manufactured homes.
(5)
New above-ground storage tanks. All above-ground propane storage tanks, including new tanks installed to replace an existing tank, must meet the following requirements:
(i)
Tanks that are associated with new or existing utility service or that are attached to or located under a building, tank inlets, fill openings, outlets, and vents, shall be elevated above the elevation specified in ASCE/SEI 24.05 or most current standard.
(ii)
Tanks shall be designed, constructed, installed, and anchored to resist the potential buoyant and other flood forces acting on an empty tank during design flood conditions.
(6)
Placement of fill materials—in addition to other applicable requirements set forth within this division, proposed development that involves or includes the use of fill shall meet the following requirements:
(i)
Fill shall be of a material that does not pollute surface water or groundwater;
(ii)
Fill shall be the minimum amount necessary to achieve the intended purpose. The application for a permit shall include a statement of the intended purpose of the proposed fill; provided, however, that if the purpose of the fill is to achieve elevation requirements of this division, the permit application shall include a geotechnical engineer's certified analysis of alternative elevation methods;
(iii)
The application for a permit shall include the compaction specifications to be utilized in the placement of the fill, along with the location and dimensions of the proposed fill area(s); the amount, type and source of fill material; and the certification of a geotechnical and/or structural engineer that the quantity of proposed fill is the minimum necessary to achieve the intended purpose of the fill; and
(iv)
The area(s) proposed for fill shall be effectively protected against erosion, by measures described within an erosion and sediment control plan approved pursuant to Chapter 10 of the city code. For a development that is not subject to the requirement for an erosion and sediment control plan, the fill area(s) shall be protected by vegetative cover, riprap, gabions, bulkhead or other method(s) deemed necessary by the administrator that the proposed development will be reasonably safe from flooding and does not create any health or safety hazards.
(7-20-15(2), § 1)
(a)
All proposed subdivisions and other developments shall be designed in a manner consistent with the need to minimize flood damage;
(b)
All proposed subdivisions and other developments shall have public utilities and facilities such as sewer, gas, electrical and water systems located and designed for construction in a manner that will minimize flood damage;
(c)
All proposed subdivisions and other developments shall provide drainage adequate to reduce exposure to flood hazards, and
(d)
All final development plans for commercial, industrial, or residential developments shall include BFE data obtained from the FIS/FIRM or established using detailed technical methods referenced within section 34-254(b)(2).
(7-20-15(2), § 1)
(a)
A structure, or use of a structure or premises, located within an SFHA and which lawfully existed before the enactment of this division, but which is not in conformity with the regulations of this division, may be continued subject to the following conditions:
(1)
Existing structures and uses in the floodway area shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic engineering analysis performed in accordance with standard engineering practices that the proposed expansion or enlargement would not increase the BFE.
(2)
Substantial improvements to an existing structure, or use of an existing structure, shall be allowed only if the entire structure, inclusive of such improvements, will conform to the USBC and applicable provisions of this division.
(3)
Except as provided in (1) and (2), preceding above, any other modification, alteration, repair, reconstruction, or improvement to an existing structure, or use of an existing structure, of any kind, shall conform to the USBC and applicable provisions of this division.
(b)
For any application seeking a permit for work referenced within (a)(2) or (a)(3), above, the floodplain administrator, in coordination with the building official, shall:
(1)
Estimate market value, or require the applicant to obtain a professional appraisal, prepared by a qualified independent appraiser, of the fair market value of the building or structure before the start of construction of the proposed work. In the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;
(2)
Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure;
(3)
Determine and document whether the proposed work constitutes substantial improvement, or repair of substantial damage; and
(4)
If the floodplain administrator determines that the work constitutes substantial improvement, or repair of substantial damage, he or she shall notify the applicant that compliance with the flood resistant construction requirements of this division and of the USBC is required.
(7-20-15(2), § 1)
(a)
Variances shall be granted by the BZA only upon a determination (i) that a failure to grant the variance would result in exceptional hardship to the applicant; (ii) that the granting of such variance will not result in unacceptable or prohibited increases in flood heights, additional threats to public safety, extraordinary public expense, any nuisances, any fraud or victimization of the public, or any conflict with federal, state or city laws, regulations or ordinances. Variances shall be issued only after the board of zoning appeals has determined that the variance will be the minimum required to provide relief.
(b)
Generally, the granting of variances will be limited to lots having a size of less than one-half (½) acre; however, circumstances may require the BZA to deviate from this general provision. However, as the lot size increases beyond one-half (½) acre, the technical justification required for issuing a variance increases. Variances may be issued by the BZA for new construction or substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the BFE, in conformance with the provisions of this section.
(c)
Variances may be granted by the BZA for new construction, substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that the criteria of this section are met, and the structure, use or other development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.
(d)
In considering applications for variances, the BZA shall consider relevant factors and procedures specified by state statutes and city ordinances, and the BZA shall also consider the following additional factors:
(1)
The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any floodway that will increase the BFE.
(2)
The danger that materials may be swept on to other lands or downstream to the injury of others.
(3)
The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
(4)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
(5)
The importance of the services provided by the proposed facility to the community.
(6)
The requirements of the facility for a waterfront location.
(7)
The availability of alternative locations not subject to flooding for the proposed use.
(8)
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
(9)
The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.
(10)
The safety of access by ordinary and emergency vehicles to the property in time of flood.
(11)
The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.
(12)
The historic nature of a structure. Variances for repair or rehabilitation of historic structures may be granted upon the additional determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the proposed variance is the minimum necessary to preserve the historic character and design of the structure.
(13)
Such other factors which are relevant to the purposes of this division.
(e)
The BZA may refer any application for a variance, and accompanying documentation, to a professional engineer licensed by the Commonwealth of Virginia, or other qualified person or agency, for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters.
(f)
The board of zoning appeals shall notify the applicant for a variance, in writing, that the approval of a variance to construct a structure below the BFE increases the risks to life and property and will result in increased premium rates for flood insurance. A record shall be maintained by the floodplain administrator of this notification as well as all actions of the BZA pursuant to this section, including justification for the issuance of the variances. Any variances approved by the BZA shall be noted in the annual or biennial report submitted by the floodplain administrator to the Federal Insurance Administrator.
(7-20-15(2), § 1)
The City of Charlottesville seeks, through the establishment of its several historic districts and through the protection of individually significant properties, to protect community health and safety, to promote the education, prosperity and general welfare of the public through the identification, preservation and enhancement of buildings, structures, landscapes, settings, neighborhoods, places and features with special historical, cultural and architectural significance. To achieve these general purposes, the City of Charlottesville seeks to pursue the following specific purposes:
(1)
To preserve and protect buildings, structures and properties which serve as important visible reminders of the historic, cultural, and architectural or archaeological heritage of this city, the Commonwealth of Virginia, or this nation;
(2)
To assure that, within the city's historic districts, new structures, additions, landscaping and related elements will be in harmony with their setting and environs;
(3)
To promote local historic preservation efforts through the identification and protection of historic resources throughout the city;
(4)
To maintain and improve property values by providing incentives for the upkeep, rehabilitation and restoration of older structures in a safe and healthful manner, and by encouraging desirable uses and forms of development that will lead to the continuance, conservation and improvement of the city's historic, cultural and architectural resources and institutions within their settings;
(5)
To promote tourism and enhance business and industry, and to promote an enhanced quality of life within the city, through protection of historic, cultural and archaeological resources.
(9-15-03(3))
The following areas have been determined by city council to be of unique architectural and/or historic value, and are hereby designated as major architectural design control districts, the limits of which are shown on the city's zoning map:
(1)
District A (the Downtown Architectural Design control District, "DADC"): All buildings within this overlay district are deemed by city council to be "contributing structures," except that, with respect to certain properties added to this district on or after January 17, 2006, city council has designated only certain buildings as "contributing structures," as specifically identified on a map included within the design guidelines for this district, a copy of which is available within the department of neighborhood development services."
(2)
District B (the North Downtown Architectural Design Control District, ("ADC"): All buildings within this overlay district are deemed by city council to be "contributing structures," except that, with respect to certain properties added to this district on or after January 17, 2006, city council has designated only certain buildings as "contributing structures," as specifically identified on a map included within the design guidelines for this district, a copy of which is available within the department of neighborhood development services.
(3)
District C (the Ridge Street Architectural Design Control District): All buildings within this overlay district are deemed by city council to be "contributing structures."
(4)
District D (the West Main Street Architectural Design Control District): City Council has designated only certain buildings within this overlay district as "contributing structures." Those contributing structures are identified on a map included within the Design Guidelines, a copy of which is available within the department of neighborhood development services.
(5)
District E (the Wertland Street Architectural Design Control District): All buildings within this overlay district are deemed to be "contributing structures."
(6)
District F (the Corner Architectural Design Control District): City council has designated only certain buildings within this overlay district as contributing structures. Those contributing structures are identified on a map included within the design guidelines, a copy of which is available within the department of neighborhood development services.
(7)
District G (the Oakhurst-Gildersleeve Neighborhood Architectural Design Control District): City council has designated only certain buildings within this overlay district as contributing structures. Those contributing structures are identified on a map included within the design guidelines, a copy of which is available within the department of neighborhood development services.
(8)
District H (Rugby Road—University Circle—Venable Neighborhood Architectural Design Control District): City council has designated only certain buildings within this overlay district as contributing structures. Those contributing structures are identified on a map included within the design guidelines, a copy of which is available within the department of neighborhood development services.
(9-15-03(3); 11-17-03, § 1; 2-7-05, § 1; 1-17-06(4), § 1; 1-17-06(5), § 1)
(a)
The City of Charlottesville seeks, through the creation of a protected property list, to protect community health and safety and to promote the education, prosperity and general welfare of the public, through identification, preservation, protection and enhancement of certain buildings, structures, and landmarks, together with their landscapes and settings, which are of special historic, cultural, or architectural significance, and which are located outside the city's major design control districts. To achieve these general purposes, the city seeks to pursue the following goals and objectives:
(1)
To enrich the quality of life for city residents, by protecting familiar landmarks and other treasured elements of the city;
(2)
To protect historic and cultural resources, and thereby to promote tourism and to enhance business and industry;
(3)
To maintain and improve property values by providing incentives for the upkeep, rehabilitation and restoration of historically and culturally significant structures;
(4)
To promote local historic preservation efforts through identification and protection of historic resources throughout the city;
(5)
To encourage nomination of historic properties to the National Register of Historic Places and the Virginia Landmarks Register; and
(6)
To assure that additions, alterations, restorations, landscaping and related elements be in harmony with a building or structure and its setting.
(b)
Following is a list of landmarks, buildings and structures outside the city's major design control districts, which are deemed by city council to be of special historic, cultural, or architectural value (each, individually, a "Protected Property"). Each parcel containing a protected property is hereby designated a minor design control district.
| 1. | 759 | Belmont Avenue | Tax Map 58 | Parcel 172 |
| 2. | 123 | Bollingwood Road | Tax Map 7 | Parcel 22 |
| 3. | 1102 | Carlton Avenue | Tax Map 56 | Parcel 86, Lots 1, 2, 3 |
| 4. | 133—155 | Carlton Road | Tax Map 57 | Parcel 157 (portion) |
| 5. | 907 | Cottage Lane | Tax Map 2 | Parcel 54.3 |
| 6. | 908 | Cottage Lane | Tax Map 2 | Parcel 25 |
| 7. | 909 | Cottage Lane | Tax Map 2 | Parcel 54.4 |
| 8. | 513 | Dice Street | Tax Map 29 | Parcel 63.1 |
| 9. | 402 | Dice Street | Tax Map 29 | Parcel 124 |
| 10. | 406 | Dice Street | Tax Map 29 | Parcel 122 |
| 11. | 410 | Dice Street | Tax Map 29 | Parcel 119 |
| 12. | 412 | Dice Street | Tax Map 29 | Parcel 118 |
| 13. | 210 | Eighth Street, NE | Tax Map 53 | Parcel 173.23 |
| 14. | 901 | Emmet Street | Tax Map 1 | Parcel 1 (portion) |
| 15. | 200 | Fifteenth Street, N.W. | Tax Map 9 | Parcel 71 |
| 16. | 205 | Fifth Street, S.W. | Tax Map 29 | Parcel 69 |
| 17. | 217 | Fifth Street, S.W. | Tax Map 29 | Parcel 66 |
| 18. | 301 | Fifth Street, S.W. | Tax Map 29 | Parcel 104 |
| 19. | 418 | Fifth Street, S.W. | Tax Map 29 | Parcel 161 |
| 20. | 201 | Fourteenth Street, N.W. | Tax Map 9 | Parcel 73 |
| 21. | 233 | Fourth Street, N.W. | Tax Map 32 | Parcel 89 |
| 22. | 223 | Fourth Street, SW | Tax Map 29 | Parcel 42 |
| 23. | 1602 | Gordon Avenue | Tax Map 9 | Parcel 13 |
| 24. | 946 | Grady Avenue | Tax Map 31 | Parcel 60 (portion) |
| 25. | 1022 | Grove Street (formerly 1212) | Tax Map 23 | Parcel 38 |
| 26. | 700 | Harris Street | Tax Map 35 | Parcel 132 |
| 27. | 204 | Hartman's Mill Road | Tax Map 26 | Parcel 38 |
| 28. | 208 | Hartman's Mill Road | Tax Map 36 | Parcel 36 |
| 29. | 801 | High Street, East | Tax Map 53 | Parcel 194 |
| 30. | 1404 | Jefferson Park Avenue | Tax Map 11 | Parcel 112 |
| 31. | 2115 | Jefferson Park Avenue | Tax Map 17 | Parcel 88 |
| 32. | 1201 | Jefferson Street, East | Tax Map 54 | Parcel 212 |
| 33. | 800 | Jefferson Street, East | Tax Map 53 | Parcel 173.22 |
| 34. | 901 | Jefferson Street, East | Tax Map 53 | Parcel 261 |
| 35. | 1615 | Keith Valley Road | Tax Map 41A | Parcel 46 |
| 36. | 114 | Lankford Avenue | Tax Map 26 | Parcel 10 |
| 37. | 214 | Lankford Avenue | Tax Map 26 | Parcel 1 |
| 38. | 459 | Locust Avenue | Tax Map 53 | Parcel 234 (portion) |
| 39. | 810 | Locust Avenue | Tax Map 51 | Parcel 74 |
| 40. | 700 | Lyons Avenue | Tax Map 52 | Parcel 26 |
| 41. | 610 | Lyons Court | Tax Map 52 | Parcel 78 |
| 42. | 706 | Lyons Court Lane | Tax Map 52 | Parcel 77 |
| 43. | 1118 | Market Street, East | Tax Map 54 | Parcel 150 |
| 44. | 1512 | Market Street, East | Tax Map 56 | Parcel 40.4 |
| 45. | 1819 | Market Street East | Tax Map 55A | Parcel 146 |
| 46. | 1901 | Market Street, East | Tax Map 55A | Parcel 149 |
| 47. | 224 | Ninth Street, SW | Tax Map 30 | Parcel 65 |
| 48. | 501 | Ninth Street, SW | Tax Map 30 | Parcel 169 |
| 49. | 1105 | Park Street | Tax Map 47 | Parcel 7 |
| 50. | 1108 | Park Street | Tax Map 47 | Parcel 49 |
| 51. | 1112 | Park Street | Tax Map 47 | Parcel 50 |
| 52. | 608 | Preston Avenue | Tax Map 32 | Parcel 14 |
| 53. | 722 | Preston Avenue | Tax Map 31 | Parcel 38 (portion) |
| 54. | 1010 | Preston Avenue | Tax Map 4 | Parcel 41 |
| 55. | 605 | Preston Place | Tax Map 5 | Parcel 111 |
| 56. | 611 | Preston Place | Tax Map 5 | Parcel 112 |
| 57. | 620 | Prospect Avenue (formerly 620 7½ Street) | Tax Map 25 | Parcel 2 |
| 58. | 752 | Ridge Street | Tax Map 25 | Parcel 79 |
| 59. | 212 | Rosser Avenue | Tax Map 3 | Parcel 107 |
| 60. | 818 | Ridge Street | Tax Map 25 | Parcel 102 |
| 61. | 1328 | Riverdale Drive | Tax Map 50 | Parcel 5 |
| 62. | 202 | Riverside Avenue | Tax Map 55A | Parcel 148 |
| 63. | 1204 | Rugby Road | Tax Map 38 | Parcel 134 |
| 64. | 1314 | Rugby Road | Tax Map 38 | Parcel 92 |
| 65. | 204 | Seventh Street, SW | Tax Map 29 | Parcel 73 |
| 66. | 208 | Seventh Street, SW | Tax Map 29 | Parcel 74 |
| 67. | 201 | Sixth Street, NW | Tax Map 32 | Parcel 124 |
| 68. | 327 | Sixth Street, SW | Tax Map 29 | Parcel 188 |
| 69. | 209—211 | Sprigg Lane | Tax Map 8 | Parcel 28 |
| 69.1. | 104 | Stadium Road | Tax Map 16 | Parcel 2 |
| 70. | 214 | Stribling Avenue | Tax Map 18A | Parcel 33 |
| 71. | 134 | Tenth Street, N.W. | Tax Map 31 | Parcel 56 |
| 72. | 309 | Twelfth Street, NE | Tax Map 54 | Parcel 211 |
| 73. | 1 | University Court | Tax Map 9 | Parcel 44 |
| 74. | 603 | Watson Avenue | Tax Map 47 | Parcel 43 |
| 75. | 212 | Wine Street | Tax Map 33 | Parcel 32 |
(6-6-05(2); 12-18-06(2), § 2; 9-15-08(3); 11-3-08(3), § 2; 4-18-11(1), § 2; 9-19-11(1), § 2)
(a)
City council may, by ordinance, from time to time, designate additional properties and areas for inclusion within a major design control district; remove properties from a major design control district; designate individual buildings, structures or landmarks as protected properties; or remove individual buildings, structure or landmarks from the city's list of protected properties. Any such action shall be undertaken following the rules and procedures applicable to the adoption of amendments to the city's zoning ordinance and zoning map.
(b)
Prior to the adoption of any such ordinance, the city council shall consider the recommendations of the planning commission and the board of architectural review ("BAR") as to the proposed addition, removal or designation. The commission and BAR shall address the following criteria in making their recommendations:
(1)
The historic, architectural or cultural significance, if any, of a building, structure or site and whether it has been listed on the National Register of Historic Places or the Virginia Landmarks Register;
(2)
The association of the building, structure or site with an historic person or event or with a renowned architect or master craftsman;
(3)
The overall aesthetic quality of the building, structure or site and whether it is or would be an integral part of an existing design control district;
(4)
The age and condition of a building or structure;
(5)
Whether a building or structure is of old or distinctive design, texture and material;
(6)
The degree to which the distinguishing character, qualities or materials of a building, structure or site have been retained;
(7)
Whether a building or structure, or any of its features, represents an infrequent or the first or last remaining example of a particular detail or type of architecture in the city;
(8)
Whether a building or structure is part of a geographically definable area within which there exists a significant concentration or continuity of buildings or structures that are linked by past events or, aesthetically, by plan or physical development, or within which there exist a number of buildings or structures separated geographically but linked by association or history.
(9-15-03(3))
(a)
No building or structure within any major design control district, and no protected property, shall be constructed, reconstructed, altered or restored unless and until an application for a certificate of appropriateness is approved. No vendor stand shall be located or operated within a major architectural design control district unless and until a certificate of appropriateness is issued pursuant to section 28-119 of the City Code. All certificates of appropriateness shall be conditioned upon compliance with the requirements set forth within Chapter 28, Article IV of the City Code (Street Vendors, Generally).
(b)
Review of the proposed construction, reconstruction, alteration or restoration of a building or structure shall be limited to: (i) exterior architectural features, including signs, and (ii) the factors specified in section 34-276. The BAR or council on appeal may make such requirements for, and conditions of approval as are necessary or desirable to prevent any construction, reconstruction, alteration or restoration which would be architecturally incompatible with the character of the major design control district or protected property, as may be applicable. Prior to attaching conditions to an approval, due consideration shall be given to the cost of compliance with the proposed conditions.
(c)
The following shall be exempt from the requirement of a certificate of appropriateness:
(1)
Interior features, details, alterations and improvements;
(2)
Ordinary maintenance or repair of exterior elements or features; and
(3)
Construction, reconstruction, alteration, repair or other improvements to a building or structure made pursuant to an order of correction issued by the city's building code official, upon a determination by the city's building code official that a building or structure is an "unsafe structure," as that term is defined by the state's building code and regulations. In the event any such order or determination is issued with respect to a building or structure subject to BAR review pursuant to this division, the director of neighborhood development services shall notify the BAR of any alterations or repairs ordered by the building code official.
(9-15-03(3); 12-1-03(2))
The following features and factors shall be considered in determining the appropriateness of proposed construction, reconstruction, alteration or restoration of buildings or structures pursuant to section 34-275 above:
(1)
Whether the material, texture, color, height, scale, mass and placement of the proposed addition, modification or construction are visually and architecturally compatible with the site and the applicable design control district;
(2)
The harmony of the proposed change in terms of overall proportion and the size and placement of entrances, windows, awnings, exterior stairs and signs;
(3)
The Secretary of the Interior Standards for Rehabilitation set forth within the Code of Federal Regulations (36 C.F.R. §67.7(b)), as may be relevant;
(4)
The effect of the proposed change on the historic district neighborhood;
(5)
The impact of the proposed change on other protected features on the property, such as gardens, landscaping, fences, walls and walks;
(6)
Whether the proposed method of construction, renovation or restoration could have an adverse impact on the structure or site, or adjacent buildings or structures;
(7)
When reviewing any proposed sign as part of an application under consideration, the standards set forth within Article IX, sections 34-1020, et seq. shall be applied; and
(8)
Any applicable provisions of the city's design guidelines (see section 34-288(6)).
(9-15-03(3))
(a)
No contributing structure located within a major design control district, and no protected property, shall be moved, removed, encapsulated or demolished (in whole or in part) unless and until an application for a certificate of appropriateness has been approved by the BAR, or the city council on appeal, except that:
(1)
The moving, removing, encapsulating or demolition, in whole or in part, of any contributing structure or protected property shall be allowed pursuant to an order of the city's building code official, without the permission of the BAR or city council on appeal, upon the determination of the building code official that the building or structure is in such a dangerous, hazardous or unsafe condition that it could reasonably be expected to cause death or serious injury before review under the provisions of this article. Upon such a determination, the building code official shall deliver a copy of his order to the director of neighborhood development services and to the chairman of the BAR; and
(2)
Where the moving, removing, encapsulation or demolition of any contributing structure or protected property will disturb or affect fewer than twenty-five (25) square feet, total, of exterior wall, roof or other exterior surfaces, such activity shall be deemed an alteration subject to the review process set forth within section 34-275, above.
(b)
Review of the proposed moving, removing, encapsulation or demolition of any contributing structure or protected property shall be limited to the factors specified in section 34-278, below.
(c)
The BAR, or council on appeal, may make such requirements for, and conditions of approval as are necessary or desirable to protect the safety of adjacent buildings, structures, or properties, and of any persons present thereon; and, in the case of a partial removal, encapsulation or demolition:
(1)
To protect the structural integrity of the portion(s) of a building or structure which are to remain following the activity that is the subject of a permit, or
(2)
To protect historic or architecturally significant features on the portion(s) of a building or structure which are to remain following the activity that is the subject of a permit.
(d)
Failure to obtain the permit required by this section shall subject the property owner to the civil penalty described within Article I, section 34-86(b) (i.e., not to exceed twice the fair market value of the building or structure).
(9-15-03(3); 12-17-12(1))
The following factors shall be considered in determining whether or not to permit the moving, removing, encapsulation or demolition, in whole or in part, of a contributing structure or protected property:
(a)
The historic, architectural or cultural significance, if any, of the specific structure or property, including, without limitation:
(1)
The age of the structure or property;
(2)
Whether it has been designated a National Historic Landmark, listed on the National Register of Historic Places, or listed on the Virginia Landmarks Register;
(3)
Whether, and to what extent, the building or structure is associated with an historic person, architect or master craftsman, or with an historic event;
(4)
Whether the building or structure, or any of its features, represent an infrequent or the first or last remaining example within the city of a particular architectural style or feature;
(5)
Whether the building or structure is of such old or distinctive design, texture or material that it could not be reproduced, or could be reproduced only with great difficulty; and
(6)
The degree to which distinguishing characteristics, qualities, features or materials remain;
(b)
Whether, and to what extent, a contributing structure is linked, historically or aesthetically, to other buildings or structures within an existing major design control district, or is one (1) of a group of properties within such a district whose concentration or continuity possesses greater significance than many of its component buildings and structures.
(c)
The overall condition and structural integrity of the building or structure, as indicated by studies prepared by a qualified professional engineer and provided by the applicant or other information provided to the board;
(d)
Whether, and to what extent, the applicant proposes means, methods or plans for moving, removing or demolishing the structure or property that preserves portions, features or materials that are significant to the property's historic, architectural or cultural value; and
(e)
Any applicable provisions of the city's design guidelines (see section 34-288(6).
(9-15-03(3))
Signs within any architectural design control district shall comply with the standards set forth in Article IX, section 34-1020, et seq.
(9-15-03(3))
(a)
The validity period of a certificate of appropriateness shall be as follows:
(1)
A certificate of appropriateness associated with a project for which a valid site plan is not required shall expire and become void eighteen (18) months from the date of approval by the board of architectural review, unless a building permit to construct the authorized improvements or activities has been issued; or, if no building permit is required, unless construction of the authorized improvements or activities has substantially commenced.
(2)
The validity period of a certificate of appropriateness associated with a project for which a valid site plan is required shall be consistent with that of the approved preliminary and final site plan pursuant to sections 34-822 and 34-825, except a certificate of appropriateness shall expire and become void eighteen (18) months from the date of approval by the board of architectural review if preliminary site plan approval has not been granted, or upon revocation of an approved preliminary site plan or expiration of an approved final site plan.
(3)
Prior to the expiration of a certificate of appropriateness, upon written request and for reasonable cause, the director of neighborhood development services or the BAR may extend the validity of any such certificate for a period not to exceed one (1) year.
(b)
The issuance of a certificate of appropriateness shall not, in and of itself, authorize any construction, reconstruction, alteration, repair, demolition, or other improvements or activities requiring a building permit. Where a building permit is required, no activity authorized by a certificate of appropriateness shall be lawful unless conducted in accordance with the required building permit and all applicable building code requirements.
(9-15-03(3); 6-6-05(2); 7-18-11)
(a)
Neither the owner of nor the person in charge of a contributing structure or protected property shall allow such property to fall into a state of disrepair which may result in the deterioration of any exterior appurtenance or architectural feature so as to produce or tend to produce a detrimental effect upon the character of a major architectural design district or the life and character of a contributing structure or protected property. Examples of the type of disrepair prohibited include, but are not limited to:
(1)
The deterioration of exterior walls or other vertical supports;
(2)
The deterioration of roofs or other horizontal members;
(3)
The deterioration of exterior chimneys;
(4)
The deterioration or crumbling of exterior plasters or mortar;
(5)
The ineffective waterproofing of exterior walls, roofs and foundations, including broken windows or doors;
(6)
The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition or conditions.
(b)
The zoning administrator shall give notice by certified or registered mail of specific instances of failure to maintain or repair. The owner or person in charge of such structure or property shall have sixty (60) days to remedy such violation; provided that the zoning administrator, upon request, may allow an extension of up to sixty (60) days to remedy such violations. Thereafter, each day during which there exists any violation of this section shall constitute a separate violation and shall be punishable as provided in this zoning ordinance.
(9-15-03(3))
(a)
Applications shall be submitted to the director of neighborhood development services, by a property owner, contract purchaser, or lessee of the property, or by the authorized agent of any such person. Each application shall be accompanied by the required application fee, as set forth within the most recent zoning fee schedule approved by city council.
(b)
Prior to submission of an application for a certificate of appropriateness, a property owner or his agent may request a conference with the full BAR, the chairman of the BAR or the director of neighborhood development services ("pre-application conference") to discuss and review a proposal for activities that require such certificate. The principal objective of the conference shall be to simplify and expedite the formal review process.
(c)
A pre-application conference with the entire BAR is mandatory for the following activities proposed within a major design control district:
(1)
Development by the City of Charlottesville, or on land owned by the city;
(2)
Development on property owned by the city that is being sold for private development;
(3)
Development being financed in whole or in part by the city, or by a related governmental authority (such as the economic development authority or the redevelopment and housing authority);
(4)
Development having a projected construction cost of three hundred fifty thousand dollars ($350,000.00) or more; and,
(5)
Any other development deemed significant by the director of neighborhood development services or the chair of the BAR, due to its size, location or potential impact on surrounding properties.
The required pre-application conference shall take place prior to an applicant's submission of a completed application.
(d)
After the pre-application review, if any, has been completed, and at least twenty-one (21) days prior to the meeting at which an application will be considered by the BAR, a property owner or his agent may apply for a certificate of appropriateness. The following information and exhibits shall be submitted along with each application:
(1)
Detailed and clear descriptions of any proposed changes in the exterior features of the subject property, including but not limited to the following: the general design, arrangement, texture, materials, plantings and colors to be used, the type of windows, exterior doors, lights, landscaping, parking, signs, and other exterior fixtures and appurtenances. The relationship of the proposed change to surrounding properties will also be shown.
(2)
Photographs of the subject property and photographs of the buildings on contiguous properties.
(3)
Samples to show the nature, texture and color of materials proposed.
(4)
The history of an existing building or structure, if requested by the BAR or staff.
(5)
For new construction and projects proposing expansion of the footprint of an existing building: a three-dimensional model (in physical or digital form) depicting the site, and all buildings and structures to be located thereon, as it will appear upon completion of the work that is the subject of the application.
(6)
In the case of a demolition request where structural integrity is at issue, the applicant shall provide a structural evaluation and cost estimates for rehabilitation, prepared by a professional engineer.
(e)
The director shall establish submission deadlines for applications. For purposes this division, a complete application shall be deemed to be "officially submitted" on the date of the next submission deadline following the date on which the application was received by the director.
(9-15-03(3); 4-13-04(2), § 1; 6-6-05(2); 9-4-07; 7-16-12)
(a)
Notwithstanding any contrary provision of this article, the director of neighborhood development services may review, and may approve or deny, applications for certificates of appropriateness, in the following situations:
(1)
Exterior alterations which are shown, through adequate documentation, to have been approved for a tax credit under either the federal rehabilitation tax credit program or the similar Virginia state tax credit program;
(2)
The repainting of an existing building or structure in a different color;
(3)
The addition or deletion of awnings, canopies, storm windows, storm doors, gutters, and similar appurtenances;
(4)
The addition, alteration or removal of any sign(s) where such sign(s) are the sole subject of the application, or where all other improvements comprising part of the application are subject to administrative review under this section or sections 34-1041 through 34-1043; and
(5)
Structural changes to a building or structure which do not require issuance of a building permit under the Uniform Statewide Building Code except for the following, which must be reviewed by the BAR: replacement of roof coverings and installation or replacement of siding on any buildings or structures, and replacement of windows and doors on any buildings or structures.
(b)
In reviewing an application for a certificate of appropriateness, the director of neighborhood development services shall apply the same criteria and design guidelines that the BAR must use in its review process.
(c)
Failure of the director of neighborhood development services to approve or disapprove an application within ten (10) working days from the date the application was submitted shall be deemed approval of the application.
(d)
Upon approval of an application by the director of neighborhood development services, the director shall issue the approved certificate. If the application is denied, the director shall mail or hand-deliver written notice of this decision to the applicant, which notice shall set forth the specific reasons for the denial, with reference to specific ordinances, laws or regulations. The director shall inform the BAR of his administrative decisions at the next regular meeting following the date of such decisions.
(e)
Following a decision of the director upon an application, the applicant, or any other aggrieved party, shall have ten (10) working days from the date of the decision to appeal that decision to the BAR.
(f)
In considering an appeal of a decision of the director, the BAR shall review the application as if the application had come before it in the first instance. In an appeal the BAR may consider any information or opinions relevant to the application, including, but not limited to, those provided by the director.
(9-15-03(3); 7-16-12)
(a)
The BAR shall afford each applicant, and any other interested party, an opportunity to be heard, prior to rendering its decision on any application. No published notice of a particular application is required; however, the director of neighborhood development services shall send written notice of the time, date, place and subject of a meeting to the applicant, or his agent, and to each property owner, or his agent, abutting or immediately across a street or road from the property that is the subject of the application, and to all properties having frontage along the same city street block. Notice sent by first class mail to the last known address of such owner or agent, as shown on the city's current real estate assessment books, postmarked not less than fourteen (14) days before the meeting, shall be deemed adequate. A representative of the department of neighborhood development services shall make affidavit that such mailing has been made and file the affidavit with the papers related to the application. Additionally, a sign shall be posted at the property which is the subject of the application, at least ten (10) days prior to the board's meeting, identifying the time, date, place and nature of the application which has been scheduled for a hearing.
(b)
In considering a particular application the BAR shall approve the application unless it finds:
(1)
That the proposal does not meet specific standards set forth within this division or applicable provisions of the design guidelines established by the board pursuant to section 34-288(6); and
(2)
The proposal is incompatible with the historic, cultural or architectural character of the district in which the property is located or the protected property that is the subject of the application.
(c)
An applicant may appear in person at the BAR hearing, or may be represented by an agent or attorney.
(9-15-03(3))
(a)
Failure of the BAR to act on an application within sixty (60) days after receipt thereof shall be deemed approval.
(b)
Following approval of an application by the BAR, the director of neighborhood development services, or any aggrieved person, may note an appeal of the BAR decision to the city council, by filing a written notice of appeal within ten (10) working days of the date of the decision. If no such appeal is noted, then upon the expiration of the ten-day appeal period, the director of neighborhood development services shall issue the approved certificate of appropriateness.
(c)
Upon denial of an application (approval of an application with conditions over the objections of the applicant shall be deemed a denial), the applicant shall be provided written notice of the decision, including a statement of the reasons for the denial or for the conditions to which the applicant objects. Following a denial the applicant, the director of neighborhood development services, or any aggrieved person may appeal the decision to the city council, by filing a written notice of appeal within ten (10) working days of the date of the decision.
(9-15-03(3); 12-17-12(1))
(a)
An applicant shall set forth, in writing, the grounds for an appeal, including the procedure(s) or standard(s) alleged to have been violated or misapplied by the BAR, and/or any additional information, factors or opinions he or she deems relevant to the application. The applicant, or his agent, and any aggrieved person, shall be given an opportunity to be heard on the appeal.
(b)
In any appeal the city council shall consult with the BAR and consider the written appeal, the criteria set forth within section 34-276 or 34-278, as applicable, and any other information, factors, or opinions it deems relevant to the application.
(c)
A final decision of the city council may be appealed by the owner of the subject property to the Circuit Court for the City of Charlottesville, by filing with the court a petition at law, setting forth the alleged illegality of the action taken. such petition must be filed with the circuit court within thirty (30) days after council's final decision. The filing of the petition shall stay the council's decision pending the outcome of the appeal; except that the filing of the petition shall not stay a decision of city council denying permission to demolish a building or structure. Any appeal which may be taken to the circuit court from a decision of the city council to deny a permit for the demolition of a building or structure shall not affect the right of the property owner to make the bona fide offer to sell referred to in subparagraphs (d) and (e), below.
(d)
In addition to the right of appeal set forth above, the owner of a building or structure, the demolition of which has been the subject of an application appealed to the city council, shall, as a matter of right, be entitled to demolish such building or structure if all of the following conditions have been met:
(1)
The owner has appealed to city council for permission to demolish the building or structure, and city council has denied such permission;
(2)
The owner has, for the applicable sale period set forth herein below, and at a price reasonably related to the fair market value of the subject property, made a bona fide offer to sell the building or structure, and the land pertaining thereto, to a person or legal entity that gives reasonable assurance that the building or structure will be preserved and restored; and
(3)
No bona fide contract, binding upon all parties thereto, shall have been executed for the sale of such landmark, building or structure, and the land pertaining thereto, prior to the expiration of the applicable sale period.
(4)
If all of the foregoing conditions are not met within the applicable sale period, then the city council's decision denying a permit shall stand, unless and until that decision is overturned by the circuit court. However, following expiration of the applicable sale period, a property owner may renew his request to the city council to approve the demolition of the historic landmark, building or structure.
(e)
The time in which a property owner may take advantage of the rights afforded by subparagraph (d), above (the applicable "sale period") shall be as follows:
(1)
Three (3) months, when the offering price is less than twenty-five thousand dollars ($25,000.00).
(2)
Four (4) months when the offering price is equal to or greater than twenty-five thousand dollars ($25,000.00) but less than forty thousand dollars ($40,000.00).
(3)
Five (5) months when the offering price is equal to or is greater than forty thousand dollars ($40,000.00) but less than fifty-five thousand dollars ($55,000.00).
(4)
Six (6) months when the offering price is equal to or greater than fifty-five thousand dollars ($55,000.00) but less than seventy-five thousand dollars ($75,000.00).
(5)
Seven (7) months when the offering price is equal to or is greater than seventy-five thousand dollars ($75,000.00) but less than ninety thousand dollars ($90,000.00).
(6)
Twelve (12) months when the offering price is equal to or greater than ninety thousand dollars ($90,000.00).
(9-15-03(3); 5-4-09(2))
(a)
The board of architectural review ("BAR") shall be composed of nine (9) members.
(b)
Appointments to the BAR shall be made by city council, in the council's discretion, for terms of four (4) years, except that appointments to fill vacancies shall be for the unexpired remainder of the vacant term.
(1)
No member shall serve for more than two (2) consecutive four-year terms, except for the members initially appointed to fill vacancies, who may serve for two (2) full terms in addition to the vacant term to which they were originally appointed.
(2)
All appointees shall be residents of the city; except that a person who resides outside the city, but who owns a business, or who owns commercial or residential property in a design control district, may be appointed to serve on the board.
(3)
At least two (2) members of the BAR shall be licensed architects; one (1), a member of the city's planning commission; two (2), owners of a business or commercial property in a design control district; one (1), an owner of residential property or a resident in a design control district; one(1), either a landscape architect or a licensed professional contractor; and two (2) shall be historians or have substantial background in history or historic preservation.
(9-15-03(3))
The function of the board of architectural review ("BAR") shall be to administer the provisions of this division. In carrying out this responsibility the BAR shall:
(1)
Approve, deny, or approve with conditions applications for certificates of appropriateness in accordance with the provisions of this division.
(2)
Recommend additional surveys of potential districts or properties, and recommend properties for inclusion in or deletion from major design control districts or the city's list of protected properties.
(3)
Act in an advisory role to city council and city departments, boards and commissions.
(4)
Disseminate information within the city on historic preservation issues and concerns.
(5)
Develop a preservation plan with goals and recommendations for consideration by the planning commission, and from time to time the board shall update such plan.
(6)
Develop and recommend to the city council for its approval design guidelines for the city's architectural design control districts ("design guidelines"), consistent with the purposes and standards set forth within this division. The BAR shall develop the design guidelines in consultation with the city's urban design committee and after seeking input from business and property owners in the various districts. Guidelines developed by the board shall become effective upon approval by city council and thereafter shall have the status of interpretive regulations. The BAR shall undertake a comprehensive review and update the design guidelines at least once every five (5) years.
(9-15-03(3))
A majority of the entire membership of the BAR shall constitute a quorum.
(9-15-03(3))
The BAR shall annually elect from its membership a chairman and vice-chairman, at the first meeting held on or after July first each calendar year. Similarly, the members shall elect a secretary, who may or may not be a member of the BAR.
(9-15-03(3))
Any member of the BAR may be removed from office by the city council for inefficiency, neglect of duty, malfeasance, or the habitual absence from meetings.
(9-15-03(3))
The entrance corridor overlay district is intended to implement the comprehensive plan goal of protecting the city's historic, architectural and cultural resources, by ensuring a quality of development compatible with those resources through design control measures. The purposes of this article are to stabilize and improve property values; to protect and enhance the city's attractiveness to tourists and other visitors; to sustain and enhance the economic benefits accruing to the city from tourism; to support and stimulate development complimentary to the prominence afforded properties and districts having historic, architectural or cultural significance; all of the foregoing being deemed to advance and promote the health, safety and welfare of the general public.
(9-15-03(3))
(a)
Subject to subsection (b), below, entrance corridor overlay districts are hereby established upon and along the following arterial streets or highways, which are deemed by the city council to be significant routes of tourist access to the city, or to designated historic landmarks, buildings, structures or districts within the city ("EC streets"):
(1)
Route 29 North from the corporate limits to Ivy Road;
(2)
Hydraulic Road from the corporate limits to the 250 Bypass;
(3)
Barracks Road from the corporate limits to Meadowbrook Road;
(4)
Ivy Road from the corporate limits to Emmet Street;
(5)
Fontaine Avenue/Jefferson Park Avenue from the corporate limits to Emmet Street;
(6)
Fifth Street, SW from the corporate limits to the beginning of the Ridge Street Architectural Design Control District;
(7)
Avon Street from the corporate limits to the CSX Railroad tracks;
(8)
Monticello Avenue/Route 20 from the corporate limits to Avon Street;
(9)
Long Street from the corporate limits to St. Clair Avenue;
(10)
East High Street/9th Street from Long Street to East Market Street;
(11)
Preston Avenue from McIntire Road to Rosser Avenue; and
(12)
McIntire Road, from Preston Avenue to Route 250.
(b)
Entrance corridor overlay districts are hereby established upon the lots and parcels of land contiguous to the streets and highways enumerated within subsection (a), above, from the edge of the right-of-way to the full depth of the lot or parcel, as the lot or parcel existed on the date the adjacent EC street was designated.
(c)
The entrance corridor overlay districts are hereby established over the existing zoning district classifications of the land contiguous to the streets and highways enumerated within subsection (a), above. The regulations set forth within this article shall apply to all such land, in addition to the regulations of the underlying zoning district and in addition to other generally applicable zoning ordinance provisions (e.g., generally applicable standards governing parking, lighting, landscaping, signs, etc.). In the event of a conflict between the regulations set forth within this article and those set forth within the regulations of the underlying zoning district classification, or elsewhere within this zoning ordinance, the more restrictive regulation shall govern.
(9-15-03(3))
(a)
The provisions of this article shall be administered by an entrance corridor review board ("review board" or "ERB") hereby created by the city council. The city's planning commission shall serve as the review board.
(1)
The meetings of the ERB shall be held at the call of its chairman or at such times as a quorum of the board may determine.
(2)
The ERB shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact.
(3)
All records of official actions shall become part of the permanent records of the ERB.
(4)
The ERB shall choose annually its own chairman and vice-chairman, who shall act in the absence of the chairman.
(5)
The ERB may, from time to time, adopt and amend bylaws for the regulation of its affairs and the conduct of its business.
(6)
The ERB may, from time to time, recommend areas for designation as entrance corridor overlay districts and may also recommend removal of any such designation.
(7)
The ERB shall serve in an advisory capacity to city council and the board of zoning appeals in rezonings, special use permits, site plans, subdivisions, variances and other matters within entrance corridor overlay districts.
(8)
The ERB shall be responsible for issuance of certificates of appropriateness required by this article.
(b)
The ERB shall develop and recommend to the city council for its approval design guidelines for the entrance corridor overlay districts ("Entrance Corridor Design Guidelines"), consistent with the purposes and standards set forth within this article. The ERB shall develop such guidelines in consultation with the city's director of neighborhood development services and after seeking input from business and property owners in the various overlay districts. Guidelines developed by the ERB shall become effective upon approval by city council and thereafter shall have the status of interpretive regulations. The ERB shall undertake a comprehensive review and update its design guidelines at least once every five (5) years. Until the initial guidelines have been completed and approved, the ERB shall apply the design guidelines developed by the city's BAR for the entrance corridor districts.
(9-15-03(3))
(a)
The following shall require a certificate of appropriateness issued in accordance with this division:
(1)
All improvements requiring a building permit (but for which no site plan is required), other than single- or two-family dwellings where the work requiring the building permit (i) is new construction, or (ii) represents an addition or modification of 25% or more of the gross area of an existing building or structure.
(2)
Regardless of whether a building permit is required: (i) signs; and (ii) installations or replacements of roof coverings, windows, doors or siding on any building or structure, any part of which, once installed, will be visible from an EC street referenced in section 34-307(a) above, other than those installed on a single- or two-family dwelling.
(3)
All development requiring a site plan.
(b)
All applications for the certificates required by subparagraphs (a)(1) or (a)(2) above, shall be reviewed and approved administratively by the director. If administrative approval is granted the applicant shall post a notice of such approval on the subject property. If the application is denied the director shall mail or hand-deliver notice of his decision to the applicant. In either case, the applicant or any other aggrieved party shall have ten (10) working days from the date of the director's decision to appeal the decision to the ERB; no certificate shall be issued prior to expiration of the ten-day period.
(c)
All applications for the certificates required by subparagraph (a)(3) above shall be reviewed and approved by the ERB following the process set forth within sections 34-310 through 34-313.
(1)
The ERB shall approve or disapprove an application and, if approved, shall issue a certificate of appropriateness with any reasonable conditions as it may deem necessary to ensure compliance with this division. Failure of the ERB to act upon an application within sixty (60) days from the date of its original submission shall be deemed to constitute approval of the application.
(2)
Nothing contained in this subsection shall be deemed to compromise, limit, or otherwise impair the planning commission in its exercise of preliminary or final site plan review as set forth within Article VII, section 34-800, et seq. of this zoning ordinance.
(3)
It is the express intent of the city council in enacting the provisions of this subsection that matters related to public health and safety, as may be defined by the planning commission, shall prevail over issues within the purview of the ERB.
(d)
Notwithstanding the foregoing provisions of this section, no certificate of appropriateness shall be required for the following activities:
(1)
Interior alterations to a building or structure.
(2)
Construction of ramps and other modifications to serve the handicapped.
(3)
Repair and maintenance of buildings or structures which are non-conforming for failure to comply with the provisions of this article.
(4)
General maintenance of buildings or structures, where no substantial change in design or materials is proposed.
(5)
Additions or modifications to a building or structure, where no substantial change in design or materials is proposed, as determined by the director of neighborhood development services or his designee.
(e)
Once issued, a certificate of appropriateness shall be binding upon the proposed development, as to any conditions of issuance specified therein. The certificate shall certify that the proposed development (subject to any conditions stated within the certificate) is consistent with the design guidelines applicable to the specific EC street. Signature by the zoning administrator upon a final site plan or building permit, as the case may be, shall constitute such certification.
(f)
The validity period of a certificate of appropriateness shall be as follows:
(1)
A certificate of appropriateness associated with a project for which a valid site plan is not required shall expire and become void eighteen (18) months from the date of approval by the entrance corridor review board, unless a building permit to construct the authorized improvements or activities has been issued; or, if no building permit is required, unless construction of the authorized improvements or activities has substantially commenced.
(2)
The validity period of a certificate of appropriateness associated with a project for which a valid site plan is required shall be consistent with that of the approved preliminary and final site plan pursuant to sections 34-822 and 34-825, except a certificate of appropriateness shall expire and become void eighteen (18) months from the date of approval by the entrance corridor review board if preliminary site plan approval has not been granted, or upon revocation of an approved preliminary site plan or expiration of an approved final site plan.
(3)
Prior to the expiration of a certificate of appropriateness, upon written request and for reasonable cause, the director of neighborhood development services or the entrance corridor review board may extend the validity of any such certificate for a period not to exceed one (1) year.
(9-15-03(3); 6-6-05(2); 7-18-11; 7-16-12)
The review board, the city council on review of an application, and the director in conducting an administrative review, shall consider the following features and factors in determining the appropriateness of proposed construction, reconstruction, alteration or restoration of buildings or structures pursuant to this article:
(1)
Overall architectural design, form, and style of the subject building or structure, including, but not limited to: the height, mass and scale;
(2)
Exterior architectural details and features of the subject building or structure;
(3)
Texture, materials and color of materials proposed for use on the subject building or structure;
(4)
Design and arrangement of buildings and structures on the subject site;
(5)
The extent to which the features and characteristics described within paragraphs (1)—(4), above, are architecturally compatible (or incompatible) with similar features and characteristics of other buildings and structures having frontage on the same EC street(s) as the subject property.
(6)
Provisions of the Entrance Corridor Design Guidelines.
(9-15-03(3))
Signs within any entrance corridor overlay district shall comply with the standards set forth within Article IX, section 34-1020, et seq.
(9-15-03(3))
(a)
Application for a certificate of appropriateness pursuant to this division shall be filed with the director of neighborhood development services by the owner, contract purchaser, or lessee of the property, or by the authorized agent of any such person, of the subject property.
(1)
A complete application shall include all plans, maps, studies, reports, photographs, drawings, building elevations, and other informational materials which may be reasonably required in order to make the determinations called for in a particular case.
(2)
[ Reserved. ]
(3)
Each application for a certificate of appropriateness shall be accompanied by the required application fee, as set forth within the most recent zoning fee schedule approved by city council.
(b)
The director shall establish submission deadlines for applications. For purposes of this division a complete application shall be deemed to be "officially submitted" on the date of the next submission deadline following the date on which the application was received by the director.
(c)
Each application shall include a landscaping plan, for the uses described following below.
(1)
For development subject to site plan review, such plan shall meet the requirements set forth below as well as those required within Article VII, section 34-867.
(2)
For other applications, the landscaping plan shall consist of drawings, documents and information sufficient to allow the director to determine whether the following requirements are satisfied:
a.
Uses to be screened: Parking lots, loading areas, refuse areas, storage areas, detention ponds and mechanical equipment shall be screened from view from the adjacent EC street.
b.
Standards for screening: When required, screening shall consist of the following:
(i)
A planting strip of vegetation or trees, an opaque wall, an opaque fence or a combination of these.
(ii)
Where only vegetative screening is provided, such screening strip shall not be less than twenty (20) feet in depth and shall consist of a double staggered row of evergreen trees on fifteen-foot centers, a minimum of five (5) feet in height when planted, or a double staggered row of evergreen shrubs on five-foot centers, a minimum of twenty-four (24) inches in height when planted. Alternative methods of vegetative screening may be approved by the ERB or the director in connection with approval of a certificate of appropriateness.
(iii)
Where a fence or wall is provided for screening, it shall be a minimum of six (6) feet in height with planting required at ten-foot intervals along such structure.
(3)
Landscaping. All nonresidential uses, including parking lots and vehicular display areas, shall have all of the street frontage, exclusive of driveways and walkway connections, landscaped with trees and other varieties of plant material at least eighteen (18) inches in height at maturity. The tree varieties shall conform to those recommended in the city's list of approved plantings. All uses shall have the side and rear property edges defined with a fence, wall or curbed planting strip of trees and other plantings a minimum of twenty-four (24) inches in height at maturity.
(d)
Each application shall include information about proposed lighting. Lighting fixtures shall be harmonious with the character of existing and proposed structures fronting along the EC street, and shall not exceed the height of any buildings on the site. Further, lighting shall comply with the provisions of Article IX, Division 3, section 34-100, et seq.
(9-15-03(3); 6-6-05(2); 7-16-12)
Following receipt of a complete application requiring review by the ERB, the director shall forward the application, together with all accompanying informational materials, to the ERB. Upon receipt of an application, the review board shall schedule a hearing on the application.
(1)
Notice of the hearing shall be provided to the applicant and to other persons in the same manner as set forth within section 34-284(a).
(2)
Written notice of the hearing shall also be provided to each member of the city council, at least (10) days in advance of the hearing. Such notice may be hand-delivered, mailed or transmitted via electronic communication.
(3)
The notices required by this subsection shall state the type of use or development proposed, the specific location of such use or development, and a general description of the appearance and materials proposed for the development which is the subject of the application.
(9-15-03(3))
(a)
Following approval of an application by the ERB, the director of neighborhood development services, or any aggrieved person, may note an appeal of that decision to the city council, by filing a written notice of appeal with the clerk of city council within ten (10) working days of the date of the date of the decision. If no such appeal is noted, then upon the expiration of the ten-day appeal period the director of neighborhood development services shall issue the approved certificate of appropriateness.
(b)
Upon denial of an application (approval of an application with conditions, over the objections of the applicant, shall be deemed a denial) the applicant shall be provided written notice of the decision, including a statement of the reasons for the denial or for the conditions to which the applicant objects. Following a denial, the applicant, the director of neighborhood development services, or any aggrieved person may appeal the decision to the city council, by filing a written notice of appeal with the clerk of city council within ten (10) working days of the date of the decision.
(c)
In any review of an ERB decision the city council shall review the application as if the application had come before it in the first instance. Any aggrieved person, shall be given an opportunity to be heard on the appeal. City council may consider any information or opinions relevant to the application which is the subject of such decision, including, but not limited to, those provided by the ERB.
(9-15-03(3); 6-6-05(2))
The public park protection overlay ("PPO") district is intended to protect and preserve the open space and recreational attributes and values of the city's parks.
(9-15-03(3))
The requirements of this division apply to the following city parks:
Azalea, Bailey, Belmont, Fifeville, Forest Hills, Greenbrier, Greenleaf, Jackson, Jordan, Lee, McGuffey, McIntire, Meade, Meadowcreek Gardens, Northeast, Pen, Quarry, Riverview, Rives, Rothwell, Starr Hill, Tonsler and Washington Parks.
(9-15-03(3))
(a)
No park property within the PPO district shall be sold except by an ordinance passed by a recorded affirmative vote of three-fourths (¾) of all the members elected to city council, following a public hearing on the proposed sale. Nothing herein shall prohibit the use of property within the PPO district for public parking, public utilities, improvements for storm water management, streets, roads or any other public improvements as may be authorized by city council.
(b)
The city council may grant a reduction or waiver of off-street parking regulations required in section 34-984 of this Code in the Public Park Protection Overlay District (PPO).
(9-15-03(3); 9-2-08; 7-16-12)
The City of Charlottesville seeks, through establishment of its historic conservation overlay ("CV" or "conservation") districts, to protect community health and safety, and to promote the education, prosperity and general welfare of the public through the identification and conservation of buildings, structures, and areas with special historical, cultural, architectural and archaeological significance. To achieve these general purposes, the City of Charlottesville seeks to pursue the following specific purposes:
(1)
To identify and preserve buildings, structures and areas with special historical, cultural, architectural and archaeological significance, or with a collective character and quality, which serve as important visible reminders of the heritage of this city, the Commonwealth of Virginia, or this nation;
(2)
To assure that new structures, additions, and related elements will be in harmony with the scale and character of the existing buildings, structures and areas;
(3)
To document and promote an understanding of the social history of city neighborhoods, and to protect their cultural institutions.
(3-16-09(2))
(a)
City council may, by ordinance, from time to time, designate properties and areas for inclusion or removal within a conservation district. Any such action shall be undertaken following the rules and procedures applicable to the adoption of amendments to the city's zoning ordinance and zoning map.
(b)
Prior to the adoption of any such ordinance, the board of architectural review ("BAR") shall define, taking into consideration information that may be provided by neighborhood residents, the architectural character-defining features of the proposed conservation district. Those features would be referenced and reinforced when applying the conservation district design guidelines.
(c)
Prior to the adoption of any such ordinance, the city council shall consider the recommendations of the planning commission and the BAR as to the proposed addition, removal or designation. The commission and BAR shall address the following criteria in making their recommendations:
(1)
The age of buildings and structures;
(2)
Whether the buildings, structures and areas are listed on the Virginia Landmarks Register or the National Register of Historic places, or are eligible to be listed on such registers;
(3)
Whether the buildings, structures or areas are of locally important historic, cultural, architectural or archaeological interest;
(4)
Whether the buildings, structures or areas are associated with an historic person or event or with a significant architect or master craftsman, or have special public value because of notable features relating to the cultural or artistic heritage of the Charlottesville community;
(5)
Whether the buildings, structures or areas are part of a geographically definable area within which there exists a significant concentration or continuity of buildings or structures that are linked by past events or, aesthetically, by plan or physical development, or within which there exists a number of buildings or structures separated geographically but linked by association or history; and
(6)
Whether the buildings, structures or areas, when viewed together, possess a distinctive character and quality or historic significance.
(3-16-09(2); 4-17-17)
The following areas have been determined by city council to meet the criteria for designation as a conservation district, the limits of which are shown on the city's zoning map:
(1)
The Martha Jefferson Historic Conservation District;
(2)
The Rugby Road Historic Conservation District; and
(3)
The Woolen Mills Village Historic Conservation District.
Within each district designated above, city council has determined that only certain buildings are considered "contributing structures." Those contributing structures are identified on a map of each district included within the city's conservation district design guidelines, copies of which are available within the department of neighborhood development services.
(3-16-09(2); 10-18-10(2); 9-2-14; 9-5-17)
(a)
Within a conservation district all individually protected properties listed in section 34-273 shall retain that designation, and shall be reviewed under the Code provisions applicable to those properties.
(b)
Before an area is designated as a conservation district, each of the structures that may qualify for designation as an individually protected property under section 34-273 within that area shall be identified.
(3-16-09(2))
Before an area is designated as a conservation district, each structure shall be determined to be either "contributing" or "non-contributing." Thereafter, at least once every fifteen (15) years, this determination shall be reconfirmed.
(3-16-09(2))
(a)
A certificate of appropriateness (COA) must be approved in accordance with this division, prior to the commencement of construction, erection, alteration, or demolition of certain buildings, structures or improvements, as follows:
(1)
All new buildings and structures require a COA if they require a building permit, and unless they are concealed by the principal structure from all abutting streets.
(2)
All new fences and walls that abut a street, or which are located in a side yard between a street and the front of the principal structure on a lot, require a COA.
(b)
The following proposed additions to existing buildings or structures require a COA:
(1)
Additions located wholly or partially to the side or front of the principal structure on a lot; or
(2)
Additions located on a lot that abuts a street on the side or rear; or
(3)
Additions that are equal to or greater than fifty (50) percent of the total gross floor area of the existing building; or
(4)
Additions located to the rear that exceed the height or width of the existing building or structure.
(c)
The proposed demolition, razing or moving of any building or structure requires a COA only when:
(1)
The building is a contributing structure; and
(2)
The proposed demolition is located in whole or in part to the front or side of the contributing structure; or
(3)
The proposed demolition is located on a lot that abuts a street on the side or rear; or
(4)
The proposed demolition is equal to or greater than thirty-three (33) percent of the total gross floor area of the existing building.
However, the removal or replacement of windows or doors shall not constitute a demolition under this conservation district article, provided the size of the opening is not altered.
(d)
The proposed painting of previously unpainted brick or other masonry requires a COA.
(e)
The following shall be exempt from the requirement of a COA:
(1)
Interior features, details, alterations and improvements;
(2)
Ordinary maintenance or repair of exterior elements or features;
(3)
Painting or repainting a material other than unpainted brick or other masonry;
(4)
Construction, reconstruction or other improvements to a building or structure made pursuant to an order of correction issued by the city's building code official, upon a determination by the city's building code official that a building or structure is an "unsafe structure," as that term is defined by the state's building code and regulations. In the event any such order or determination is issued with respect to a building or structure subject to BAR review pursuant to this division, the director of neighborhood development services shall notify the BAR of any alterations or repairs ordered by the building code official; and
(5)
The demolition, razing or removing, in whole or in part, of any contributing structure allowed pursuant to an order of the city's building code official, upon a determination by the city's building code official that a building or structure is in such dangerous, hazardous or unsafe condition that it could reasonably be expected to cause death or serious injury before review under the provisions of this division. Upon such a determination, the building code official shall deliver a copy of the order to the director of neighborhood development services and to the chairperson of the BAR.
(f)
Failure to obtain a COA as required by this section for the demolition, razing or moving of any contributing structure shall be subject to the civil penalty described within section 34-86(b) (i.e., not to exceed twice the fair market value of the building or structure).
(3-16-09(2); 12-17-12(1); 4-17-17)
(a)
In considering a particular application the BAR shall approve the application unless it finds:
(1)
That the proposal does not meet specific standards set forth within this division or applicable provisions of the conservation district design guidelines; and
(2)
The proposal is incompatible with the historic, cultural or architectural character of the conservation district in which the property is located.
(b)
The BAR's review of the proposed new construction or addition to a building or structure shall be limited to factors specified in section 34-342. The BAR's review of the proposed demolition, razing or moving of any contributing structure shall be limited to the factors specified in section 34-343.
(c)
The BAR, or city council on appeal, may require conditions of approval as are necessary or desirable to ensure that any new construction or addition would be compatible with the scale and character of the historic conservation district. Prior to attaching conditions to an approval, due consideration shall be given to the cost of compliance with the proposed conditions.
(3-16-09(2); 4-17-17)
The
following features and factors shall be considered in determining the appropriateness of proposed new construction and additions to buildings or structures:
(1)
Whether the form, height, scale, mass and placement of the proposed construction are visually and architecturally compatible with the site and the applicable conservation district;
(2)
The harmony of the proposed changes in terms of overall proportion and the size and placement of entrances and windows;
(3)
The impact of the proposed change on the essential architectural form and integrity of the existing building;
(4)
The effect, with respect to architectural considerations, of the proposed change on the conservation district neighborhood;
(5)
Any applicable provisions of the city's conservation district design guidelines.
(3-16-09(2))
The following factors shall be considered in determining whether or not to permit the demolition, razing or moving, in whole or in part, of a contributing structure:
(1)
The historic, architectural or cultural significance, if any, of the specific building or structure, including, without limitation:
a.
The age of the building or structure;
b.
Whether it has been listed on the National Register of Historic Places, or listed on the Virginia Landmarks Register;
c.
Whether, and to what extent, the building or structure is associated with an historic person, architect or master craftsman, or with an historic event;
d.
Whether the building or structure, or any of its features, represent an infrequent or the first or last remaining example within the city of a particular architectural style or feature;
e.
The degree to which distinguishing characteristics, qualities, features or materials remain;
(2)
Whether, and to what extent, a contributing structure is linked, historically or aesthetically, to other buildings or structures within the conservation district, and whether the proposed demolition would affect adversely or positively the historic or aesthetic character of the district;
(3)
The overall condition and structural integrity of the building or structure, as indicated by studies prepared by a qualified professional engineer and provided by the applicant, or other information provided;
(4)
Whether, and to what extent, the applicant proposes to preserve portions, features or materials that are significant to the property's historic, architectural or cultural value; and
(5)
Any applicable provisions of the city's conservation district design guidelines.
(3-16-09(2); 7-16-12; 4-17-17)
An approved certificate of appropriateness shall be and remain valid for the same time period(s) and under the same circumstances as set forth within section 34-280.
(3-16-09(2); 4-17-17)
(a)
A landowner who proposes to initiate any action(s) referenced in section 34-340 shall contact the NDS director and shall submit information sufficient to allow the director to render a preliminary determination as to whether a certificate of appropriateness is required, and if so, whether the COA must be reviewed by the BAR or may be reviewed administratively pursuant to section 34-346.
(b)
If the NDS director determines that review and approval by the BAR is required, then a complete application shall be submitted to the director, including all of the following information:
(1)
A written description of proposed exterior changes;
(2)
A general sketch plan of the property including: the location of existing structures; property and setback lines; and any proposed new construction, additions or deletions, parking areas, and fences;
(3)
The total gross floor area of the existing building and of any proposed additions;
(4)
Elevation drawings depicting existing conditions and proposed exterior changes;
(5)
Photographs of the subject property in context of the buildings on contiguous properties;
(6)
In the case of a demolition request where structural integrity is at issue, the applicant shall provide a structural evaluation and cost estimates (unless the building is the applicant's primary residence) for rehabilitation, prepared by a professional engineer.
Applications shall be submitted to the director by a landowner or authorized agent (such as a person authorized under a power of attorney, or a contract purchaser) or a lessee of the property, or lessee's authorized agent.
(c)
Each application shall be accompanied by the required application fee, as set forth within the most recent zoning fee schedule approved by city council, except that no fee shall be required for any of the following:
(1)
An application subject to administrative review under section 34-346;
(2)
An application subject to BAR review (other than an application seeking a COA for new construction or demolition of a contributing structure, which shall be subject to the required application fee); and
(3)
An appeal of a BAR decision to city council pursuant to section 34-347(a), if the original application seeking approval of a COA was not subject to an application fee.
(3-16-09(2); 7-16-12; 4-17-17)
(a)
The director of neighborhood development services may review, and may approve or deny, or may refer to the full BAR for review and approval, the following types of applications for certificates of appropriateness:
(1)
Fences;
(2)
Applications that have previously been reviewed by the BAR, if the BAR has authorized final review by the director;
(3)
Applications for minor accessory buildings or additions, after consultation with the chair of the BAR.
(b)
In reviewing an application for a certificate of appropriateness, the director of neighborhood development services shall be deemed the agent of the BAR and shall apply the same criteria and design guidelines that the BAR must use in its review process.
(c)
Within ten (10) working days after the date an application is submitted, the director of neighborhood development services shall take one (1) of the following actions: approve, deny, or refer the COA to the BAR for action.
(d)
Upon approval of an application by the director of neighborhood development services, the director shall issue the approved certificate. If the application is denied, the director shall convey written notice of this decision to the applicant, which notice shall set forth the specific reasons for the denial, with reference to specific provisions of this article or applicable design guidelines. The director shall inform the BAR of his administrative decisions at the next regular meeting following the date of such decisions.
(e)
Following a decision of the director of neighborhood development services upon an application, the applicant, or any other aggrieved party, may appeal that decision to the BAR within ten (10) working days from the date of the director's decision.
(f)
In considering an appeal from a decision of the director of neighborhood development services, the BAR shall review the application as if the application had come before it in the first instance. In an appeal the BAR may consider any information or opinions relevant to the application, including, but not limited to, those provided by the director.
(4-17-17)
Editor's note— An ordinance adopted April 17, 2017, added a new § 34-346 pertaining to administrative review and renumbered former §§ 34-346—34-348 as §§ 34-347—34-349.
(a)
The BAR shall afford each applicant, and any other interested party, an opportunity to be heard, prior to rendering its decision on any application. The director of neighborhood development services shall send written notice of the time, date, place and subject of a meeting to the applicant, or his agent, and to each property owner, or his agent, abutting or immediately across a street or road from the property that is the subject of the application, and to all properties having frontage along the same city street block. Notice sent by first class mail to the last known address of such owner or agent, as shown on the city's current real estate assessment books, postmarked not less than fourteen (14) days before the meeting, shall be deemed adequate. Additionally, a sign shall be posted at the property which is the subject of the application, at least ten (10) days prior to the BAR's meeting, and identifying the time, date, place and nature of the application which has been scheduled for a hearing.
(b)
Failure of the BAR to act on an application submitted under this division, and determined by the director to be subject to BAR review, within thirty (30) days after receipt thereof shall be deemed approval.
(c)
Upon BAR approval of an application, the director shall issue the approved certificate. Upon denial of an application (approval of an application with conditions over the objections of the applicant shall be deemed a denial), the applicant shall be provided written notice of the decision, including a statement of the reasons for the denial or for the conditions to which the applicant objects.
(3-16-09(2); 12-17-12(1); 4-17-17)
Note— See note at § 34-346.
(a)
A decision of the BAR may be appealed to city council by the applicant, or any other aggrieved person, by filing a written notice of appeal within ten (10) days from the date of decision. An appellant shall set forth, in writing, the grounds for an appeal, including the procedure(s) or standard(s) alleged to have been violated or misapplied by the BAR, and/or any additional information, factors or opinions he or she deems relevant to the application. The applicant, or his agent, and any aggrieved person, shall be given an opportunity to be heard on the appeal.
(b)
In any appeal the city council shall consult with the BAR and consider the written appeal, the criteria set forth within section 34-276 or 34-278, as applicable, and any other information, factors, or opinions it deems relevant to the application.
(c)
A final decision of the city council may be appealed to the Charlottesville circuit court by the owner of the land for which the certificate of appropriateness is sought, by filing with the court a petition setting forth the alleged illegality of the action taken. Such petition must be filed with the circuit court within thirty (30) days after council's final decision. The filing of the petition shall stay the council's decision pending the outcome of the appeal; except that the filing of the petition shall not stay a decision of city council denying permission to demolish a building or structure.
(d)
Any appeal which may be taken to the circuit court from a decision of the city council to deny a permit for the demolition of a building or structure shall not affect the right of the property owner to make the bona fide offer to sell as described in section 34-286(d) and section 34-286(e).
(3-16-09(2); 4-17-17)
Note— See note at § 34-346.
With respect to conservation districts, the city's BAR shall oversee the administration of this division. In addition to any other responsibilities assigned to the BAR within this division, or in section 34-288, the BAR shall:
(1)
Recommend surveys of potential conservation districts, and recommend properties for inclusion in, or deletion from, conservation districts.
(2)
Develop and recommend to the city council for council's approval design guidelines for the city's conservation districts ("conservation district design guidelines"), consistent with the purposes and standards set forth within this division. Conservation district design guidelines shall have the status of interpretive regulations. The BAR shall undertake a comprehensive review and shall update the conservation district guidelines at least once every five (5) years.
(3-16-09(2); 4-17-17)
Note— See note at § 34-346.
(a)
Single-family (R-1). The single-family residential zoning districts are established to provide and protect quiet, low-density residential areas wherein the predominant pattern of residential development is the single-family dwelling. There are four (4) categories of single-family zoning districts:
(1)
R-1, consisting of low-density residential areas;
(2)
R-1(S) ("small lot"), consisting of low-density residential areas characterized by small-lot development;
(3)
R-1U ("university"), consisting of low-density residential areas in the vicinity of the University of Virginia campus; and
(4)
R-1U(S) ("university, small lot"), consisting of low-density residential areas in the vicinity of the University of Virginia campus, characterized by small-lot development.
(b)
Two-family (R-2). The two-family residential zoning districts are established to enhance the variety of housing opportunities available within certain low-density residential areas of the city, and to provide and protect those areas. There are two (2) categories of R-2 zoning districts:
(1)
R-2, consisting of quiet, low-density residential areas in which single-family attached and two-family dwellings are encouraged. Included within this district are certain areas located along the Ridge Street corridor, areas of significant historical importance;
(2)
R-2U ("university"), consisting of quiet, low-density residential areas in the vicinity of the University of Virginia campus, in which single-family attached and two-family dwellings are encouraged;
(c)
Multifamily. The purpose of the multifamily residential zoning district is to provide areas for medium- to high-density residential development. The basic permitted use is medium-density residential development; however, higher density residential development may be permitted where harmonious with surrounding areas. Certain additional uses may be permitted, in cases where the character of the district will not be altered by levels of traffic, parking, lighting, noise, or other impacts associated with such uses. There are three (3) categories of multifamily residential zoning districts:
(1)
R-3, consisting of medium-density residential areas in which medium-density residential developments, including multifamily uses, are encouraged;
(2)
R-UMD ("university medium density"), consisting of areas in the vicinity of the University of Virginia campus, in which medium-density residential developments, including multifamily uses, are encouraged; and
(3)
R-UHD ("university high density"), consisting of areas in the vicinity of the University of Virginia campus, in which high-density residential developments, including multifamily uses, are encouraged.
(d)
McIntire/Fifth Street Residential Corridor. The purpose of this district is to encourage redevelopment in the form of medium-density multifamily residential uses, in a manner that will complement nearby commercial uses and be consistent with the function of McIntire Road/Fifth Street Extended as a gateway to the city's downtown area.
(9-15-03(3))
The regulations set forth within this division shall apply to uses and developments within the following residential zoning districts: R-1; R-1S; R-1U; R-1US; R-2; R-2U; R-3; R-UMD; R-UHD; and McIntire/Fifth Street Residential Corridor. These regulations shall apply in addition to any other requirements set forth elsewhere within this zoning ordinance.
(9-15-03(3))
The uses allowed within the city's various residential zoning districts are those designated in the matrix set forth within section 34-420.
(9-15-03(3); 11-21-11(2))
(a)
All buildings and structures shall be constructed within the area defined by the following height, yard and land coverage requirements, according to the zoning district in which such building or structure is located, as follows:
|
Zoning
District |
Height
Restrictions |
Req'd Front
Yard |
Req'd Side Yards
|
Req'd Rear Yard
|
Land
Coverage |
| R-1 | 35 ft. max | 25 ft. min* |
SFD: 10 feet, min
Non-residential: 50 feet, min Corner, street side: 20 feet, min |
Res: 25 feet, min | n/a |
| R-1S | 35 ft. max | 25 ft. min* |
SFD: 5 feet, min
Non-Res: 50 feet, min Corner, street side: 20 feet, min |
Res: 25 feet, min
Non-Res: 50 feet, min |
n/a |
| R-1U | 35 ft. max | 25 ft. min* |
SFD: 10 feet, min
Non-Res: 50 feet, min Corner, street side: 20 feet, min |
Res: 25 feet, min
Non-Res: 50 feet, min |
n/a |
| R-1US | 35 ft. max | 25 ft. min* |
SFD: 5 feet, min
Non-Res: 50 feet, min Corner, street side: 20 feet, min |
Res: 25 feet, min
Non-Res: 50 feet, min |
n/a |
| R-2 | 35 ft. max | 25 ft. min* |
SFD: 5 feet, min
SFA: 10 feet, min TFD: 10 feet, min Non-Res: 50 feet, min Corner, street side: 20 feet, min |
Res: 25 feet, min
Non-Res: 50 feet, min |
n/a |
| R-2U | 35 ft. max | 25 ft. min* |
SFD: 5 feet, min
SFA: 10 feet, min TFD: 10 feet, min Non-Res: 50 feet, min Corner, street side: 20 feet, min |
Res: 25 feet, min
Non-Res: 50 feet, min |
n/a |
| R-3 | 45 ft. max | 25 ft. min* |
Res: Up to 21 DUA: 1 foot/2 feet height, 10 feet, min
22-43 DUA: 1 foot/3 feet height, 10 feet, min 44-87 DUA: 1 foot/4 feet height, 10 feet, min Non-Res: 25 feet, min Corner, street side: 20 feet, min |
25 feet, min |
Up to 21 DUA: 75% max
22-87 DUA: 80% max |
| R-UMD | 50 ft. max | 25 ft. min* |
1—2 stories: 10 feet, min
3-5 stories: 1 foot/3 feet height; 10 feet, min Non-res: 25 feet, min Corner, street side: 20 feet, min |
25 feet, min | 80% max |
| R-UHD | 50 ft. max | 15 ft. min* |
1 foot/4 feet height, 8 feet, min
Non-res: 25 feet, min Corner, street side: 20 feet, min |
15 feet, min | n/a |
| McIntire 5th St. Corridor |
2 stories, min
5 stories, max 1 |
10 ft. min
2
25 ft. max |
None required | None required | n/a |
1 See Subparagraph (b), below.
2 See Subparagraph (b), below.
R-1S, R-UMD
(b)
Exceptions to building envelope requirements set forth within subparagraph (a), above, are as follows:
(1)
Where a front yard requirement is annotated with an asterisk (*): on any lot where forty (40) percent or more of the lots located within five hundred (500) feet in either direction, fronting on the same side of the street, have front yards greater or less than the minimum front yard specified in subparagraph (a), above, the required front yard for such lot shall be the average depth of the existing front yards within five hundred (500) feet. In the R-UMD and R-UHD districts this front yard requirement shall apply only on lots where forty (40) percent or more of the lots located within five hundred (500) feet in either direction, fronting on the same side of the street, have front yards less than the minimum front yard specified in subparagraph (a) above. In no case shall this regulation be interpreted to require a front yard of more than sixty (60) feet.
New Building, Front Yard Diagram
(2)
Where a side yard requirement is annotated with an asterisk (*): where any two-family dwelling is located on a lot that was of record prior to August 3, 1964, such dwelling shall have minimum yards of five (5) feet on each side.
(3)
R-3 district: for developments containing residential uses at densities of 22-87 DUA, additional building height may be allowed pursuant to a special permit issued by city council, to a maximum of 80 feet (22-43 DUA) and 101 feet (44-87 DUA).
(4)
R-3, R-UMD and R-UHD zoning districts: within a residential development containing any multifamily dwellings there shall be a minimum distance between the facade of the multifamily dwelling and the boundary of any low-density residential district, as follows:
|
Density
|
Required Distance
|
| 22—43 DUA | 50 feet |
| 44—87 DUA | 75 feet |
In the event the restrictions set forth within this paragraph impose a greater yard requirement than is otherwise specified for a particular site, the requirements of this paragraph shall apply and establish a new yard requirement. Where applicable, at least twenty-five (25) feet of the new required yard shall consist of a landscaped buffer, S-3 type (refer to section 34-871).
(5)
Within the R-UHD district: additional building height, up to seven (7) stories may be allowed pursuant to a special use permit, provided that after five (5) stories, there shall be a stepback of at least fifteen (15) feet along seventy (70) percent of the length of each streetwall.
(6)
Within the McIntire/Fifth Street Residential Corridor:
a.
Additional building height, up to seven (7) stories may be allowed pursuant to a special use permit authorized by city council.
b.
Five (5) feet of the required front yard shall be landscaped.
c.
Where the side or rear of a lot adjoins a low-density residential district, there shall be a minimum setback of twenty (20) feet. Ten (10) feet of such required yards shall be planted with an S2 type landscaped buffer.
(7)
Upon the determination of the director of neighborhood development services or the planning commission that a reduction of a required side yard is necessary to accommodate any required off-street parking space(s), such yard may be reduced or eliminated.
(c)
In calculating the maximum land coverage allowed for a development, the following areas shall be included: buildable lots, buildings, structures, improved parking, driveways, alleys, sidewalks and streets, and other improvements.
(d)
Within the R-UMD and R-UHD zoning districts, in addition to the other requirements of this section and those set forth within Articles VIII and IX:
(1)
There shall be a minimum distance between any two (2) buildings located on the same lot, equal to that required by applicable state building or fire codes, or eight (8) feet, whichever is greater.
(2)
Notwithstanding the provisions of section 34-984, the parking requirement for a multifamily development shall be as follows:
i.
One (1) space for every two (2) bedrooms
ii.
By special use permit the city council may reduce these parking requirements, but in no case shall any requirement(s) be reduced below one-half (½) space per unit.
(9-15-03(3); 6-6-05(2); 11-21-05)
The front yards established in this article shall be adjusted in the following instances:
(1)
Where lots have double frontage, the required front yard shall be provided on both streets.
(2)
For a lot of record as of January 21, 1958, in the R-1, R-1S and R-2 districts, and for single- and two-family dwellings in the R-3 districts, the twenty-foot side yard requirement for corner lots may be reduced to whatever footage will permit a maximum buildable width of not more than thirty-two (32) feet. In no case shall such side street yard requirement be less than ten (10) feet.
(9-15-03(3); 6-6-05(2))
(a)
The following amenities are required for multifamily dwellings and developments, and for townhouse developments, within the city's R-3 zoning districts:
(1)
Laundry facilities shall be required, as follows: one (1) washer and one-half (½) dryer for every eight (8) units, plus one (1) additional dryer for every sixteen (16) units; minimum: two (2) washers and two (2) dryers.
(2)
Storage facilities (other than that within the dwelling units): Three (3) square feet per bedroom, minimum.
(3)
Recreational areas:
|
Dwelling Unit
|
Required Space
|
| Studio | 100 SF of adult space |
| 1 bedroom unit | 200 SF of adult space |
| 2 bedroom unit | 200 SF of adult space plus 20 SF of child space |
| 3 bedroom unit | 200 SF of adult space plus 40 SF of child space |
| 4+ bedroom unit | 200 SF of adult space plus 60 SF of child space |
(b)
The nature and proportions of recreational facilities may be altered if, in the opinion of the director of neighborhood development services or the planning commission, a result more appropriate for the location or use in question will be achieved (for example, mixed use spaces could be substituted for child use spaces). For the purposes of this section, the term "child use space" shall refer to facilities such as tot lots, playgrounds, nursery or daycare facilities, etc.; the term "adult space" shall refer to facilities such as rooftop or other terraces, health clubs, gym areas, etc.; and "mixed-use space" shall refer to facilities such as swimming pools, ball courts, meeting and other activity rooms; libraries and reading rooms, etc.
(c)
Required recreational areas shall be subject to the following additional requirements:
(1)
An area equal to twenty-five (25) percent of the total square footage of required recreational facilities shall consist of indoor or weather-protected facilities, so as to be usable year-round.
(2)
All recreational facilities shall be completely constructed, or sufficiently bonded to insure completion of construction, prior to issuance of any certificate of occupancy for the multifamily development, or any portion thereof.
(9-15-03(3))
Within the R-UMD and R-UHD zoning districts, the number of bedrooms permitted within a multifamily development shall be restricted as follows:
(1)
Density of 3-21 DUA:
R-UMD: Eighty-four (84) bedrooms per acre, maximum; not more than four (4) bedrooms per dwelling unit
R-UHD: Eighty-four (84) bedrooms per acre, maximum; not more than four (4) bedrooms per dwelling unit
(2)
Density of 22-64 DUA:
R-UMD: One hundred fifty (150) bedrooms per acre, maximum; not more than:
Four (4) bedrooms per dwelling unit (units attributable to density of up to twenty-one (21) DUA), and
Three (3) bedrooms per dwelling unit (units attributable to density in excess of twenty-one (21) DUA)
R-UHD: Two hundred fifteen (215) bedrooms per acre, maximum; not more than:
Four(4) bedrooms per dwelling unit (units attributable to density of up to twenty-one (21) DUA), and
Three (3) bedrooms per dwelling unit (units attributable to the density in excess of twenty-one (21) DUA)
(3)
For densities in excess of sixty-four (64) DUA approved by special use permit within the R-UHD district, the city council may establish reasonable conditions limiting the number of bedrooms per dwelling unit.
(9-15-03(3); 6-6-05(2))
Within a multifamily development proposed within any R-UMD or R-UHD district, an additional five (5) units shall be allowed over and above the number of units permitted by the density limitations of the applicable zoning district, for each single-family detached dwelling owned by the developer and for which the developer records restrictive covenants requiring such dwelling, for so long as it remains a residential use, to be: (i) owner-occupied, and (ii) used and occupied by no more than two (2) persons unrelated by blood or marriage. To qualify for this bonus, the single-family detached dwelling must be located within an R-1(U) or R-2(U) zoning district within the city, and the restrictive covenants must be recorded prior to approval of the preliminary site plan for the multifamily development to which the bonus units will be applied.
(9-15-03(3))
(a)
Retail stores and consumer service businesses located within a multifamily dwelling, where such dwelling is located in a multifamily development containing at least seventy-two (72) dwelling units, shall constitute permitted ancillary uses. However, such uses shall be limited to the following: convenience stores, pharmacies, newsstands, barbershops, beauty shops, laundromats, dry cleaners, delicatessens, and coffee shops.
(b)
The permitted ancillary uses listed in paragraph (a), above, are further subject to the following:
(1)
Notwithstanding the definition of "ancillary use" set forth within section 34-1200, retail sales and consumer service businesses shall not occupy, collectively, an area greater than seventy (70) square feet per dwelling unit in a multiple-family development, and no single retail store or consumer service business shall occupy an area of more than one thousand (1,000) square feet.
(2)
Such uses shall be located on the ground floor.
Building With Ground Floor Ancillary Uses
(3)
Each such use may have a non-illuminated identification sign, having an area of not more than two (2) square feet, that rests flat upon the facade of the building in which such use is located, or such signage as may be permitted within Article IX, Division 4, section 34-1020, et seq.), whichever is more restrictive.
(4)
No such use shall operate any delivery service(s), other than to occupants of the multifamily development of which such use is a part.
(5)
Such use shall be located, constructed, and operated in a manner whereby there is no external indication of the use by noise, glare, or odor.
(9-15-03(3))
Property management offices may be permitted ancillary to a multifamily dwelling or development that contains ten (10) or more dwelling units, provided that:
(1)
There is no exterior variation from the residential character of the building in which the office is located.
(2)
Such use may have one (1) non-illuminated sign, having an area of not more than four (4) square feet, or such signage as may be permitted within Article IX, Division 4, section 34-1020, et seq., whichever is more restrictive.
(3)
No mechanical equipment, other than equipment normally used within a residential household or office, shall be house or utilized within the office space.
(9-15-03(3))
The standards set forth within this division shall apply to townhouse developments, wherever permitted within the city. In the event of a conflict between these standards and those generally applicable within a particular zoning district, the standards within this division shall govern.
(9-15-03(3))
(a)
No more than eight (8) townhouses shall be included within any grouping ("row").
(b)
The facades of townhouses within a townhouse development may be varied by changed front yards, varied architectural features or designs, roof lines, etc.
(c)
Required distance between any two (2) rows of townhouses: Ten (10) feet, minimum.
(9-15-03(3))
(a)
The minimum area of a site containing a townhouse development shall be twelve thousand (12,000) square feet.
(b)
Within a townhouse development, there shall be an average minimum lot width (measured at the front building line) of twenty (20) feet; in no case shall any lot frontage be less than sixteen (16) feet. Lot width for end units shall be adequate to provide required front and side yards. Each individual townhouse unit shall have frontage on a dedicated public street, or on a private street.
(c)
No townhouse shall exceed a height of forty-five (45) feet.
(9-15-03(3))
Editor's note— Ord. of August 16, 2010, repealed section 34-389, which pertained to density of development. See also the Code Comparative Table.
If access to a townhouse development is to be provided by means of a private street or access easement, the following minimum standards shall be observed:
(1)
Minimum pavement width: Twenty-four(24) feet, exclusive of parking.
(2)
Concrete curb and gutter: Required on both sides of the street or easement.
(3)
Sidewalks: sidewalks of at least five (5) feet in width must be provided on at least one (1) side of the street or easement.
(4)
The radius for all cul-de-sacs shall be at least forty (40) feet, to be paved to a minimum radius of thirty-five (35) feet.
(5)
Trees shall be planted along the frontage of the street/easement, at fifty (50) foot intervals (maximum).
(9-15-03(3))
Within a townhouse development, open space and common areas (including, without limitation, the amenities required within section 34-366), and all buildings, structures, facilities, lighting and landscaping located therein, shall be and remain, for the life of the development, under ownership of a single individual, entity or association responsible for maintenance thereof. The developer of a townhouse development shall demonstrate to the satisfaction of the city that this requirement is satisfied, prior to issuance of any building permit(s) for construction within such development.
(9-15-03(3))
The purpose of the R-MHP district is to establish areas of the city deemed suitable for manufactured homes, and to ensure a safe and healthy residential environment consistent with existing land use and density patterns.
(9-15-03(3))
The uses allowed within the R-MHP zoning district are designated on the matrix set forth within section 34-416.
(9-15-03(3))
(a)
All spaces within a manufactured home park shall be and remain under single ownership.
(b)
The following requirements as to number, density, area, setbacks and height shall apply to manufactured home parks:
(1)
Minimum number of spaces in a manufactured home park: Ten (10).
(2)
Maximum density: Twelve (12) spaces per acre.
(3)
Minimum area, each space: Three thousand (3,000) square feet.
(4)
Minimum distance from street right-of-way or interior lot line of contiguous lot: Twenty-five (25) feet.
(5)
Minimum distance between manufactured homes, and between a manufactured home and any other building or structure: Fifteen (15) feet.
(6)
Maximum height of the manufactured home: Eighteen (18) feet from average grade.
(7)
Minimum manufactured home space dimension: Thirty (30) feet.
(c)
Provisions for water supply, sewer system and sanitary facilities, electrical equipment and systems, gas supply and drainage shall be provided and shall meet all applicable building code requirements.
(d)
Streets and walkways in the R-MHP District shall conform to the following:
(1)
Streets and driveways shall be provided within the park area to afford easy access to all parking spaces. Such streets and driveways shall be constructed with a hard, dustless road surface and shall provide ready means of entrance and exit to the street in an approved manner. The minimum width of streets providing for two-way traffic shall be thirty-six (36) feet when parking of cars is allowed on both sides and twenty-two (22) feet where parking is not allowed. Satisfactory means of drainage shall be provided with all streets and lanes draining into catch basins properly connected to the storm sewer system in accordance with applicable requirements for such facilities. Walkways shall be provided as necessary to all accessory buildings and service facilities of the park. Walks shall have a non-slip impervious surface and shall comply with applicable requirements for public sidewalks. Streets and walkways shall be illuminated as required for streets.
(2)
Every manufactured home space shall front on a private street built in accordance with city standards, or on a city-maintained public street.
(3)
Every manufactured home park shall have frontage on a public street.
(e)
At each entrance of any private street fronting along a manufactured home park, an eighteen-inch by twenty-four-inch sign shall be posted stating "Private Drive, No Thru Traffic." The lettering shall be readable from a distance of fifteen (15) feet.
(f)
All manufactured home parks shall have at least one (1) recreation area, located as to be free of traffic hazards, accessible to all residents and centrally located where topography permits:
(1)
Extent: Recreation areas and facilities, such as playgrounds, swimming pools, and community buildings should be provided which will meet the anticipated needs of the clientele the park is designed to serve. Provision of separate adult and juvenile recreational areas is encouraged.
(2)
Size: No less than five thousand (5,000) square feet of the gross park area shall be devoted to recreational facilities. Two hundred fifty (250) additional square feet shall be required for each manufactured home or travel trailer in excess of ten (10).
(3)
Recreation areas: Recreation areas include space for community buildings and community use facilities such as adult recreation and child play areas and swimming pools, but do not include vehicle parking, maintenance and utility areas, etc.
(g)
The operator of a manufactured home park shall keep an accurate register of all tenants occupying spaces within the park.
(h)
Manufactured home parks shall be enclosed with an approved fence or planted hedge, not less than seven (7) feet in height and with no openings to adjoining property other than the required entrances and exits to streets or public spaces.
(i)
Skirting shall be required for each manufactured home. For each space within the park, site preparation, utility connections, skirting installation and maintenance of the manufactured home shall meet all applicable building code requirements.
(9-15-03(3))
Notwithstanding any other provision of this chapter to the contrary (e.g., Article IX, sections 34-1140, et seq., governing nonconforming uses, lots and structures) a landowner or home owner may remove a valid nonconforming manufactured home from a manufactured home park and replace that home with another comparable manufactured home that meets the current HUD manufactured housing code. In such manufactured home park, a single-section home may replace a single-section home and a multi-section home may replace a multi-section home.
(9-15-03(3))
For additional regulations governing use and development of land within a residential zoning district, refer to:
(1)
Article VIII, sections 34-850, et seq. (Landscaping and Other Developments Subject to Site Plans).
(2)
Article IX (General Regulations), including, without limitation: Off-Street Parking (sections 34-970, et seq.), Outdoor Lighting (sections 34-1000, et seq.), Sign Regulations (sections 34-1020, et seq.), Buildings and Structures (sections 34-1100, et seq.), Lots and Parcels (sections 34-1120, et seq.), Approvals of residential dwellings (section 34-1125), and Mixed-use density calculation (section 34-1126).
(9-15-03(3))
The uses and residential densities allowed within the city's residential zoning districts are those identified within the matrix following below. (For a list of each of the city's zoning districts and their abbreviations, see section 34-216).
| A = Ancillary use | DUA = dwelling units per acre | P = provisional use permit |
| B = by-right use | GFA = gross floor area | S = special use permit |
| CR = commercial/residential | MFD = multifamily development | T = temporary use permit |
| A/S = Ancillary or Special Use Permit |
|
Use Types
|
ZONING DISTRICTS
|
|||||||||||
|
R-1
|
R-1U
|
R-1S
|
R-1SU
|
R-2
|
R-2U
|
R-3
|
R-UMD
|
R-UHD
|
MR
|
MHP
|
Requirements
34- xxxx |
|
| RESIDENTIAL AND RELATED USES | ||||||||||||
| Accessory apartment, internal | P | P | P | B | P | P | P | P | 1105; 1171 | |||
| Accessory apartment, external | P | P | P | P | P | P | P | 1105; 1171 | ||||
| Accessory buildings, structures and uses | B | B | B | B | B | B | B | B | B | B | B | 1105 |
| Adult assisted living | ||||||||||||
| 1—8 residents | B | B | B | B | B | B | B | B | B | B | B | |
| Greater than 8 residents | S | S | S | S | ||||||||
| Adult day care | S | |||||||||||
| Amateur radio antennas, to a height of 75 ft. | B | B | B | B | B | B | B | B | B | B | ||
| Bed-and-breakfast: | ||||||||||||
| Homestay | B | B | B | B | B | B | B | B | B | B | 935 | |
| B & B | B | B | B | B | 935 | |||||||
| Inn | S | S | S | S | 935 | |||||||
| Boarding: fraternity and sorority house | S | S | S | |||||||||
| Boarding house (rooming house) | S | S | S | S | ||||||||
| Convent/monastery | S | S | S | S | S | S | S | S | S | S | ||
| Criminal justice facility | ||||||||||||
| Dwellings: | ||||||||||||
| Multifamily | B | B | B | B | ||||||||
| Single-family attached | B | B | B | B | B | B | B | 1123 | ||||
| Single-family detached | B | B | B | B | B | B | B | B | B | B | B | 1123 |
| Townhouse | B | B | B | B | 386; 1123 | |||||||
| Two-family | B | B | B | B | B | B | 1123 | |||||
| Family day home | ||||||||||||
| 1—5 children | B | B | B | B | B | B | B | B | ||||
| 6—12 children | S | S | S | S | S | S | B | B | ||||
| Home occupation | P | P | P | P | P | P | P | P | P | P | P | 1172 |
| Manufactured home park | B | |||||||||||
| Night watchman's dwelling unit, accessory to industrial use | ||||||||||||
| Nursing homes | S | S | S | S | ||||||||
| Occupancy, residential | ||||||||||||
| 3 unrelated persons | B | B | B | B | B | B | B | B | B | B | B | |
| 4 unrelated persons | B | B | B | B | B | B | B | B | B | |||
| Residential density (developments) | ||||||||||||
| 1—21 DUA | B | B | B | B | ||||||||
| 22—43 DUA | S | B | B | S | ||||||||
| 44—64 DUA | S | B | ||||||||||
| 65—87 DUA | S | S | ||||||||||
| 88—200 DUA | ||||||||||||
| Residential treatment facility | ||||||||||||
| 1—8 residents | B | B | B | B | B | B | B | B | B | B | ||
| 8+ residents | S | S | S | |||||||||
| Shelter care facility | S | |||||||||||
| Single room occupancy facility | S | S | ||||||||||
| Temporary family health care structure | T | T | T | T | T | T | T | T | T | T | T | |
| NON-RESIDENTIAL: GENERAL and MISC. COMMERCIAL | ||||||||||||
| Access to adjacent multifamily, commercial, industrial or mixed-use development or use | B | B | B | B | ||||||||
| Accessory buildings, structures and uses | B | B | B | 1105 | ||||||||
| Amusement center | ||||||||||||
| Amusement enterprises (circuses, carnivals, etc.) | 1193 | |||||||||||
| Amusement park (putt-putt golf; skateboard parks, etc.) | ||||||||||||
| Animal boarding/grooming/kennels: | 933 | |||||||||||
| With outside runs or pens | ||||||||||||
| Without outside runs or pens | ||||||||||||
| Animal shelter | 933 | |||||||||||
| Art gallery: | ||||||||||||
| GFA 4,000 SF or less | ||||||||||||
| GFA up to 10,000 SF | ||||||||||||
| Art studio, GFA 4,000 SF or less | ||||||||||||
| Art workshop | ||||||||||||
| Assembly (indoor) | ||||||||||||
| Arena, stadium (enclosed) | ||||||||||||
| Auditoriums, theaters | ||||||||||||
| Houses of worship | B | B | B | B | B | B | B | B | B | B | ||
| Assembly (outdoor) | ||||||||||||
| Amphitheater | ||||||||||||
| Stadium (open) | ||||||||||||
| Temporary (outdoor church services, etc.) | T | T | T | T | T | T | T | T | T | T | 1191 | |
| Assembly plant, handcraft | ||||||||||||
| Assembly plant | ||||||||||||
| Automobile uses: | ||||||||||||
| Gas station | 931 | |||||||||||
| Parts and equipment sales | ||||||||||||
| Rental/leasing | ||||||||||||
| Repair/servicing business | ||||||||||||
| Sales | ||||||||||||
| Tire sales and recapping | ||||||||||||
| Bakery, wholesale | ||||||||||||
| GFA 4,000 SF or less | ||||||||||||
| GFA up to 10,000 SF | ||||||||||||
| Banks/ financial institutions | ||||||||||||
| Bowling alleys | ||||||||||||
| Car wash | 930 | |||||||||||
| Catering business | ||||||||||||
| Cemetery | S | S | S | S | S | S | S | |||||
| Clinics: | ||||||||||||
| Health clinic (no GFA limit) | ||||||||||||
| Health clinic (up to 10,000 SF, GFA) | ||||||||||||
| Health clinic (up to 4,000 SF, GFA) | B | B | B | |||||||||
| Public health clinic | B | B | B | |||||||||
| Veterinary (with outside pens/runs) | 933 | |||||||||||
| Veterinary (without outside pens/runs) | 933 | |||||||||||
| Clubs, private | S | S | S | S | S | S | S | S | S | S | ||
| Communications facilities: | 1070 et seq. | |||||||||||
| Attached facilities utilizing utility poles as the attachment structure | B | B | B | B | B | B | B | B | B | B | ||
| Attached facilities not visible from any adjacent street or property | B | B | B | B | B | B | B | B | B | B | ||
| Attached facilities visible from an adjacent street or property | ||||||||||||
| Carrier on wheels (COW) | ||||||||||||
| Towers | ||||||||||||
| Monopole tower | ||||||||||||
| Guyed tower | ||||||||||||
| Lattice tower | ||||||||||||
| Self-supporting tower | ||||||||||||
| Contractor or tradesman's shop, general | ||||||||||||
| Crematorium (independent of funeral home) | ||||||||||||
| Data center | ||||||||||||
| Daycare facility | S | S | S | S | S | S | B | B | B | B | B | |
| Dry cleaning establishments | ||||||||||||
| Educational facilities (non-residential) | ||||||||||||
| Elementary | S | S | S | S | S | S | B | B | B | B | ||
| High schools | S | S | S | S | S | S | B | B | B | B | ||
| Colleges and universities | S | S | S | S | S | S | B | B | B | B | ||
| Artistic up to 4,000 SF, GFA | ||||||||||||
| Artistic up to 10,000 SF, GFA | ||||||||||||
| Vocational, up to 4,000 SF, GFA | ||||||||||||
| Vocational, up to 10,000 SF, GFA | ||||||||||||
| Electronic gaming café | 937 | |||||||||||
| Funeral home (without crematory) | ||||||||||||
| GFA 4,000 SF or less | S | |||||||||||
| GFA up to 10,000 SF | S | |||||||||||
| Funeral homes (with crematory) | ||||||||||||
| GFA 4,000 SF or less | S | |||||||||||
| GFA up to 10,000 SF | S | |||||||||||
| Golf course | ||||||||||||
| Golf driving range | ||||||||||||
| Helipad | ||||||||||||
| Hospital | ||||||||||||
| Hotels/motels: | ||||||||||||
| Up to 100 guest rooms | ||||||||||||
| 100+ guest rooms | ||||||||||||
| Laundromats | A | A | A | A | A | |||||||
| Libraries | B | B | B | B | B | B | B | B | B | B | B | |
| Manufactured home sales | ||||||||||||
| Micro-producers | ||||||||||||
| Small Breweries | ||||||||||||
| Movie theaters, cineplexes | ||||||||||||
| Municipal/governmental offices, buildings, courts | S | S | S | S | S | S | S | S | S | S | S | |
| Museums: | ||||||||||||
| Up to 4,000 SF, GFA | ||||||||||||
| Up to 10,000 SF, GFA | ||||||||||||
| Offices: | ||||||||||||
| Business and professional | ||||||||||||
| Medical | ||||||||||||
| Philanthropic institutions/agencies | ||||||||||||
| Property management | A | A | A | A | A | 370 | ||||||
| Other offices (non-specified) | ||||||||||||
| Outdoor storage, accessory | ||||||||||||
| Parking: | ||||||||||||
| Parking garage | A/S | A/S | A/S | A/S | ||||||||
| Surface parking lot | A | A | A | A | ||||||||
| Surface parking lot (more than 20 spaces) | A | A | A | A | 873 | |||||||
| Temporary parking facilities | T | T | 873 | |||||||||
| Photography studio | ||||||||||||
| Photographic processing; blueprinting | ||||||||||||
| Radio/television broadcast stations | ||||||||||||
| Recreational facilities: | 366 | |||||||||||
| Indoor: health/sports clubs; tennis club; swimming club; yoga studios; dance studios, skating rinks, recreation centers, etc. (on City-owned, City School Board-owned, or other public property) | B | B | B | B | B | B | B | B | B | B | B | B |
| Indoor: health/sports clubs; tennis club; swimming club; yoga studios; dance studios, skating rinks, recreation centers, etc. (on private property) | ||||||||||||
| GFA 4,000 SF or less | A | A | A | A | ||||||||
| GFA up to 10,000 SF | ||||||||||||
| GFA more than 10,000 SF | ||||||||||||
| Outdoor: Parks, playgrounds, ball fields and ball courts, swimming pools, picnic shelters, etc. (city owned), and related concession stands | B | B | B | B | B | B | B | S | S | S | 366 | |
| Outdoor: Parks, playgrounds, ball fields and ball courts, swimming pools, picnic shelters, etc. (private) | S | S | S | S | S | S | S | S | S | S | 366 | |
| Restaurants: | ||||||||||||
| Dance hall/all night | 1174 | |||||||||||
| Drive-through windows | ||||||||||||
| Fast food | ||||||||||||
| Full service | ||||||||||||
| Taxi stand | ||||||||||||
| Towing service, automobile | ||||||||||||
| Technology-based businesses | ||||||||||||
| Transit facility | ||||||||||||
| Utility facilities | S | S | S | S | S | S | S | S | S | S | ||
| Utility lines | B | B | B | B | B | B | B | B | B | B | B | |
| NON-RESIDENTIAL USES: RETAIL | ||||||||||||
| Accessory buildings, structures and uses | 1105 | |||||||||||
| Consumer service businesses: | ||||||||||||
| Up to 4,000 SF, GFA | A | A | A | 369 | ||||||||
| Up to 10,000 SF, GFA | ||||||||||||
| 10,001+ GFA | ||||||||||||
| Farmer's market | ||||||||||||
| Greenhouses/nurseries | ||||||||||||
| Grocery stores: | ||||||||||||
| Convenience | ||||||||||||
| General, up to 10,000 SF, GFA | ||||||||||||
| General, 10,001+ SF, GFA | ||||||||||||
| Home improvement center | ||||||||||||
| Pharmacies: | ||||||||||||
| 1—1,700 SF, GFA | ||||||||||||
| 1,701—4,000 SF, GFA | ||||||||||||
| 4,001+ SF, GFA | ||||||||||||
| Shopping centers | ||||||||||||
| Shopping malls | ||||||||||||
| Temporary sales, outdoor (flea markets, craft fairs, promotional sales, etc.) | 1192 | |||||||||||
| Other retail stores (non-specified): | ||||||||||||
| Up to 4,000 SF, GFA | ||||||||||||
| Up to 20,000 SF GFA | ||||||||||||
| 20,000+ SF, GFA | ||||||||||||
| NON-RESIDENTIAL: INDUSTRIAL | ||||||||||||
| Accessory buildings, structures and uses | 1105 | |||||||||||
| Assembly, industrial | ||||||||||||
| Beverage or food processing, packaging and bottling plants | ||||||||||||
| Brewery and bottling facility | ||||||||||||
| Compounding of cosmetics, toiletries, drugs and pharmaceutical products | ||||||||||||
| Construction storage yard | 1173 | |||||||||||
| Contractor or tradesman shop (HAZMAT) | ||||||||||||
| Frozen food lockers | ||||||||||||
| Greenhouse/nursery (wholesale) | ||||||||||||
| Industrial equipment: service and repair | ||||||||||||
| Janitorial service company | ||||||||||||
| Kennels | ||||||||||||
| Laboratory, medical | ||||||||||||
| Laboratory, pharmaceutical | ||||||||||||
| Landscape service company | ||||||||||||
| Laundries | ||||||||||||
| Manufactured home sales | ||||||||||||
| Manufacturing, light | ||||||||||||
| Medical laboratories | ||||||||||||
| Moving companies | ||||||||||||
| Pharmaceutical laboratories | ||||||||||||
| Printing/publishing facility | ||||||||||||
| Open storage yard | ||||||||||||
| Outdoor storage, accessory to industrial use | ||||||||||||
| Research and testing laboratories | ||||||||||||
| Self-storage companies | ||||||||||||
| Warehouses | ||||||||||||
| Welding or machine shop | ||||||||||||
| Wholesale establishments | ||||||||||||
(9-15-03(3); 6-6-05(2); 9-15-08(1); 3-16-09(3); 7-20-09(2); 7-21-10; 10-4-10(2); 1-18-11; 12-21-15(2); 9-6-16, § 1)
The purpose of the city's commercial districts is to regulate the use of land, buildings, structures and other premises for business uses, in order to encourage economic development activities that are both harmonious with surrounding areas and which provide desirable employment, expand the city's tax base, and provide convenient goods, services and amenities to residents of the city. There are five (5) commercial districts, as follows:
(a)
B-1: The B-1 business district is established to provide for service-type businesses and office uses of a limited size, which are open primarily during daytime hours. The intent of the B-1 regulations is to provide a transitional district between residential areas and other commercial areas of the city. The uses permitted within this district are those which will have only minimal traffic impacts, and only minimal noise, odors, smoke, fumes, fire or explosion hazards, lighting glare, heat or vibration.
(b)
B-2: The B-2 business district is established to provide for commercial uses of limited size, primarily serving neighborhood needs for convenience goods. The intent of the B-2 regulations is to encourage clustering of these neighborhood-serving commercial uses. The uses permitted within this district are those which will generate minimal traffic originating outside the neighborhood areas served, and that will generate minimal noise, odors and fumes, smoke, fire or explosion hazards, lighting glare, heat or vibration.
(c)
B-3: The B-3 business district is to provide for major commercial uses, of a type that is likely to generate significant amounts of traffic from points within as well as external to the surrounding neighborhood, and that may generate moderate noise, odors or fumes, smoke, fumes, fire or explosion hazards, lighting glare, heat or vibration.
(d)
M-I: The M-I district is established to allow areas for light industrial uses that have a minimum of environmental pollution in the form of traffic, noise, odors, smoke and fumes, fire and explosion hazard, glare and heat and vibration.
(e)
Emmet Street Commercial Corridor (ES): The Emmet Street Corridor district is established to allow areas for low-intensity commercial development along Emmet Street adjacent to the Barracks Road shopping center, recognizing the shallow depth of lots in this area. Areas included within this district are those adjacent to or in the immediate vicinity of the eastern side of Emmet Street, from Barracks Road to just south of Massie Road.
(f)
Industrial Corridor (IC): The intent of the Industrial Corridor district is to provide areas for light industrial activity that is directed to assembly and technological businesses rather than heavy manufacturing. This district provides opportunities for large scale commercial uses and manufacturing or industrial type uses that are more compatible with the neighborhoods that surround the manufacturing properties. Regulations provide for buffering from incompatible uses, but encourage these important employment centers to locate within the district. Within this district frontage along any of the following streets may be subject to special setback regulations:
Primary streets: Allied Street, Concord Avenue, Dale Avenue, Harris Street, Henry Avenue, and River Road.
Linking streets: Belleview Avenue and Smith Street.
(9-15-03(3))
The uses allowed within the city's various commercial zoning districts are those designated in the matrix set forth within section 34-472.
(9-15-03(3))
(a)
Except as provided in subparagraph (b) below, all buildings and structures shall be constructed within the area defined by the following height, and yard requirements, according to the zoning district in which such building or structure is located, as follows:
|
Zoning District
|
Height
Restrictions |
Required Front Yard
|
Required
Side Yard |
Required
Rear Yard |
| B-1 | 45 feet, max. | 20 feet, min. | None Req'd. | None Req'd. |
| B-2 | 45 feet, max. | 20 feet, min. | None Req'd. | None Req'd. |
| B-3 | 70 feet, max. | None Req'd.* | None Req'd. | None Req'd. |
| MI | 85 feet, max. | 20 feet, min. | None Req'd. | None Req'd. |
| Emmet Corridor (ES) | 3 stories, max. | 5 feet, min. | None Req'd. | None Req'd. |
| Industrial Corridor (IS) | 4 stories, max. | None Req'd. | None Req'd. |
(b)
Exceptions to the dimensional requirements set forth within subparagraph (a), above, are as follows:
(1)
B-3 zoning district: Where forty (40) percent or more of the other properties on the same block are developed with a front yard setback, there shall be a required front yard equal to the average of the front yard setbacks along that block, to a maximum of twenty (20) feet.
(2)
B-1, B-2, B-3 and M-I districts: on the side of a lot adjoining a residential district or use, there shall be a side yard of one (1) foot for every two (2) feet of building height of the tallest building on the lot, minimum of ten (10) feet, except that on a corner lot where the adjoining residential district is across the street, the required street side yard shall be five (5) feet.
(3)
B-1, B-2, B-3, and M-I districts: when the rear of a lot adjoins a residential district or use, there shall be a minimum rear yard of twenty (20) feet.
(4)
Emmet Street corridor district (ES):
a.
Where any side of a lot adjoins a low-density residential district, there shall be a minimum side yard of ten (10) feet. At least five (5) feet of this required yard shall be planted with an S-2 type landscaped buffer.
b.
Where any side of a lot adjoins a public street, there shall be a minimum side yard of five (5) feet.
c.
Where the rear of a lot adjoins a low-density residential district, there shall be a minimum rear yard of twenty (20) feet.
(5)
Industrial corridor district (IC):
a.
Up to six (6) stories of building height may be allowed for a mixed-use building or development by special use permit, provided that no additional height may be allowed for any building that is located within two hundred (200) feet of any low-density residential district.
b.
Setbacks shall be required, as follows:
(i)
Primary street frontage: No minimum requirement; twenty (20) feet, maximum
(ii)
Linking street frontage: Ten (10) feet, minimum; twenty (20) feet, maximum.
(iii)
Side and rear, adjacent to any low density residential district: Twenty (20) feet, minimum.
(iv)
Side and rear, adjacent to any other zoning district: None required.
c.
Along the frontage with any low density residential district, side and rear buffers shall be required, ten (10) feet, minimum, consisting of an S-3 type buffer (refer to section 34-871).
(9-15-03(3); 11-21-05)
(a)
Mixed use developments shall be allowed within the zoning districts that are the subject of this article. For the purpose of this section, the term mixed use development shall mean a development project containing residential uses in combination with commercial and/or institutional uses, and the terms development site and mixed use development site shall mean and refer to all the lots or parcels of land containing, or proposed to contain, any component(s) of a mixed use development, where all such lots or parcels have been included within and are subject to the requirements of a single site plan.
(b)
By application made and joined by all owners of property comprising a mixed use development site, residential density in excess of twenty-one (21) units per acre, calculated with respect to the entire development site, may be permitted with a special use permit.
(9-15-03(3))
For additional regulations governing use and development of land within a commercial zoning district, refer to:
(1)
Article VIII, sections 34-850, et seq. (Landscaping and Other Developments Subject to Site Plans).
(2)
Article IX (General Regulations), including, without limitation: Off-Street Parking (sections 34-970, et seq.), Outdoor Lighting (sections 34-1000, et seq.), Sign Regulations (sections 34-1020, et seq.), Buildings and Structures (sections 34-1100, et seq.), Lots and Parcels (sections 34-1120, et seq.), Approvals of residential dwellings (section 34-1125), and Mixed-use density calculation (section 34-1126).
(9-15-03(3))
The uses and residential densities allowed within the city's commercial zoning districts are those identified within the matrix following below. (For a list of each of the city's zoning districts and their abbreviations, see section 34-216).
| A = Ancillary use | DUA = dwelling units per acre | P = provisional use permit |
| B = by-right use | GFA = gross floor area | S = special use permit |
| CR = commercial/residential | MFD = multifamily development | T = temporary use permit |
| A/S = Ancillary or special use permit |
|
Use Types
|
ZONING DISTRICTS
|
||||||
| B-1 | B-2 | B-3 | M-I | ES | IC |
Requirements
34 - xxxx |
|
| RESIDENTIAL AND RELATED USES | |||||||
| Accessory apartment, internal | P | P | P | 1105; 1171 | |||
| Accessory apartment, external | P | P | P | 1105; 1171 | |||
| Accessory buildings, structures and uses | B | B | B | B | B | B | 1105 |
| Adult assisted living | |||||||
| 1—8 residents | B | B | B | B | |||
| Greater than 8 residents | B | B | B | B | |||
| Adult day care | B | B | B | B | |||
| Amateur radio antennas, to a height of 75 ft. | B | B | B | B | B | B | |
| Bed-and-breakfast: | |||||||
| Home stay | B | B | B | ||||
| B & B | B | B | B | ||||
| Inn | B | B | B | ||||
| Boarding: fraternity and sorority house | B | B | B | ||||
| Boarding house (rooming house) | B | B | B | ||||
| Convent/monastery | B | B | B | B | B | B | |
| Criminal justice facility | S | ||||||
| Dwellings: | |||||||
| Multifamily | B | B | B | S | M | ||
| Single-family attached | B | B | B | S | 1123 | ||
| Single-family detached | B | B | B | S | 1123 | ||
| Townhouse | B | B | B | S | 386; 1123 | ||
| Two-family | B | B | B | S | 1123 | ||
| Family day home | |||||||
| 1—5 children | B | B | B | ||||
| 6—12 children | B | B | B | ||||
| Home occupation | P | P | P | P | |||
| Manufactured home park | |||||||
| Night watchman's dwelling unit, accessory to industrial use | B | B | |||||
| Nursing homes | B | B | B | B | |||
| Occupancy, residential | |||||||
| 3 unrelated persons | B | B | B | B | |||
| 4 unrelated persons | B | B | B | B | B | ||
| Residential density (developments) | |||||||
| 1—21 DUA | B | B | B | S | M | ||
| 22—43 DUA | S | S | S | S | |||
| 44—64 DUA | S | S | S | S | |||
| 65—87 DUA | S | S | S | ||||
| 88—200 DUA | |||||||
| Residential treatment facility | |||||||
| 1—8 residents | B | B | B | S | |||
| 8+ residents | |||||||
| Shelter care facility | B | B | B | ||||
| Single room occupancy facility | S | S | S | S | S | ||
| Temporary family health care structure | T | T | T | T | |||
| NON-RESIDENTIAL: GENERAL and MISC. COMMERCIAL | |||||||
| Access to adjacent multifamily, commercial, industrial or mixed-use development or use | B | B | B | B | B | B | |
| Accessory buildings, structures and uses | B | B | B | B | B | B | 1105 |
| Amusement center | S | S | S | S | |||
| Amusement enterprises (circuses, carnivals, etc.) | T | T | T | 1193 | |||
| Amusement park (putt-putt golf; skateboard parks, etc.) | S | ||||||
| Animal boarding/grooming/kennels: | 933 | ||||||
| With outside runs or pens | S | S | |||||
| Without outside runs or pens | S | B | B | ||||
| Animal shelter | S | B | S | 933 | |||
| Art gallery: | |||||||
| GFA 4,000 SF or less | B | B | B | B | B | B | |
| GFA up to 10,000 SF | B | B | B | B | B | B | |
| Art studio, GFA 4,000 SF or less | B | B | B | B | B | ||
| Art workshop | B | B | B | B | S | B | |
| Assembly (indoor) | |||||||
| Arena, stadium (enclosed) | S | S | S | S | S | ||
| Auditoriums, theaters | B | B | B | B | |||
| Houses of worship | B | B | B | B | B | B | |
| Assembly (outdoor) | |||||||
| Amphitheater | S | S | S | S | S | ||
| Stadium (open) | S | S | S | S | S | ||
| Temporary (outdoor church services, etc.) | T | T | T | T | T | T | 1191 |
| Assembly plant, handcraft | S | B | B | ||||
| Assembly plant | S | B | B | ||||
| Automobile uses: | |||||||
| Gas station | B | B | B | B | 931 | ||
| Parts and equipment sales | B | B | B | B | |||
| Rental/leasing | B | B | B | ||||
| Repair/servicing business | B | B | B | B | |||
| Sales | B | B | B | ||||
| Tire sales and recapping | B | B | B | ||||
| Bakery, wholesale | |||||||
| GFA 4,000 SF or less | B | B | B | B | B | ||
| GFA up to 10,000 SF | B | B | B | ||||
| Banks/financial institutions | B | B | B | B | |||
| Bowling alleys | B | B | 930 | ||||
| Car wash | B | B | B | B | |||
| Catering business | S | S | B | B | B | ||
| Cemetery | S | S | S | S | |||
| Clinics: | |||||||
| Health clinics, including public health clinics (more than 10,000 SF, GFA) | S | B | B | B | B | ||
| Health clinics, including public health clinics (up to 10,000 SF, GFA) | B | B | B | B | B | ||
| Veterinary (with outside pens/runs) | B | 933 | |||||
| Veterinary (without outside pens/runs) | S | S | B | B | B | 933 | |
| Clubs, private | S | B | B | ||||
| Communications facilities: | 1070 et seq. | ||||||
| Attached facilities utilizing utility poles as the attachment structure | B | B | B | B | B | B | |
| Attached facilities not visible from any adjacent street or property | B | B | B | B | B | B | |
| Attached facilities visible from an adjacent street or property | B | B | B | B | S | B | |
| Carrier on wheels | P | P | P | P | P | P | P |
| Towers | B | B | B | ||||
| Monopole tower | B | B | B | ||||
| Guyed tower | B | S | |||||
| Lattice tower | B | B | |||||
| Self-supporting tower | B | B | |||||
| Contractor or tradesman's shop, general | B | B | B | ||||
| Crematorium (independent of funeral home) | B | B | B | ||||
| Data center | |||||||
| >4,000 | B | B | B | B | |||
| <4,000 | B | B | B | B | B | B | |
| Daycare facility | B | B | B | B | B | B | |
| Dry cleaning establishments | S | B | B | B | S | B | |
| Educational facilities (non-residential) | |||||||
| Elementary | B | B | B | ||||
| High schools | B | B | B | ||||
| Colleges and universities | S | S | S | S | |||
| Artistic up to 4,000 SF, GFA | B | B | B | B | |||
| Artistic up to 10,000 SF, GFA | B | B | B | B | |||
| Vocational, up to 4,000 SF, GFA | B | B | B | B | |||
| Vocational, up to 10,000 SF, GFA | B | B | B | B | |||
| Electronic gaming café | S | 937 | |||||
| Funeral home (without crematory) | |||||||
| GFA 4,000 SF or less | B | B | B | B | B | B | |
| GFA up to 10,000 SF | B | B | B | B | B | B | |
| Funeral homes (with crematory) | |||||||
| GFA 4,000 SF or less | B | B | B | B | B | B | |
| GFA up to 10,000 SF | B | B | B | B | B | B | |
| Golf course | |||||||
| Golf driving range | S | S | |||||
| Helipad | S | S | S | ||||
| Hospital | S | S | B | ||||
| Hotels/motels: | |||||||
| Up to 100 guest rooms | S | B | B | S | |||
| 100+ guest rooms | S | B | S | ||||
| Laundromats | A | B | B | B | B | ||
| Libraries | B | B | B | B | |||
| Manufactured home sales | S | S | |||||
| Micro-producers | B | B | B | B | |||
| Small Breweries | S | S | B | B | |||
| Mobile food units | P | P | P | P | P | P | |
| Movie theaters | B* | B | B | *<6 screens | |||
| Municipal/governmental offices, buildings, courts | B | B | B | B | B | B | |
| Museums: | |||||||
| Up to 4,000 SF, GFA | S | B | B | B | S | B | |
| Up to 10,000 SF, GFA | S | B | S | B | |||
| Music halls | P | P | S | B | |||
| Offices: | |||||||
| Business and professional | B | B | B | B | B | B | |
| Medical | B | B | B | B | B | ||
| Philanthropic institutions/agencies | B | B | B | B | B | B | |
| Property management | B | B | B | B | 370 | ||
| Other offices (non-specified) | B | B | B | B | B | B | |
| Outdoor storage, accessory | B | S | B | ||||
| Parking: | 970 et seq. | ||||||
| Parking garage | B | B | B | ||||
| Surface parking lot | A/S | A/S | A/S | B | A | B | 873 |
| Surface parking lot (more than 20 spaces) | A | A | A | B | A | B | 873 |
| Temporary parking facilities | T | T | T | T | T | ||
| Photography studio | B | B | B | B | B | B | |
| Photographic processing; blueprinting | B | B | B | ||||
| Radio/television broadcast stations | B | B | B | B | B | ||
| Recreational facilities: | 366 | ||||||
| Indoor: health/sports clubs; tennis club; swimming club; yoga studios; dance studios, skating rinks, recreation centers, etc. (on city-owned, city school board-owned, or other public property) | B | B | B | B | |||
| Indoor: health/sports clubs; tennis club; swimming club; yoga studios; dance studios, skating rinks, recreation centers, etc. (on private property) | |||||||
| GFA 4,000 SF or less | B | B | B | B | S | ||
| GFA up to 10,000 SF | S | B | B | B | |||
| GFA more than 10,000 SF | S | B | S | ||||
| Outdoor: Parks, playgrounds, ball fields and ball courts, swimming pools, picnic shelters, etc. (city owned), and related concession stands | S | S | S | S | S | S | |
| Outdoor: Parks, playgrounds, ball fields and ball courts, swimming pools, picnic shelters, etc. (private) | S | S | S | S | S | S | |
| Restaurants: | |||||||
| Dance hall/all night | P | P | 1174 | ||||
| Drive-through windows | S | B | B | S | |||
| Fast food | B | B | B | S | B | ||
| Full service | B | B | B | B | B | ||
| 24-hour | P | P | |||||
| Taxi stand | B | B | B | B | B | B | |
| Towing service, automobile | B | B | B | ||||
| Technology-based businesses | S | S | B | B | B | B | |
| Transit facility | B | B | B | B | B | B | |
| Utility facilities | S | S | S | S | S | S | |
| Utility lines | B | B | B | B | B | B | |
| NON-RESIDENTIAL USES: RETAIL | |||||||
| Accessory buildings, structures and uses | B | B | B | B | B | B | |
| Consumer service businesses: | |||||||
| Up to 4,000 SF, GFA | B | B | B | B | B | B | |
| Up to 10,000 SF, GFA | S | B | B | B | B | ||
| 10,001+ GFA | S | S | B | S | B | ||
| Farmer's market | S | S | B | B | |||
| Greenhouses/nurseries | B | B | B | ||||
| Grocery stores: | |||||||
| Convenience | B | B | B | S | B | ||
| General, up to 10,000 SF, GFA | B | B | B | B | |||
| General, 10,001+ SF, GFA | B | B | B | ||||
| Home improvement center | B | B | B | ||||
| Pharmacies: | |||||||
| 1—1,700 SF, GFA | B | B | B | B | B | B | |
| 1,701—4,000 SF, GFA | S | B | B | B | S | B | |
| 4,001+ SF, GFA | S | B | B | S | B | ||
| Shopping centers | B | B | |||||
| Shopping malls | S | S | |||||
| Temporary sales, outdoor (flea markets, craft fairs, promotional sales, etc.) | T | T | |||||
| Other retail stores (non-specified): | |||||||
| Up to 4,000 SF, GFA | B | B | B | B | B | B | |
| Up to 20,000 SF GFA | S | B | S | B | |||
| 20,000+ SF, GFA | B | S | |||||
| NON-RESIDENTIAL: INDUSTRIAL | |||||||
| Accessory buildings, structures and uses | B | B | B | B | B | B | 1105 |
| Assembly, industrial | S* | S | S | B | B | *<4,000 sq. ft. | |
| Beverage or food processing, packaging and bottling plants | B | B | |||||
| Brewery and bottling facility | B | B | |||||
| Compounding of cosmetics, toiletries, drugs and pharmaceutical products | B | B | |||||
| Construction storage yard | B | S | 1173 | ||||
| Contractor or tradesman shop (HAZMAT) | B | ||||||
| Frozen food lockers | B | B | B | B | |||
| Greenhouse/nursery (wholesale) | B | B | B | ||||
| Industrial equipment: service and repair | B | B | B | ||||
| Janitorial service company | B | B | B | ||||
| Kennels | S | ||||||
| Laboratory, medical | S | S | B | B | B | ||
| Laboratory, pharmaceutical | B | B | B | ||||
| Landscape service company | S | B | B | ||||
| Laundries | B | B | B | B | |||
| Manufactured home sales | S | B | |||||
| Manufacturing, light | B | B | |||||
| Moving companies | B | B | B | ||||
| Printing/publishing facility | S | S | B | B | B | ||
| Open storage yard | B | S | 1173 | ||||
| Outdoor storage, accessory to industrial use | B | S | 1173 | ||||
| Research and testing laboratories | S | S | B | B | B | ||
| Self-storage companies | S | B | S | ||||
| Warehouses | S | B | B | ||||
| Welding or machine shop | B | ||||||
| Wholesale establishments | B | B | B | ||||
| Sign painting | S | B | B | ||||
(6-6-05(2); 11-6-06(2); 2-20-07; Ord. of 5-21-07(3); 9-15-08(1); 3-16-09(3); 7-20-09(2); 10-4-10(2); 10-4-10(3); 1-18-11; 4-18-11(2); 5-6-13(2); 12-21-15(2); 9-6-16, § 1)
In reviewing an application for approval of a planned unit development (PUD) or an application seeking amendment of an approved PUD, in addition to the general considerations applicable to any rezoning the city council and planning commission shall consider whether the application satisfies the following objectives of a PUD district:
(1)
To encourage developments of equal or higher quality than otherwise required by the strict application of zoning district regulations that would otherwise govern;
(2)
To encourage innovative arrangements of buildings and open spaces to provide efficient, attractive, flexible and environmentally sensitive design.
(3)
To promote a variety of housing types, or, within a development containing only a single housing type, to promote the inclusion of houses of various sizes;
(4)
To encourage the clustering of single-family dwellings for more efficient use of land and preservation of open space;
(5)
To provide for developments designed to function as cohesive, unified projects;
(6)
To ensure that a development will be harmonious with the existing uses and character of adjacent property, and/or consistent with patterns of development noted with respect to such adjacent property;
(7)
To ensure preservation of cultural features, scenic assets and natural features such as trees, streams and topography;
(8)
To provide for coordination of architectural styles internally within the development as well as in relation to adjacent properties along the perimeter of the development; and
(9)
To provide for coordinated linkages among internal buildings and uses, and external connections, at a scale appropriate to the development and adjacent neighborhoods;
(10)
To facilitate access to the development by public transit services or other single-vehicle-alternative services, including, without limitation, public pedestrian systems.
(9-15-03(3))
Only those uses shown on an approved PUD development plan shall be permitted uses.
(9-15-03(3); 9-16-13)
A PUD shall contain two (2) or more acres of land. A PUD may be comprised of one (1) or more lots or parcels of land. The lots or parcels proposed for a PUD, and all acreage(s) contained therein, shall either be contiguous, or shall be within close proximity to one another and integrated by means of pedestrian walkways or trails, bicycle paths, and/or streets internal to the development. City council may vary or modify the proximity requirement.
(9-15-03(3); 11-20-06(5); 9-16-13)
(a)
As used within this article, the term "open space" shall mean land designated on an approved development plan for a PUD as being reserved for the use, benefit and enjoyment of all residents of the PUD. Such open space may consist of common areas owned and maintained by a developer, or non-profit corporation or property owners' association, and/or any parkland, hiking trails, drainage area, or similar areas dedicated to the public and accepted by the city.
(b)
The following amount of open space shall be required within a PUD: At least fifteen (15) percent of the gross area of all land included within the PUD development site; however, the city council may reduce this requirement in situations where through creative design, or in light of the nature and extent of active recreational facilities provided, it deems the overall objectives of the PUD are best served by such reduction.
(c)
Open space must be useable for recreational purposes, or provide visual, aesthetic or environmental amenities. The following areas shall be excluded from areas counted as open space: buildable lots, buildings and structures, streets, parking areas, and other improvements, other than those of a recreational nature. The following improvements may be counted as part of required open space: playgrounds, ball courts, swimming pools, picnic areas and shelters, parks, walking paths and hiking trails, landscaped terraces, open-air plazas, and similar amenities. Land within a floodway or floodway fringe may be used to satisfy the open space requirement for a PUD; however, not more than thirty-three (33) percent of such land may be counted towards open space requirements.
(d)
Open space shall be provided within each phase of a PUD, in sufficient amounts to serve the expected uses and/or residential population of that phase.
(e)
All property owners within a PUD shall have access to the open space by means of a public street, or a private street or walkway located within an easement reserving property for such access.
(9-15-03(3))
(a)
All property within a PUD shall remain under single entity ownership of a developer, or group of developers, unless and until provision is made which insures the establishment and ongoing maintenance and operation of all open space, recreational facilities, and other common areas within the development. The developer or developers of the PUD shall not lease or sell any property within the PUD unless or until the director of neighborhood development services determines, in writing, that such satisfactory provisions have been made.
(b)
Where a property owners' association is established to own and maintain common areas within a PUD (including all required open space remaining in private ownership) the following requirements shall apply:
(1)
The property owners' association shall be established and constituted in accordance with the Virginia Property Owners' Association Act, prior to the final approval, recordation and lease or sale of any lot within the PUD;
(2)
The membership of the property owners' association, and the obligations of such association with respect to the common areas, shall be set forth within a declaration, suitable for recording in the land records of the Circuit Court for the City of Charlottesville, meeting the requirements of the Virginia Property Owners' Association Act. The declaration shall detail how the association shall be organized, governed and administered; specific provisions for the establishment, maintenance and operational responsibilities of common areas and the improvements established therein; and the method of assessing individual property owners for their share of costs associated with the common areas.
(c)
All common areas and required open space within a PUD shall be preserved for their intended purpose as expressed in the approved development plan. All deeds conveying any interest(s) in property located within the PUD shall contain covenants and restrictions sufficient to ensure that such areas are so preserved. Deed covenants and restrictions shall run with the land and be for the benefit of present as well as future property owners and shall contain a prohibition against partition.
(9-15-03(3))
The dimensional standards (i.e., restrictions of the height, area, location and arrangement of buildings and structures, lot area requirements, and required yards) and landscaping requirements applicable within a PUD district shall consist of: (i) any specific requirements or limitations set forth within this article, (ii) those shown on the approved development plan for the PUD, and (iii) those described within any approved proffers.
(9-15-03(3))
(a)
Within a PUD district:
(1)
With respect to any building located within seventy-five (75) feet of a low-density residential zoning district, which includes R-1, R-1S, and R-2, the height regulations of the residential district shall apply to that building.
(2)
No non-residential use shall be located within seventy-five (75) feet of the perimeter of a PUD unless such use is permitted within the adjacent zoning district at the time of PUD approval.
(b)
Except as specifically provided within paragraph (a), above, building height, scale and setbacks of buildings within a PUD shall complement existing development on adjacent property, taking into consideration:
(1)
The nature of existing uses, and of uses anticipated by the city's comprehensive plan, adjacent to and in the neighborhood of the PUD development site. Where a PUD is established on property that shares a block face with improved property, development within the PUD facing such existing improvements shall be harmonious as to height, mass, lot coverage, and setbacks;
(2)
The number, type, and size of the various buildings proposed within the PUD;
(3)
The location of natural, topographical, cultural or other unique features of the site;
(4)
The location of public utilities, public streets, roads, pedestrian systems and bicycle paths, and of associated easements;
(5)
The objectives of the PUD district.
(9-15-03(3); 9-16-13)
(a)
A portion of the required open space shall consist of landscaped open areas, in an amount equal to twenty (20) percent of the aggregate gross floor area of commercial uses within the development.
(b)
In all PUD districts landscaping shall be provided using materials consistent with those required by Article VIII, sections 34-861, et seq.) and the city's list of approved plantings.
(c)
In addition to the requirements of paragraphs (a) and (b), above, landscaping shall be utilized within a PUD:
(1)
To provide visual separations or buffers, as may be appropriate, between uses and areas different in intensity or character from one another, and between the PUD and adjacent low-density residential districts;
(2)
To protect and enhance the scenic, recreational, or natural features of a site; priority shall be given to preservation of existing trees having a caliper of eight (8) or more inches and in-place natural buffers;
(3)
As a means of harmonizing the street frontage along the perimeter of a PUD with the street frontage of adjacent properties;
(4)
To minimize the impact of noise, heat, light and glare emanating from a building, use or structure upon adjacent buildings, uses or structures.
(9-15-03(3))
The following areas shall be left natural and undisturbed, except for street crossings, hiking trails, utilities and erosion control devices:
(1)
Land within a floodway; and
(2)
Wetlands.
(9-15-03(3); 11-21-11(3); 9-16-13)
Off-street parking for each use within a PUD shall be provided in accordance with the standards set forth within Article IX, sections 34-970, et seq., unless otherwise approved by city council.
(9-15-03(3); 9-16-13)
PUDs may be developed in phases, provided the following requirements are met:
(1)
All phases must be shown, and numbered in the expected order of development, on the approved development plan.
(2)
The open space within each recorded phase may constitute fifteen (15) percent of the gross land area within that phase, or all required open space may be provided in the first phase.
(3)
All project data required in section 34-517 for the project as a whole shall be given for each individual phase of development.
(4)
Phasing shall be consistent with the traffic circulation, drainage and utilities plans for the overall PUD.
(9-15-03(3))
(a)
Prior to the formal submission of an application seeking approval of a proposed PUD, the developer or his representative shall hold a conference with the director of neighborhood development services concerning the proposal, and shall provide the director with unofficial preliminary studies of his development concept and a sketch plan that specifies:
(1)
The general location and amount of land proposed for residential, office, commercial, industrial, open space/recreation and vehicular and pedestrian access and circulation. This information shall be presented in a format that illustrates how the proposal meets the objectives of section 34-490;
(2)
The numerical range of dwelling units in terms of quantity, and the gross floor area and acreage of each use or land area shown on the sketch plan;
(3)
A narrative explaining the development plan and if applicable, any proposed deviations or modifications from generally required provisions;
(4)
Any preliminary proffers.
(b)
Upon confirmation by the director that all materials and information submitted by the applicant satisfy the requirements referenced within paragraph (c), below, the application will be reviewed and acted upon in the manner prescribed within section 34-41.
(c)
Each application shall satisfy the requirements of section 34-41 as well as all of the requirements of this article.
(9-15-03(3); 4-13-04(2), § 1; 9-16-13; 10-19-15(3))
(a)
Following the required pre-application review, the developer may submit an application seeking a rezoning approval for a PUD.
(b)
The rezoning application shall consist of the following materials:
(1)
A city rezoning application form;
(2)
A development plan prepared in accordance with section 34-517, below.
(3)
A written statement of any proffers proposed in connection with the PUD.
(4)
In the event the development plan indicates that any critical slopes will be disturbed, the applicant shall submit a request to modify or waive the critical slopes provisions as provided for in section 34-1120.
(5)
A proposed land disturbance plan to include approximate timing and area of disturbance.
(c)
The completed application shall be processed in accordance with the procedures applicable to rezonings. In the event that subsection (b)(4) applies, the critical slope waiver application shall be considered simultaneously therewith by the planning commission, and if granted, conditioned upon compliance with the approved plan of development.
(9-15-03(3); 11-21-11(3); 9-16-13)
(a)
Each of the following is a required component of a complete plan of development submitted in connection with an application for approval of a planned unit development:
(1)
A survey plat describing and depicting the entire land area to be included within the PUD development site, including identification of present ownership, existing zoning district classification(s) of the parcel(s) to be included within the PUD.
(2)
A narrative statement of how the objectives described within section 34-490 are met by the proposed PUD.
(3)
A conceptual development plan, supporting maps, and written or photographic data and analysis which show:
a.
Location and size of existing water and sanitary and storm sewer facilities and easements;
b.
Layout for proposed water and sanitary sewer facilities and storm drainage facilities;
c.
Location of other proposed utilities;
d.
Location of existing and proposed ingress and egress from the development;
e.
Location and size of existing and proposed streets;
f.
Location of existing and proposed pedestrian and bicycle improvements, including connections to nearby schools;
g.
An inventory, by tax map parcel number and street address, of all adjacent parcels within a five hundred-foot radius of the perimeter of the PUD, indicating the existing zoning district classification of each.
h.
A site inventory of the significant natural, environmental and cultural features of a site, including at a minimum: historic landmarks contained on any state or federal register; vegetation; existing trees of eight-inch caliper or greater; wetlands, topography, shown at intervals of five (5) feet or less, critical slopes, and other, similar characteristics or features, and a plan for preserving, protecting, utilizing and/or incorporating such features into the design and function of the proposed PUD.
(4)
A proposed land use plan. Such plan will identify:
a.
Proposed land uses and their general locations, including without limitation, building and setbacks;
b.
Proposed densities of proposed residential development;
c.
Location and acreage of required open space;
d.
Square footage for non-residential uses;
e.
Maximum height of buildings and structures in area of PUD.
(5)
A general landscape plan which focuses on the general location and type of landscaping to be used within the project as well as the special buffering treatment proposed between project land uses and adjacent zoning districts;
(6)
Phasing plan if needed. Each phase shall individually meet the requirements of this section.
(7)
A statement from the city public utilities department verifying whether water and sewer infrastructure capacity does or does not exist for the proposed land use(s).
(8)
A statement from the fire marshal verifying whether adequate fire flow service does or does not exist for the proposed land use(s).
(9)
Additional information as deemed necessary by the director of neighborhood development services in order to facilitate a thorough review of the potential impacts of the proposed PUD that is the subject of the application. If any application fails to demonstrate within their application materials that a proposed PUD meets the minimum requirements specified in section 34-517, above, the application shall be rejected as incomplete.
(9-15-03(3); 11-21-11(3); 9-16-13)
(a)
Approval of the rezoning application establishes the maximum density/intensity, height and other dimensional requirements, the general location of each use and locations for streets and utilities shown on the development plan. Together with any approved proffers, the approved development plan shall establish the zoning requirements applicable to the PUD. Approval of a PUD does not relieve the applicant from its obligation to comply with all local, state, and federal laws and regulations. Any change in use, increase in density/intensity, any substantial decrease in the amount of open space, substantial change in the location of permitted uses or streets, and any other substantial change from what is shown on the approved development plan shall be deemed a substantial deviation requiring an amendment of the PUD approval. Factors to be considered in determining whether a change is substantial include, but are not limited to: the extent of the locational change and the expected impact on properties adjacent to the PUD.
(b)
Following approval of a PUD development plan, preliminary and final subdivision and site plan approvals shall be required. All such plans shall conform to the approved PUD development plan. No building or structure shall be erected, no building permit(s) issued, and no final subdivision plat(s) recorded, unless:
(1)
A final site plan has been approved;
(2)
Any required dedications, reservations or required improvements have been made in accordance with the final site plan and PUD phasing schedule; and,
(3)
Sufficient financial guarantees for completion of required improvements have been received by the city.
(c)
Where phased development has been approved, applications for subdivision and site plan approvals may, at the developer's option, be submitted for each individual phase.
(9-15-03(3); 9-16-13)
Following approval of a plan of development for a planned unit development, the owner of the development may amend the plan of development only as follows:
(1)
The owner of a PUD may submit a written request for a proposed minor change to the approved plan of development to the director of neighborhood development services. The request shall be supported by graphic, statistical and other information necessary in order for the director to evaluate the request. The director may approve the request upon a determination that it involves only a minor deviation from the layout or design contemplated within the approved plan of development. For the purpose of this section the terms "minor change" and "minor deviation" mean and refer to changes of location and design of buildings, structures, streets, parking, recreational facilities, open space, landscaping, utilities, or similar details which do not materially alter the character or concept of the approved plan of development. Should the director determine that the requested change constitutes something more than a minor change or deviation from the approved plan of development, then the owner may seek an amendment pursuant to paragraph (2), below.
(2)
The owner of a planned unit development may apply to city council for permission to amend the approved plan of development, following the same procedure as for the original approval.
(9-15-03(3))
(a)
The purpose of this article is to encourage mixed-use development within appropriate areas of the city, located along or adjacent to streets or highways found by the city council to be significant routes of access to the city. Objectives of these districts include the following: (i) creation of a dynamic street life, encouraging the placement of buildings close to property lines, and/or heavily landscaped yard areas, in order to engage pedestrians and de-emphasize parking facilities; (ii) encouragement of mixed-use development; (iii) facilitation of development that demonstrates an appropriateness of scale; (iv) encouragement of development that offers creative minimization of the impact of parking facilities and vehicular traffic; (v) encouragement of landscaped spaces available for pedestrian use (e.g., pocket parks, tree-lined streets and walkways); (vi) encouragement of alternate forms of transportation (e.g., pedestrian travel, bicycle paths, use of public transit); (vii) encouragement of neighborhood-enhancing economic activity; (viii) encouragement of home ownership; and (ix) encouragement of neighborhood participation in the development process.
(b)
The districts in which such development is encouraged fall, generally, into two (2) categories:
(1)
Commercial/residential mixed use districts. With little remaining vacant land, the city's continued vitality depends upon its ability to attract and facilitate a harmonious mixture of commercial and residential development and redevelopment. Generally, each of these zoning districts seeks to encourage a mixture of residential, commercial and cultural uses within a single building, or within multiple related buildings and structures. Of particular importance is the creation of corridors to serve as vital centers for economic growth and development while at the same time encouraging development that is friendly to pedestrians and alternate modes of transportation characteristic of an urban setting.
(2)
Commercial/industrial mixed use districts. Each of these zoning districts seeks to provide an area in which important industrial uses, of limited scale, may be located, but in which opportunities for incorporation of related or harmonious commercial uses can be facilitated.
(5-19-08(3))
(1)
Downtown Corridor. The intent of the Downtown Corridor district is to provide for a mixture of commercial and residential uses, and encourage such development by right, according to standards that will ensure harmony with the existing commercial environment in the city's downtown area. Ground-floor uses facing on primary streets should be commercial in nature. The area within this zoning district is the entertainment and employment center of the community and the regulations set forth within this district are designed to provide appropriate and convenient housing for persons who wish to reside in proximity to those activities. Within the Downtown Corridor district the following streets shall have the designations indicated:
Primary streets: All streets are primary.
Linking streets: None.
(2)
Downtown Extended Corridor. Historically, the areas within the Downtown Extended district contained manufacturing uses dependent upon convenient access to railroad transportation. In more recent times, use patterns within this area are similar to those within the Downtown district. The intent of this district is to encourage an inter-related mixture of high-density residential and commercial uses harmonious with the downtown business environment, within developments that facilitate convenient pedestrian and other links to the Downtown area. Within the Downtown Extended district, the following streets shall have the designations indicated:
Primary streets: Garrett Street, Monticello Avenue, 6th Street, Market Street, Carlton Road and 10th Street, N.E.
Linking streets: Avon Street, Dice Street, 1st Street, 4th Street, Gleason Street, Goodman Street, Oak Street, and Ware Street.
(3)
North Downtown Corridor. The Downtown North Corridor district is the historic center of the City of Charlottesville, and contains many historic structures. In more recent years this area has also developed as the heart of the city's legal community, including court buildings and related law and professional offices, and commercial and retail uses supporting those services. Within this area, residential uses have been established both in single-use and in mixed-use structures. Many former single-family dwellings have been converted to office use. The regulations for this district are intended to continue and protect the nature and scale of these existing patterns of development. Within the Downtown North Corridor district, the following streets shall have the designations indicated:
Primary streets: 8th Street, N.E. (between High Street and Jefferson Street), 5th Street, N.E., 1st Street, 4th Street, N.E., High Street, Jefferson Street, Market Street, 9th Street, 9th Street, N.E., 2nd Street, N.E., 2nd Street, N.W., 7th Street, N.E., 6th Street, N.E., and 3rd Street, N.E.
Linking streets: East Jefferson Street (east of 10th Street, N.E.), 8th Street, 11th Street, N.E., Lexington Street, Locust Street, Maple Street, Sycamore Street.
(4)
West Main West Corridor. The land use and lots on West Main Street west of the railroad bridge are generally larger in size than those east of the bridge. The West Main West district ("WMW") is established to provide the opportunity for large-scale redevelopment that may alter established patterns of commercial and residential development along West Main Street and that will respect the character of neighborhoods in close proximity. Within this district, the purpose of zoning regulations is to facilitate redevelopment while at the same time creating a walkable, mixed use "main street" setting that encourages vibrant pedestrian activity. The following streets shall have the designations indicated:
a.
Where only one (1) street abuts a lot, that street is considered the primary street.
b.
Where more than one (1) street abuts a lot, the following are considered primary streets:
(i)
West Main Street;
(ii)
Roosevelt Brown Boulevard;
(iii)
Jefferson Park Avenue;
(iv)
Wertland Street;
(v)
10th Street NW.
c.
Where a lot with multiple street frontages on the primary streets listed in subsection b. exists, each frontage is considered a primary street.
d.
Where a lot has multiple street frontages, streets not listed in subsection b. above will be considered a linking street.
(5)
West Main East Corridor. The land use and lots on West Main Street east of the railroad bridge are smaller than those west of the bridge, containing existing buildings (including historic buildings) that have been renovated to accommodate modern commercial uses. Established buildings are located in close proximity to the street on which they front. Within this district, the purpose of zoning regulations is to encourage a continuation of the established pattern and scale of commercial uses, and to encourage an extension of a walkable, mixed use "main street" setting eastward from the railroad bridge, continuing into the area where the West Main Street Corridor transitions into the city's downtown. Within the West Main Street East district ("WME"), the following streets shall have the designations indicated:
a.
Where only one (1) street abuts a lot, that street is considered the primary street.
b.
Where more than one (1) street abuts a lot, the following are considered primary streets:
(i)
West Main Street;
(ii)
Commerce Street;
(iii)
South Street;
(iv)
Ridge Street;
(v)
7th Street SW;
(vi)
4th Street NW.
c.
Where a lot with multiple street frontages on the primary streets listed in subsection b. exists, each frontage is considered a primary street.
d.
Where a lot has multiple street frontages, streets not listed in subsection b. above will be considered a linking street.
(6)
Cherry Avenue Corridor. This zoning classification establishes a district designed to encourage conservation of land resources, minimize automobile travel, and promote employment and retail centers in proximity to residential uses. It permits increased development on busier streets without fostering a strip-commercial appearance. It is anticipated that development will occur in a pattern consisting of ground-floor commercial uses, with offices and residential uses located on upper floors. This district is intended to promote pedestrian-oriented development, with buildings located close to and oriented towards the sidewalk areas along primary street frontages. Within the Cherry Avenue Corridor district the following streets shall have the designations indicated:
Primary streets: Cherry Avenue, 9th/10th Connector.
Linking streets: 4th St., 5th St., Delevan St., Estes St., Grove St., King St., Nalle St., 9th St., 6th St., 6½ St., 7th St.
(7)
High Street Corridor. The areas included within this district represent a section of High Street that has historically developed around medical offices and support services, as well as neighborhood-oriented service businesses such as auto repair shops and restaurants. The regulations within this district encourage a continuation of the scale and existing character of uses established within this district, and are intended to facilitate infill development of similar uses. Within the High Street corridor district the following streets shall have the designations indicated:
Primary streets: East High Street and Meade Avenue.
Linking streets: 11th Street, Gillespie Avenue, Grace Street, Grove Avenue, Hazel Street, Moore's Street, Orange Street, Riverdale Drive, Stewart Street, Sycamore Street, Ward Avenue, and Willow Street.
(8)
Neighborhood Commercial Corridor district. The intent of the Neighborhood Commercial Corridor district is to establish a zoning classification for the Fontaine and Belmont commercial areas that recognize their compact nature, their pedestrian orientation, and the small neighborhood nature of the businesses. This zoning district recognizes the areas as small town center type commercial areas and provides for the ability to develop on small lots with minimal parking dependent upon pedestrian access. The regulations recognize the character of the existing area and respect that they are neighborhood commercial districts located within established residential neighborhoods. Within this district the following streets shall have the designations indicated:
Primary streets: Bainbridge St., Carlton Ave., Douglas Ave., Fontaine Ave., Garden St., Goodman St., Hinton Ave., Holly St., Lewis St., Maury Ave., Monticello Rd., and Walnut St.
Linking streets: None.
(9)
Highway Corridor district. The intent of the Highway Corridor district is to facilitate development of a commercial nature that is more auto oriented than the mixed use and neighborhood commercial corridors. Development in these areas has been traditionally auto driven and the regulations established by this ordinance continue that trend. This district provides for intense commercial development with very limited residential use. It is intended for the areas where the most intense commercial development in Charlottesville occurs. Within this district the following streets shall have the designations indicated:
Primary streets: Bent Creek Road, Carlton Rd., Emmet Street, 5th Street, Harris Road, Hydraulic Road, Monticello Ave., and Seminole Trail.
Linking streets: Angus Road, East View Street, Holiday Drive, India Road, Keystone Place, Knoll Street, Linden Avenue, Line Drive, Michie Drive, Mountain View Street, Seminole Circle, and Zan Road.
(10)
Urban Corridor. The intent of the Urban Corridor district is to continue the close-in urban commercial activity that has been the traditional development patterns in these areas. Development in this district is both pedestrian and auto oriented, but is evolving to more of a pedestrian center development pattern. The regulations provide for both a mixture of uses or single use commercial activities. It encourages parking located behind the structure and development of a scale and character that is respectful to the neighborhoods and university uses adjacent. Within this district the following streets shall have the designations indicated:
Primary streets: Barracks Road, Emmet Street, and Ivy Road.
Linking streets: Arlington Boulevard, Cedars Court, Copeley Drive, Copeley Road, Earhart Street, Massie Road, Meadowbrook Road, Millmont Street and Morton Drive.
(11)
Central City Corridor. The intent of the Central City Corridor district is to facilitate the continued development and redevelopment of the quality medium scale commercial and mixed use projects currently found in those areas. The district allows single use development, but encourages mixed use projects. The regulations are designed to encourage use of and emphasize proximity to natural features or important view sheds of natural features. Development allowed is of a scale and character that is appropriate given the established development that surrounds the district. Within the Central Corridor district the following streets shall have the designations indicated:
Primary streets: East High Street, Harris Street, Long Street, Preston Avenue, Rose Hill Drive, 10th Street, Preston Avenue, and River Road.
Linking streets: Albemarle Street, Booker Street, Caroline Avenue, Dale Avenue, 8th Street, Forest Street, 9th Street, and West Street.
(12)
Water Street Corridor District. The intent of the Water Street Corridor District is to provide for a mix of commercial, retail and entertainment uses in a way that complements and supports the Downtown Pedestrian Mall area. As the Downtown Pedestrian Mall develops, the natural spillover will be to this area. While not a complete pedestrian zone, it contains many characteristics thereof. Development therefore should blend the pedestrian scale with a slightly more automobile oriented feel to achieve this supportive mixed-use environment.
Primary streets: All.
Linking streets: None.
(13)
South Street Corridor District. Adjacent to the downtown area and wedged against the railroad tracks is a small grouping of large historic homes, many of which have been converted to offices and/or apartments. In order to preserve the rich character and style of these few remaining structures from another era, the South Street Corridor District has been created. This district is intended to preserve the historic pedestrian scale, recognizing the importance of this area to the history of the downtown area.
Primary streets: South Street.
Linking streets: None.
(14)
Corner District. The Corner District is established to provide low-intensity missed-use development to primarily serve the area surrounding the University of Virginia. It encourages development at a scale that respects the established character of the historic commercial area adjacent to the central grounds of the University. Within the district two- and three-story buildings front the streets establishing a pedestrian scale for retail and commercial uses.
Primary streets: University Avenue, West Main Street, Wertland Street, Elliewood Avenue 13th Street and 14th Street.
Linking streets: Chancellor Street, 12th Street, 12½ Street and 13th Street.
(5-19-08(3); 3-21-16, § 2)
For additional regulations governing use and development of land within a mixed-use corridor zoning district, refer to:
(1)
Article VIII, sections 34-850, et seq. (Landscaping and Other Developments Subject to Site Plans)
(2)
Article IX (General Regulations), including, without limitation: Off-Street Parking (sections 34-970, et seq.), Outdoor Lighting (sections 34-1000, et seq.), Sign Regulations (sections 34-1020, et seq.), Buildings and Structures (sections 34-1100, et seq.), Lots and Parcels (sections 34-1120, et seq.), Approvals of residential dwellings (section 34-1125), and Mixed-use density calculation (section 34-1126).
(5-19-08(3))
The uses allowed within this district are those designated within the matrix set forth within section 34-796.
(5-19-08(3))
The following height regulations shall apply to buildings and structures within the Downtown Corridor district, except as provided within section 34-558(a) (stepback requirement):
(1)
Minimum: Forty-five (45) feet.
(2)
Maximum: Seventy (70) feet, subject to streetwall regulations.
(3)
With special use permit: One hundred one (101) feet.
(5-19-08(3))
(a)
Stepback requirement. The minimum height of the streetwall of any building or structure shall be forty (40) feet and the maximum height of the streetwall shall be forty-five (45) feet, containing exactly three (3) interior floors. After forty-five (45) feet, there shall be a minimum stepback of twenty-five (25) feet along the length of the streetwall. However, any streetwall fronting upon a numbered street within this district between Ridge Street and 10th Street, East shall, after forty-five (45) feet, be required to have a stepback of five (5) feet. These streetwall/stepback requirements shall not apply to any building facade along Water Street; if a building has frontage along Water Street and any other street, then only its facade along Water Street is exempt from these requirements.
(b)
Setbacks.
(1)
Primary and linking street frontage. At least seventy-five (75) percent of the streetwall of a building must be built to the property line adjacent to a primary street. For the remaining portion of streetwall (i.e., twenty-five (25) percent), the maximum permitted setback is twenty (20) feet; however, (i) if streetscape trees are provided to the standards set forth in section 34-870, or (ii) pursuant to a special use permit granted by city council, up to fifty (50) percent of the streetwall of a building may be set back twenty (20) feet.
(2)
Side and rear setback, adjacent to any low density residential district: Twenty (20) feet, minimum.
(3)
Side and rear setback, adjacent to any other zoning district: None required.
(5-19-08(3); 12-18-17, § 1)
Adjacent to any low-density residential district, side and rear buffers (S-2 type) shall be required, ten (10) feet, minimum (refer to section 34-871).
(5-19-08(3))
Residential density shall not exceed forty-three (43) DUA; however, up to two hundred forty (240) DUA may be allowed by special use permit. The minimum density required for multifamily developments (new construction only) shall be twenty-one (21) DUA.
(5-19-08(3); 9-15-08(2))
Editor's note— Ord. of September 15, 2008, repealed § 34-561, which pertained to multifamily developments—bedroom limitations. See also the Code Comparative Table.
(a)
[ Reserved. ]
(b)
No ground floor residential uses may front on a primary street, unless a building fronts on more than one (1) primary street, in which case ground floor residential uses may front on one (1) primary street. Under no circumstances, however, shall any ground floor residential uses front on Main Street, Market Street or Water Street.
(c)
All entrances shall be sheltered from the weather, and lighted.
(d)
Where any building or development occupies one (1) or more parcels constituting an entire city block, courtyards shall be provided (subject to the street wall requirements set forth, above, within this division). Such courtyards shall be accessible from adjacent streets.
(5-19-08(3); 8-16-10(5))
Off-street loading areas may not face public right-of-way.
(5-19-08(3))
The uses allowed within this district are those designated within the matrix set forth within section 34-796.
(5-19-08(3))
The following height regulations shall apply to buildings and structures within the Downtown Extended Corridor district, except as provided within section 34-578(a) (stepback requirement):
(1)
Minimum height: Thirty-five (35) feet.
(2)
Maximum height, mixed-use building: One hundred one (101) feet, subject to street wall regulations.
(3)
Maximum height, other buildings and structures: Fifty (50) feet.
(5-19-08(3))
(a)
Stepback requirement. The maximum height of the streetwall of any building or structure shall be fifty (50) feet. After fifty (50) feet, there shall be a minimum stepback of ten (10) feet along at least seventy (70) percent of the length of such streetwall.
(b)
Setbacks.
(1)
Front primary street: No minimum required; fifteen (15) feet, maximum. In circumstances where a building has frontage along more than one (1) primary street, the primary street having the highest functional classification rating shall be deemed the front primary street.
(2)
Front linking street: Ten (10) feet, minimum; twenty (20) feet, maximum. Fifty (50) percent of the area within any setback shall consist of a landscaped buffer, S-1 type (refer to section 34-871).
(3)
Side and rear, adjacent to any low density residential district: Twenty (20) feet, minimum.
(4)
Side and rear, adjacent to any other zoning districts: None required.
(5-19-08(3))
Adjacent to any low-density residential district, side and rear buffers (S-2 type) shall be required, ten (10) feet, minimum (refer to section 34-871).
(5-19-08(3))
(a)
Mixed use. For mixed use buildings and developments having twenty-five (25) percent to seventy-five (75) percent of the gross floor area designed and occupied for residential use, residential density shall not exceed forty-three (43) DUA; however, up to two hundred forty (240) DUA may be allowed by special use permit.
(b)
Other residential development. Residential density shall not exceed forty-three (43) DUA.
(c)
Multifamily development. The minimum density for a multifamily development shall be twenty-one (21) DUA.
(5-19-08(3); 9-15-08(2))
Editor's note— Ord. of September 15, 2008, repealed § 34-581, which pertained to multifamily developments—bedroom limitations. See also the Code Comparative Table.
No ground floor residential uses may front on any primary street.
(5-19-08(3))
(a)
Developments that occupy an entire city block shall provide courtyards and plazas accessible to adjacent public rights-of-way.
(b)
For uses requiring more than twenty (20) off-street parking spaces, no more than fifty (50) percent of the required spaces shall consist of surface parking open to the sky.
(c)
Off-street loading areas may not face any public right-of-way.
(5-19-08(3))
The uses allowed within this district are those designated within the matrix set forth within section 34-796.
(9-15-03(3))
The height regulations shall apply to buildings and structures within the Downtown North Corridor district:
(1)
Minimum height: Two (2) stories.
(2)
Maximum height: See street wall regulations.
(9-15-03(3))
(a)
Building height—Streetwall.
(1)
Primary street frontage: Five (5) stories, maximum.
(2)
Linking street frontage: Three (3) stories, maximum.
(3)
Corner lots (when one (1) frontage is a linking street): Three (3) stories, maximum.
Setbacks
(b)
Setbacks.
(1)
Primary street frontage: No minimum; fifteen (15) feet, maximum.
(2)
Linking street frontage (thirty-foot width): Ten (10) feet minimum; twenty (20) feet, maximum. Fifty (50) percent of any setback shall be planted with an S-1 type landscaped buffer (refer to section 34-871).
(3)
Side and rear, adjacent to any low density residential district: Twenty (20) feet, minimum.
(4)
Side and rear, adjacent to any other zoning district: None required.
(c)
Stepback requirement. When any facade of a building or structure faces an adjacent low-density residential district, the maximum height of such facade shall be three (3) stories. After three (3) stories there shall be a minimum stepback of ten (10) feet along at least seventy (70) percent of the length of such facade.
(9-15-03(3); 6-6-05(2))
Adjacent to any low density residential district, side and rear buffers (S-1 type) shall be required, ten (10) feet, minimum (refer to section 34-871).
(9-15-03(3))
(a)
Mixed use. For mixed use buildings and developments having twenty-five (25) percent to seventy-five (75) percent of the gross floor area designed and occupied for residential use, residential density shall not exceed forty-three (43) DUA; however, up to one hundred twenty (120) DUA may be allowed by special use permit.
(b)
Other residential development. Residential density shall not exceed twenty-one (21) DUA.
(6-19-06(2); 9-15-03(3))
Editor's note— Ord. of September 15, 2008, repealed § 34-601, which pertained to multifamily developments—bedroom limitations. See also the Code Comparative Table.
No less than twenty-five (25) percent and no more than seventy-five (75) percent of the gross floor area of a mixed-use building or development shall be designed and occupied for residential use.
(9-15-03(3))
(a)
For uses requiring more than twenty (20) off-street parking spaces, no more than fifty (50) percent of such required spaces shall consist of surface parking open to the sky.
(b)
Off-street loading areas may not face any public right-of-way.
(9-15-03(3))
The uses allowed within this district are those designated within the matrix set forth within section 34-796.
(3-21-16, § 3)
(a)
The height regulations shall apply to buildings within the West Main Street West ("WMW") Corridor district:
(1)
Minimum height: Thirty-five (35) feet.
(2)
Maximum height: Seventy-five (75) feet.
(b)
Notwithstanding the provisions of section 34-1100(a) or section 34-1200 (definitions of "building height" or "grade"), the height of a building within the WMW district shall mean the vertical distance measured from grade level to the level of the highest point of the roof of the building.
(1)
For the purposes of this provision, the term "grade level" shall refer to the average level of the curb at the primary street frontage. If a lot has frontage on West Main Street and on another primary street, then average level of the curb along the West Main Street frontage shall be used to determine building height.
(2)
For the purposes of this provision, reference to the "highest point of the roof" shall mean: the level of a flat roof; the deck line of a mansard or parapet roof; or, for buildings with gable, hip or gambrel roofs, the level of the average height between the eaves and ridge.
(c)
The first floor of every building shall have a minimum height, measured floor to floor, of fifteen (15) feet.
(3-21-16, § 3)
(a)
Setbacks shall be required, as follows:
(1)
Primary street frontage: Ten (10) feet minimum; twenty (20) feet maximum. At least eighty (80) percent of the building façade width of a building must be in the build-to zone adjacent to a primary street.
(2)
Linking street frontage: Five (5) feet minimum; twelve (12) feet maximum. At least forty (40) percent of the building façade width of a building must be in the build-to zone adjacent to a linking street.
(3)
Side and rear setback, adjacent to any low density residential district: Twenty (20) feet, minimum.
(4)
Side and rear setback, adjacent to any other zoning district: None required.
(b)
Stepback requirement. The maximum height of the streetwall of any building or structure shall be forty (40) feet. At the top of the streetwall height, there shall be a minimum stepback of ten (10) feet.
(c)
Building width requirement. The apparent mass and scale of each building over one hundred (100) feet wide shall be reduced through the use of building and material modulation and articulation to provide a pedestrian scale and architectural interest, and to ensure the building is compatible with the character of the district. This determination shall be made by the board of architectural review through the certificate of appropriateness process.
(3-21-16, § 3)
(a)
Bulk plane.
(1)
To promote building massing compatible with adjacent districts, a bulk plane shall apply where the rear of a lot in the West Main West district abuts any other zoning district, and where any side of a lot in the West Main West district abuts a low density residential zoning district. No building may extend into a 45-degree angular plane projecting above the lot measured at the interior edge of any required setback, starting at a height equal to the maximum allowed height in the adjacent zoning district.
(2)
The bulk plane ends at each lot line adjacent to a street right-of-way.
(b)
Buffer. Along the frontage with any low density residential district, side and rear buffers shall be required, ten (10) feet, minimum, consisting of an S-1 type buffer (refer to section 34-871).
(3-21-16, § 3)
No parking garage, other than ingress and egress to the garage, may front on a primary street. No ground floor residential uses shall front on West Main Street.
(3-21-16, § 3)
Residential density shall not exceed sixty four (64) DUA; however, up to one hundred eighty (180) DUA may be allowed by special use permit.
(3-21-16, § 3; 12-19-16(1))
(a)
Developments that occupy an entire city block shall provide courtyards and plazas accessible from adjacent public rights-of-way.
(b)
No ground floor residential uses shall front on West Main Street.
(c)
For uses requiring more than twenty (20) off-street parking spaces, no more than fifty (50) percent of such required spaces shall consist of surface parking open to the sky.
(d)
No off-street loading areas may face any public right-of-way.
(3-21-16, § 3)
Article VIII, division 3, off-street parking and loading, applies to development in this district, except that:
(1)
Parking lot buffers are required only along the edge(s) of a low density district.
(2)
No parking is required for any retail use having less than five thousand (5,000) square feet in floor area.
(3-21-16, § 3)
The uses allowed within this district are those designated within the matrix set forth within section 34-796.
(3-21-16, § 4)
(a)
The height regulations shall apply to buildings within the West Main Street East (WME) Corridor district:
(1)
Minimum height: Thirty-five (35) feet.
(2)
Maximum height: Fifty-two (52) feet.
(b)
Notwithstanding the provisions of section 34-1100(a) or of section 34-1200 (definitions of "building height" or "grade"), the height of a building within the WME district shall mean the vertical distance measured from grade level to the level of the highest point of the roof of the building.
(1)
For the purposes of this provision, the term "grade level" shall refer to the average level of the curb at the primary street frontage. If a lot has frontage on West Main Street and on another primary street, the average level of the curb along the West Main Street frontage shall be used to determine building height.
(2)
For the purposes of this provision, reference to the "highest point of the roof" shall mean: the level of a flat roof; the deck line of a mansard or parapet roof; or, for buildings with gable, hip or gambrel roofs, the level of the average height between the eaves and ridge.
(c)
The first floor of every building shall have a minimum height, measured floor to floor, of fifteen (15) feet.
(3-21-16, § 4)
(a)
Setbacks shall be required, as follows:
(1)
Primary street frontage: Ten (10) feet minimum; twenty (20) feet maximum. At least eighty (80) percent of the building façade width of a building must be in the build-to zone adjacent to a primary street.
(2)
Linking street frontage: Five (5) feet minimum; twelve (12) feet maximum. At least forty (40) percent of the building façade width of a building must be in the build-to zone adjacent to a linking street.
(3)
Side and rear setback, adjacent to any low density residential district: Twenty (20) feet, minimum.
(4)
Side and rear setback, adjacent to any other zoning district: None required.
(b)
Stepback requirement. The maximum height of the streetwall of any building or structure shall be forty (40) feet. At the top of the streetwall height, there shall be a minimum stepback of ten (10) feet.
(c)
Building width requirement. The apparent mass and scale of each building over one hundred (100) feet wide shall be reduced through the use of building and material modulation and articulation to provide a pedestrian scale and architectural interest, and to ensure the building is compatible with the character of the district. This determination shall be made by the board of architectural review through the certificate of appropriateness process.
(3-21-16, § 4)
(a)
Bulk plane.
(1)
To promote building massing compatible with adjacent districts, a bulk plane shall apply where the rear of a lot in the West Main Street East district abuts any other zoning district, and where any side of a lot in the West Main Street East district abuts a low density residential zoning district. No building may extend into a 45-degree angular plane projecting above the lot measured at the interior edge of any required setback, starting at a height equal to the maximum allowed height in the adjacent zoning district.
(2)
The bulk plane ends at each lot line adjacent to a street right-of-way.
(b)
Buffer. Along the frontage with any low density residential district, side and rear buffers shall be required, ten (10) feet, minimum, consisting of an S-1 type buffer (refer to section 34-871).
(3-21-16, § 4)
No parking garage, other than ingress and egress to the garage, may front on a primary street. No ground floor residential uses shall front on West Main Street.
(3-21-16, § 4)
Residential density shall not exceed forty-three (43) DUA; however, up to one hundred twenty (120) DUA may be allowed by special use permit.
(3-21-16, § 4; 12-19-16(1))
(a)
Developments that occupy an entire city block shall provide courtyards and plazas accessible from adjacent public rights-of-way.
(b)
No ground floor residential uses shall front on West Main Street.
(c)
For uses requiring more than twenty (20) off-street parking spaces, no more than fifty (50) percent of such required spaces shall consist of surface parking open to the sky.
(d)
No off-street loading areas may face any public right-of-way.
(3-21-16, § 4)
Article VIII, division 3, off-street parking and loading, applies, except that:
(1)
Parking lot buffers are required only along the edge(s) of a low density district.
(2)
No parking is required for any retail use having less than five thousand (5,000) square feet in floor area.
(3-21-16, § 4)
(a)
The uses allowed within this district are those designated within the matrix set forth within section 34-796.
(b)
Parking garages, where permitted, shall (i) meet the standards set forth within section 34-934, and (ii) enclose at least forty-five (45) percent of the parking area, and (iii) have ramps which are not visible from the exterior of the structure, and (iv) contain at least one (1) permitted use, other than parking, on the street-level floor of the parking garage building.
(c)
The following uses, where permitted by right, may not exceed four thousand (4,000) square feet of gross floor area:
(1)
Retail sales and consumer service businesses;
(2)
Health clinics; and
(3)
Educational facilities.
(5-19-08(3))
The following height regulations shall apply to buildings and structures within the Cherry Avenue Corridor district:
(1)
Minimum thirty-five (35) feet: Buildings or developments containing only non-residential uses.
(2)
Maximum fifty (50) feet: Buildings or developments containing only residential uses, and mixed-use buildings and developments. Mixed use buildings and developments shall be subject to the streetwall regulations.
(5-19-08(3))
(a)
Stepback requirement. The maximum height of the street wall of any building or structure shall be thirty-five (35) feet. After thirty-five (35) feet, there shall be a stepback of at least ten (10) feet, for the entire length of the street wall.
(b)
Setbacks.
(1)
Front: There shall be no minimum front yard. For developments containing only non-residential or mixed-uses, at least seventy-five (75) percent of the street wall of a building must be within fifteen (15) feet of the front property line. The planning commission may allow a reduction of this requirement, down to fifty (50) percent, to accommodate topographical conditions. For any use requiring a site plan, a streetwall, whether on the property line or set back from the property line, shall vary by at least four (4) inches every fifty (50) feet. Where a front yard is provided, at least fifty (50) percent of that yard shall be landscaped.
(2)
Side and rear, adjacent to low-density residential district: Ten (10) feet, minimum and twenty (20) feet, minimum, respectively.
(3)
Side, adjacent to any other zoning district: Five (5) feet, maximum.
(4)
Rear, adjacent to any other zoning district: None required.
(5-19-08(3))
(a)
Each development site shall have a minimum floor-area-ratio (FAR) of 0.5.
(b)
Residential density.
(1)
Within a development containing only townhouse or multifamily dwellings density shall not exceed twenty-one (21) DUA; however, up to forty-three (43) DUA may be allowed by special use permit. For developments containing only single-family detached uses, the maximum number of dwelling units shall be seven (7) units per acre.
(2)
Within any mixed-use project which includes residential uses (including, without limitation, townhouses) residential density shall not exceed forty-three (43) DUA.
(5-19-08(3); 9-15-08(2))
(a)
Bonuses. Following below is a list of bonuses that may be granted in return for certain amenities within a mixed-use development. The bonuses may be applied to increase the square footage of a use allowed within the Cherry Avenue Corridor district subject to size restrictions. Notwithstanding any contrary indication set forth within section 34-796 (use matrix), where a bonus allows for square footage greater than that allowed-by right for a particular use, no special permit shall be required.
(1)
For every one (1) square foot of space used for child care, an additional two (2) square feet of space shall be granted.
(2)
For every one (1) square foot of landscaping above those required by sections 34-369 and 34-853, an additional twenty-five hundredths (0.25) square feet of space shall be granted.
(3)
For every one (1) square foot of space used for a training center whose facilities would not be limited exclusively to employees of a business, or to residents, within the mixed-use project, an additional two (2) square feet of space shall be granted.
(4)
For every one (1) square foot of space used for a courtyard, plaza, open space or porch, an additional two (2) square feet of area shall be granted.
(5-19-08(3))
(a)
A pedestrian access and circulation system shall be provided for every project, and shall be designed so as to provide for safe, attractive and convenient pedestrian travel. The pedestrian access and circulation system shall be designed so as to ensure a direct pedestrian connection between public rights-of-way and buildings within the project, as well as between buildings and other activities within the project. Pedestrian access and circulation systems shall be designed so as to provide pedestrian connections with adjacent lots, where feasible.
(b)
In addition to the requirements of section 34-858, the following standards shall apply to all commercial, institutional and mixed use projects located within the transition zone district:
(1)
The pedestrian access and circulation system must connect all public rights-of-way to the main entrance(s) of the buildings within a project.
(2)
The pedestrian access and circulation system must connect all buildings within the project, and must provide connections between all buildings and other activities/uses within the project (such as vehicle parking, bicycle parking, outdoor recreation areas, outdoor open spaces, pedestrian amenities, etc.).
(3)
The pedestrian access and circulation system must be hard-surfaced.
(4)
The pedestrian access and circulation system must be at least six (6) feet wide along public street frontage and at least four (4) feet wide elsewhere within a project.
(5)
Where the pedestrian access and circulation system crosses any driveway, parking area, or loading zone, the crossing must be clearly identifiable through the use of lawful elevation changes, different surfacing material, or other similar methods. Striping shall not meet this requirement.
(6)
Where the pedestrian access and circulation system is parallel and adjacent to an automobile travel lane, the system must either be a raised path or be separated from the travel lane by raised curb, bollards, landscaping or some other, physical barrier. If a raised path is used, the ends of the raised portions must he equipped with curb ramps.
(7)
The pedestrian access and circulation system must be adequately lighted, so as to be safely usable at night by pedestrians. Lighting shall not be permitted to glare or be directed into adjacent residential uses or upwards to the sky.
(5-19-08(3))
(a)
Notwithstanding any provisions of section 34-972, no front yard area may be used for parking.
(b)
No more than one-half (½) of the gross area of any development site shall be devoted to at-grade surface parking.
(c)
For residential units in mixed use projects the number of parking spaces required will be one-half (½) of the number required by Article IX, section 34-984.
(d)
All developments shall provide an S-2 type buffer between the development site and adjoining residential zoning districts.
(e)
No ground floor residential uses may front on a primary or linking street, unless a building fronts on more than one (1) primary or linking street in which case ground floor residential uses may front on one (1) primary and/or linking street. Under no circumstances, however, shall any ground floor residential uses front on Cherry Avenue or Roosevelt Brown Boulevard. At a minimum, non-residential office or commercial uses shall constitute twelve and one-half (12.5) percent or more of the gross floor area.
(5-19-08(3))
The uses allowed within this district are those designated within the matrix set forth within section 34-796.
(5-19-08(3))
The following height regulations shall apply to buildings and structures within the High Street Corridor district:
(1)
No minimum height.
(2)
Maximum height: Thirty-five (35) feet.
(5-19-08(3))
Setbacks shall be required, as follows:
(1)
Primary street frontage: Fifteen (15) feet, minimum; thirty (30) feet, maximum. Fifty (50) percent of the area within any such setback shall consist of a landscaped buffer, S-1 type (refer to section 34-871).
(2)
Linking street frontage: Twenty (20) feet, minimum; thirty (30) feet, maximum. Fifty (50) percent of the area within any such setback shall consist of a landscaped buffer, S-1 type (refer to section 34-871).
(3)
Side and rear buffer, adjacent to any low density residential district: Ten (10) feet, minimum.
(4)
Side and rear, adjacent to any other zoning district: None required.
(5-19-08(3))
Adjacent to any low density residential district, side and rear buffers (S-1 type) shall be required, ten (10) feet, minimum (refer to section 34-871).
(5-19-08(3))
Residential density shall not exceed twenty-one (21) DUA.
(5-19-08(3))
(a)
Off-street loading areas may not face any primary street.
(b)
Parking areas shall be separated from the adjacent street right-of-way with either (i) a decorative fence five (5) feet in height, or (ii) an S-2 landscaped buffer.
(5-19-08(3))
The uses allowed within this district are those designated within the matrix set forth within section 34-796.
(5-19-08(3))
The following height regulations shall apply to buildings and structures within the Neighborhood Commercial Corridor district, except as provided within section 34-718(a) (stepback requirement):
(1)
Minimum: None.
(2)
Maximum height: Forty-five (45) feet; however, up to sixty (60) feet may be allowed by special permit, subject to streetwall regulations.
(5-19-08(3))
(a)
Stepback requirements. The maximum height of the street wall of any building or structure shall be forty-five (45) feet. After forty-five (45) feet, there shall be a minimum stepback of ten (10) feet along at least fifty (50) percent of the length of the streetwall.
(b)
Setbacks.
(1)
Primary street frontage: No minimum required; ten (10) feet, maximum.
(2)
Linking street frontage: None required.
(3)
Side and rear, adjacent to low density residential district: Ten (10) feet, minimum.
(4)
Side and rear, adjacent to any other zoning districts: None required.
(5-19-08(3))
Adjacent to any low density residential district, side and rear buffers (S-1 type) shall be required, ten (10) feet, minimum (refer to section 34-871).
(5-19-08(3); 7-19-10)
Other residential development. Residential density shall not exceed twenty-one (21) DUA; however, up to forty-three (43) DUA may be allowed by special use permit.
(5-19-08(3))
Editor's note— Ord. of July 19, 2010 repealed § 34-701, which pertained to additional regulations. See also the Code Comparative Table.
The uses allowed within this district are those designated within the matrix set forth within section 34-796.
(5-19-08(3))
The height regulations shall apply to buildings and structures within the Highway Corridor district:
(1)
Minimum: None.
(2)
Maximum height: Eighty (80) feet.
(5-19-08(3))
Setbacks shall be required, as follows:
(1)
Primary street frontage: Five (5) feet, minimum; thirty (30) feet, maximum. In circumstances where a building will have frontage along more than one (1) primary street, these setbacks shall apply only to the primary street having the highest functional classification rating; the other primary street(s) shall be deemed linking streets for purposes of determining the required setbacks under this section.
(2)
Linking street frontage: Five (5) feet minimum; twenty (20) feet, maximum.
(3)
Side and rear, adjacent to any low density residential district: Twenty (20) feet, minimum.
(4)
Side and rear, adjacent to any other zoning district: None required.
(5-19-08(3))
Adjacent to any low density residential district, side and rear buffers (S-2 type) shall be required, ten (10) feet, minimum (refer to section 34-871).
(5-19-08(3))
Residential density of up to forty-three (43) DUA is allowed pursuant to a special permit issued by the city council.
(5-19-08(3))
The uses allowed within this district are those designated within the matrix set forth within section 34-796.
(5-19-08(3))
The following height regulations shall apply to buildings and structures within the Water Street district:
(1)
Minimum: Forty (40) feet.
(2)
Maximum: Seventy (70) feet, subject to streetwall regulations.
(3)
With special use permit: One hundred one (101) feet.
(5-19-08(3))
(a)
Stepbacks. For properties with frontage on South Street between Ridge Street and 2nd Street SW, the maximum height of the streetwall of any building or structure shall be forty-five (45) feet. After forty-five (45) feet, there shall be a minimum stepback of twenty-five (25) feet along the length of such street wall along South Street, and a minimum stepback of ten (10) feet along the length of Ridge Street.
(b)
Setbacks.
(1)
Primary and linking street frontage. At least seventy-five (75) percent of the streetwall of a building must be built to any lot line adjacent to a primary street. For the remaining portion of such streetwall (i.e., twenty-five (25) percent), the maximum permitted building setback is five (5) feet; however, (i) if streetscape trees are provided to the standards set forth in section 34-870, or (ii) pursuant to a special use permit granted by city council up to fifty (50) percent of the streetwall of a building may be set back twenty (20) feet from such lot line. Notwithstanding the foregoing: a required yard of fifteen (15) feet, minimum, twenty (20) feet maximum, shall be provided along the entire length of any lot line having any frontage on Ridge Street.
(2)
Setback, Water Street. A yard at least five (5) feet in width shall be provided along the entire length of any lot line adjacent to Water Street.
(3)
Side and rear setback, adjacent to the South Street Corridor District. A yard having a width of at least ten (10) feet shall be provided along the entire length of any lot line that adjoins the South Street Mixed Use Corridor District. An S-2 buffer shall be provided within this required yard. The maximum height of a building wall adjacent to this required yard shall be forty-five (45) feet; above the height of forty-five (45) feet, a stepback of at least fifteen (15) feet shall be provided along the entire length of such building wall. In the event a landowner provides a yard in excess of the required ten (10) feet, then the required stepback may be reduced by the amount of such excess. In no case shall any building wall, above the height of forty-five (45) feet, be within twenty-five (25) feet of a lot line that adjoins the South Street Mixed Use Corridor District.
(5-19-08(3); 8-15-16(3); 12-19-16(2))
Residential density shall not exceed forty-three DUA; however, up to two hundred forty (240) DUA may be allowed by special use permit. The minimum density required for multifamily developments (new construction only) shall be twenty-one (21) DUA.
(5-19-08(3); 9-15-08(2))
Editor's note— Ord. of September 15, 2008, repealed § 34-745, which pertained to multifamily developments—bedroom limitations. See also the Code Comparative Table.
(a)
[ Reserved. ]
(b)
No ground floor residential uses may front on a primary street, unless a building fronts on more than one (1) primary street, in which case ground floor residential uses may front on one (1) primary street. Under no circumstances, however, shall any ground floor residential uses front on Main Street, Market Street, Ridge Street or Water Street.
(c)
All entrances shall be sheltered from the weather, and lighted.
(d)
Where any building or development occupies one (1) or more parcels constituting an entire city block, courtyards shall be provided (subject to the street wall requirements set forth, above, within this division). Such courtyards shall be accessible from adjacent streets.
(5-19-08(3); 8-16-10(5); 8-15-16(3))
Off-street loading areas may not face public right-of-way.
(5-19-08(3))
The uses allowed within this district are those designated within the matrix set forth within section 34-796.
(5-19-08(3))
The height regulations shall apply to buildings and structures within the Urban Corridor district:
(1)
Minimum: None.
(2)
Maximum height: Sixty (60) feet; however, up to eighty (80) feet may be allowed by special permit.
(5-19-08(3))
Setbacks shall be required, as follows:
(1)
Primary street frontage: Five (5) feet, minimum; thirty (30) feet, maximum. In circumstances where a building will have frontage along more than one (1) primary street, these setbacks shall apply only to the primary street having the highest functional classification rating; the other primary street(s) shall be deemed linking streets for purposes of determining the required setbacks under this section.
(2)
Linking street frontage: Five (5) feet minimum; twenty (20) feet maximum.
(3)
Side and rear, adjacent to any low density residential district: Ten (10) feet, minimum.
(4)
Side and rear, adjacent to any other zoning district: None required.
(5-19-08(3))
Adjacent to any low-density residential district, side and rear buffers (S-2 type) shall be required, five (5) feet, minimum (refer to section 34-871).
(5-19-08(3))
Residential density shall not exceed twenty-one (21) DUA; however, up to sixty-four (64) DUA may be allowed by special use permit.
(5-19-08(3); 9-15-08(2))
The uses allowed within this district are those designated within the matrix set forth within section 34-796.
(5-19-08(3))
The following height regulations shall apply to buildings and structures within the South Street district:
(1)
Minimum: Twenty-five (25) feet, containing a minimum of two (2) interior floors.
(2)
Maximum: Forty-five (45) feet.
(5-19-08(3))
The minimum height of the streetwall of any building or structure shall be twenty-five (25) feet.
(5-19-08(3))
Residential density shall not exceed forty-three (43) DUA by right and two hundred forty (240) DUA by special use permit.
(5-19-08(3); 9-15-08(2))
Editor's note— Ord. of September 15, 2008, repealed § 34-765, which pertained to multifamily developments—bedroom limitations. See also the Code Comparative Table.
(a)
[ Reserved. ]
(b)
No ground floor residential uses may front on a primary street, unless a building fronts on more than one (1) primary street, in which case ground floor residential uses may front on one (1) primary street. Under no circumstances, however, shall any ground floor residential uses front on Main Street, Market Street or Water Street.
(c)
All entrances shall be sheltered from the weather, and lighted.
(d)
Where any building or development occupies one (1) or more parcels constituting an entire city block, courtyards shall be provided (subject to the street wall requirements set forth, above, within this division). Such courtyards shall be accessible from adjacent streets.
(5-19-08(3); 8-16-10(5))
Off-street loading areas may not face public right-of-way.
(5-19-08(3))
The uses allowed within this district are those designated within the matrix set forth within section 34-796.
(5-19-08(3))
The height regulations shall apply to buildings and structures within the Corner district:
(1)
Minimum height: Forty (40) feet.
(2)
Maximum height: Fifty (50) feet.
(5-19-08(3))
Setbacks shall be required, as follows:
(1)
Primary street frontage: At least seventy-five (75) percent of the street wall of a building must be built to the property line adjacent to a primary street. For the remaining portion of street wall (i.e., twenty-five (25) percent), the maximum permitted setback is twelve (12) feet; however, (i) if streetscape trees are provided to the standards set forth in section 34-870, or (ii) pursuant to a special use permit granted by city council up to fifty (50) percent of the streetwall of a building may be set back twenty (20) feet.
(2)
Linking street frontage: Five (5) feet minimum; twelve (12) feet, maximum. Fifty (50) percent of the area within any setback shall consist of a landscaped buffer, S-1 type (refer to section 34-871).
(3)
Side and rear setback, adjacent to any low density residential district: Twenty (20) feet, minimum.
(4)
Side and rear setback, adjacent to any other zoning district: None required.
(5-19-08(3))
No ground floor residential uses or parking garage, other than ingress and egress to the garage, may front on a primary street, unless a building fronts on more than one (1) primary street, in which case ground floor residential uses may front on one (1) primary street. Under no circumstances, however, shall any ground floor residential uses front on University Avenue or Elliewood Avenue.
(5-19-08(3); 8-16-10(5))
Along the frontage with any low density residential district, side and rear buffers shall be required, ten (10) feet, minimum, consisting of an S-1 type buffer (refer to section 34-871).
(5-19-08(3))
(a)
Mixed use. For a mixed use building or development, residential density shall not exceed forty-three (43) DUA.
(b)
Other residential development. Residential density shall not exceed twenty-one (21) DUA; however, up to one hundred twenty (120) DUA may be allowed by special use permit.
(5-19-08(3); 9-15-08(2))
Developments that occupy an entire city block shall provide courtyards and plazas accessible from adjacent public rights-of-way.
(5-19-08(3))
The uses allowed within this district are those designated within the matrix set forth within section 34-796.
(5-19-08(3))
The following height regulations shall apply to buildings and structures within the central city corridor district, except as provided within section 34-778(a) (stepback requirement):
(1)
Minimum: Thirty-five feet.
(2)
Maximum height: Fifty feet. Additional height, up to eighty feet may be allowed pursuant to a special permit issued by city council, subject to streetwall regulations.
(5-19-08(3))
(a)
Stepback requirement.
(1)
The maximum height of the street wall of any building or structure shall be forty-five (45) feet. After forty-five (45) feet, there shall be a stepback of at least ten (10) feet along seventy (70) percent of the length of the street wall.
(2)
When any facade of a building or structure faces an adjacent low-density residential district the maximum height of such facade shall be forty-five (45) feet. After forty-five (45) feet there shall be a minimum stepback of ten (10) feet along at least seventy (70) percent of the length of such facade.
(b)
Setbacks.
(1)
Primary street frontage: No minimum required; fifteen (15) feet, maximum. Fifty (50) percent of the area within any such setback shall consist of a landscaped buffer, S-1 type (refer to section 34-871). In circumstances where a building will have frontage along more than one (1) primary street, these setback requirements shall apply only to the primary street having the highest functional classification rating; the other primary street(s) shall be deemed linking streets for purposes of determining the required setbacks under this section.
(2)
Linking street frontage: Five (5) feet, minimum; twenty (20) feet, maximum. Fifty (50) percent of the area within any such setback shall consist of a landscaped buffer, S-1 type (refer to section 34-871).
(3)
Side and rear, adjacent to any low density residential district: Twenty (20) feet, minimum.
(4)
Side and rear, adjacent to any other zoning district: None required.
(5-19-08(3))
Adjacent to any low density residential district, side and rear buffers (S-2 type) shall be required, ten (10) feet, minimum (refer to section 34-871).
(5-19-08(3))
(a)
Mixed use. For a mixed use building or development wherein twenty-five (25) percent or more of the gross floor area of the building or development is designed and occupied for non-residential use, residential density shall not exceed forty-three (43) DUA.
(b)
Other residential development. Residential density shall not exceed twenty-one (21) DUA; however, up to one hundred twenty (120) DUA may be allowed by special permit.
(5-19-08(3); 9-15-08(2))
At least twenty-five (25) percent of the gross floor area of a mixed-use building or development must be designed and occupied for non-residential use.
(5-19-08(3))
(a)
Off-street loading area may not face any public right-of-way.
(b)
No loading or unloading shall be allowed between 10:00 p.m. and 8:00 a.m. on the following day.
(5-19-08(3))
The uses and residential densities allowed within the city's mixed use corridor districts are those identified within the matrix following below. (For a list of each of the city's zoning districts and their abbreviations, see section 34-216).
| A = Ancillary use | DUA = dwelling units per acre | P = provisional use permit |
| B = by-right use | GFA = gross floor area | S = special use permit |
| CR = commercial/residential | MFD = multifamily development | T = temporary use permit |
| M = mixed use development | M/S = mixed use or special use permit | A/S = Ancillary or special use permit |
|
Use Types
|
ZONING DISTRICTS
|
|||||||||||||
| D | DE | DN | WME | WMW | CH | HS | NCC | HW | WSD | URB | SS | CD | CC | |
| RESIDENTIAL AND RELATED USES | ||||||||||||||
| Accessory apartment, internal | P | |||||||||||||
| Accessory apartment, external | P | |||||||||||||
| Accessory buildings, structures and uses (residential) | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| Adult assisted living | ||||||||||||||
| 1—8 residents | B | B | B | B | B | B | B | B | B | |||||
| Greater than 8 residents | S | B | S | S | S | |||||||||
| Adult day care | B | |||||||||||||
| Amateur radio antennas, to a height of 75 ft. | B | |||||||||||||
| Bed-and-breakfasts: | ||||||||||||||
| Homestay | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| B & B | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| Inn | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| Boarding: fraternity and sorority house | S | |||||||||||||
| Boarding house (rooming house) | S | |||||||||||||
| Convent/monastery | B | B | B | B | B | B | B | S | B | B | B | B | B | B |
| Criminal justice facility | B | |||||||||||||
| Dwellings: | ||||||||||||||
| Multifamily | M | B | B | M | M | B | B | M | B | M | B | M | M | B |
| Single-family attached | B | B | B | B | B | B | B | B | B | |||||
| Single-family detached | B | B | B | B | B | B | B | B | B | |||||
| Townhouse | S | S | B | |||||||||||
| Two-family | B | |||||||||||||
| Family day home | ||||||||||||||
| 1—5 children | B | B | B | B | B | B | B | B | B | |||||
| 6—12 children | ||||||||||||||
| Home occupation | P | P | P | P | P | P | P | P | P | P | P | P | P | P |
| Manufactured home parks | ||||||||||||||
| Night watchman's dwelling unit, accessory to industrial use | ||||||||||||||
| Nursing homes | B | S | S | S | ||||||||||
| Occupancy, residential | ||||||||||||||
| 3 unrelated persons | ||||||||||||||
| 4 unrelated persons | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| Residential treatment facility | ||||||||||||||
| 1—8 residents | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| 8+ residents | S | S | S | S | S | S | S | S | S | S | S | S | S | |
| Shelter care facility | S | S | S | S | S | S | S | S | S | S | S | S | S | |
| Single room occupancy facility | S | S | S | S | S | S | S | S | S | S | S | S | ||
| Temporary family health care structure | T | T | T | T | T | T | T | T | T | |||||
| NON-RESIDENTIAL: GENERAL AND MISC. COMMERCIAL | ||||||||||||||
| Access to adjacent multifamily, commercial, industrial or mixed-use development or use | ||||||||||||||
| Accessory buildings, structures and uses | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| Amusement center | S | S | S | S | S | B | S | S | S | S | ||||
| Amusement enterprises (circuses, carnivals, etc.) | ||||||||||||||
| Amusement park (putt-putt golf; skateboard parks, etc.) | ||||||||||||||
| Animal boarding/grooming/kennels: | ||||||||||||||
| With outside runs or pens | ||||||||||||||
| Without outside runs or pens | B | S | S | |||||||||||
| Animal shelter | ||||||||||||||
| Art gallery: | ||||||||||||||
| GFA 4,000 SF or less | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| GFA up to 10,000 SF | B | B | S | B | B | S | B | S | B | B | S | |||
| Art studio, GFA 4,000 SF or less | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| Art workshop | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| Assembly (indoor) | ||||||||||||||
| Arena, stadium (enclosed) | ||||||||||||||
| Auditoriums, theaters | ||||||||||||||
| Maximum capacity less than 300 persons | B | B | S | B | B | S | S | B | B | S | S | |||
| Maximum capacity greater than or equal to 300 persons | S | S | S | S | S | |||||||||
| Houses of worship | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| Assembly (outdoor) | ||||||||||||||
| Amphitheater | B | S | S | S | S | S | S | B | S | B | S | S | ||
| Arena, stadium (open) | ||||||||||||||
| Temporary (outdoor church services, etc.) | T | T | T | T | T | T | T | T | T | T | T | T | T | T |
| Assembly plant, handcraft | S | |||||||||||||
| Assembly plant | ||||||||||||||
| Automobile uses: | ||||||||||||||
| Auto parts and equipment sales | B | B | B | B | S | B | ||||||||
| Gas station | S | S | B | S | ||||||||||
| Rental/leasing | B | S | ||||||||||||
| Repair/servicing business | S | B | S | B | S | |||||||||
| Sales | S | B | S | |||||||||||
| Tire sales and recapping | B | B | B | |||||||||||
| Bakery, wholesale | ||||||||||||||
| GFA 4,000 SF or less | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| GFA up to 10,000 SF | ||||||||||||||
| Banks/financial institutions | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| Bowling alleys | S | S | ||||||||||||
| Car wash | S | S | ||||||||||||
| Catering business | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| Cemetery | ||||||||||||||
| Clinics: | ||||||||||||||
| Health clinic (no GFA limit) | S | |||||||||||||
| Health clinic (up to 10,000 SF, GFA) | S | B | S | B | B | S | B | B | S | B | S | B | B | |
| Health clinic (up to 4,000 SF, GFA) | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| Public health clinic | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| Veterinary (with outside pens/runs) | S | |||||||||||||
| Veterinary (without outside pens/runs) | S | S | S | |||||||||||
| Clubs, private | S | S | S | S | S | S | B | S | B | S | S | B | ||
| Communications facilities: | ||||||||||||||
| Attached facilities utilizing utility poles as the attachment structure | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| Attached facilities not visible from any adjacent street or property | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| Attached facilities visible from an adjacent street or property | ||||||||||||||
| Carrier on wheels (COW) | ||||||||||||||
| Towers | ||||||||||||||
| Monopole tower | ||||||||||||||
| Guyed tower | ||||||||||||||
| Lattice tower | ||||||||||||||
| Self-supporting tower | ||||||||||||||
| Contractor or tradesman's shop, general | ||||||||||||||
| Crematorium (independent of funeral home) | ||||||||||||||
| Data center >4,000 | B | B | S | S | S | B | S | B | B | B | B | S | ||
| <4,000 | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| Daycare facility | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| Dry cleaning establishments | B | B | B | B | B | B | B | B | B | B | ||||
| Educational facilities (non-residential) | ||||||||||||||
| Elementary | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| High schools | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| Colleges and universities | B | |||||||||||||
| Artistic instruction, up to 4,000 SF, GFA | B | B | B | B | B | B | B | S | S | B | B | B | B | B |
| Artistic instruction, up to 10,000 SF, GFA | S | B | B | B | B | S | S | S | ||||||
| Vocational, up to 4,000 SF, GFA | B | |||||||||||||
| Vocational, up to 10,000 SF, GFA | B | |||||||||||||
| Electronic gaming café | S | |||||||||||||
| Funeral home (without crematory) | ||||||||||||||
| GFA 4,000 SF or less | B | B | B | B | B | B | B | B | ||||||
| GFA up to 10,000 SF | B | S | S | S | S | S | ||||||||
| Funeral homes (with crematory) | ||||||||||||||
| GFA 4,000 SF or less | B | B | ||||||||||||
| GFA up to 10,000 SF | B | |||||||||||||
| Golf course | ||||||||||||||
| Golf driving range | ||||||||||||||
| Helipad | ||||||||||||||
| Hospital | S | S | S | S | B | S | ||||||||
| Hotels/motels: | ||||||||||||||
| Up to 100 guest rooms | B | B | B | B | B | B | B | B | B | B | B | B | ||
| 100+ guest rooms | B | B | B | B | B | B | B | B | B | S | S | |||
| Laundromats | B | B | B | |||||||||||
| Libraries | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| Manufactured home sales | ||||||||||||||
| Micro-producers | B | B | B | B | B | B | B | B | B | B | B | B | ||
| Small Breweries | S | S | S | S | ||||||||||
| Mobile food units | P | P | P | P | P | P | P | P | P | P | P | P | P | P |
| Movie theaters, cineplexes | S | S | S | S | S | B | S | B | S | S | S | S | S | |
| Municipal/governmental offices, buildings, courts | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| Museums: | ||||||||||||||
| Up to 4,000 SF, GFA | B | B | B | B | B | B | B | S | S | B | B | B | B | B |
| Up to 10,000 SF, GFA | S | B | S | B | B | B | B | S | B | S | S | B | ||
| Music hall | B | P | B | B | B | B | B | S | B | P | ||||
| Offices: | ||||||||||||||
| Business and professional | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| Medical | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| Philanthropic institutions/agencies | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| Property management (ancillary to MFD) | A | A | A | A | A | A | A | A | A | A | A | A | A | A |
| Other offices (non-specified) | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| Outdoor storage, accessory | S | S | B | S | ||||||||||
| Parking: | ||||||||||||||
| Parking garage | B | B | A/S | A/S | A/S | A/S | A/S | A/S | B | A/S | B | A/S | A/S | |
| Surface parking lot (19 or less spaces) | B | B | B | B | B | B | B | B | B | B | A | B | A | |
| Surface parking lot (more than 20 spaces) | A | A | A | A | A | A | A | A | A | A | A | A | A | A |
| Temporary parking facilities | ||||||||||||||
| Photography studio | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| Photographic processing; blueprinting | B | B | B | B | ||||||||||
| Radio/television broadcast stations | B | B | B | B | B | B | B | B | B | B | B | B | ||
| Recreational facilities: | ||||||||||||||
| Indoor: health/sports clubs; tennis club; swimming club; yoga studios; dance studios, skating rinks, recreation centers, etc. (on City-owned, City School Board-owned, or other public property) | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| Indoor: health/sports clubs; tennis club; swimming club; yoga studios; dance studios, skating rinks, recreation centers, etc. (on private property) | ||||||||||||||
| GFA 4,000 SF or less | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| GFA (4,001—10,000 SF) | B | B | S | B | B | S | B | B | B | B | S | S | ||
| GFA more than 10,000 SF | B | B | S | B | B | S | B | S | B | S | S | |||
| Outdoor: Parks, playgrounds, ball fields and ball courts, swimming pools, picnic shelters, etc. (city-owned), and related concession stands | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| Outdoor: Parks, playgrounds, ball fields and ball courts, swimming pools, picnic shelters, etc. (private) | S | S | S | S | S | B | S | S | S | S | S | S | S | S |
| Restaurants: | ||||||||||||||
| All night | S | S | S | S | S | S | S | S | S | S | ||||
| Drive-through windows | S | S | S | S | ||||||||||
| Fast food | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| Full service | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| 24-hour | ||||||||||||||
| Towing service, automobile | ||||||||||||||
| Technology-based businesses | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| Taxi stand | B | S | S | B | S | B | B | S | B | |||||
| Transit facility | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| Utility facilities | S | S | S | S | S | S | S | S | S | S | S | S | S | S |
| Utility lines | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| NON-RESIDENTIAL USES: RETAIL | ||||||||||||||
| Accessory buildings, structures and uses | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| Consumer service businesses: | ||||||||||||||
| Up to 4,000 SF, GFA | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| Up to 10,000 SF, GFA | B | B | B | B | B | S | S | S | S | B | B | B | B | S |
| 10,001+ GFA | B | S | S | S | B | S | B | S | ||||||
| Farmer's market | S | S | S | S | S | S | S | S | S | S | S | S | ||
| Greenhouses/nurseries | S | B | B | S | ||||||||||
| Grocery stores: | ||||||||||||||
| Convenience | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| General, up to 10,000 SF, GFA | S | B | S | B | B | S | B | S | B | S | B | S | S | B |
| General, more than 10,000 SF, GFA | S | B | S | B | B | S | B | S | B | S | S | S | ||
| Home improvement center | S | S | B | |||||||||||
| Pharmacies: | ||||||||||||||
| 1—1,700 SF, GFA | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| 1,701—4,000 SF, GFA | B | B | S | B | B | S | S | B | B | B | B | B | B | |
| 4,001+ SF, GFA | B | B | S | B | B | S | S | B | B | B | B | B | S | |
| Shopping centers | S | S | S | S | S | S | S | B | S | S | S | S | S | |
| Shopping malls | S | S | S | S | S | S | S | S | S | S | S | S | ||
| Temporary sales, outdoor (flea markets, craft fairs, promotional sales, etc.) | T | T | T | T | ||||||||||
| Other retail stores (non-specified): | ||||||||||||||
| Up to 4,000 SF, GFA | B | B | B | B | B | B | B | B | B | B | B | B | B | B |
| 4,001 SF to 20,000 SF GFA | S | B | S | B | B | S | S | B | S | B | S | S | S | |
| More than 20,000 SF, GFA | S | B | S | S | B | S | B | S | S | |||||
| NON-RESIDENTIAL: INDUSTRIAL | ||||||||||||||
| Accessory buildings, structures and uses | ||||||||||||||
| Assembly, industrial | ||||||||||||||
| Beverage or food processing, packaging and bottling plants | ||||||||||||||
| Brewery and bottling facility | ||||||||||||||
| Compounding of cosmetics, toiletries, drugs and pharmaceutical products | ||||||||||||||
| Construction storage yard | ||||||||||||||
| Contractor or tradesman shop (HAZMAT) | ||||||||||||||
| Frozen food lockers | ||||||||||||||
| Greenhouse/nursery (wholesale) | ||||||||||||||
| Industrial equipment: service and repair | ||||||||||||||
| Janitorial service company | ||||||||||||||
| Kennels | ||||||||||||||
| Laboratory, medical >4,000 sq. ft. | S | B | S | B | B | B | S | S | B | S | ||||
| <4,000 sq. ft. | B | B | B | B | B | B | B | B | B | B | B | B | B | |
| Laboratory, pharmaceutical >4,000 sq. ft. | S | S | S | S | S | S | S | S | ||||||
| <4,000 sq. ft. | B | B | B | B | B | B | B | B | B | B | B | B | B | |
| Landscape service company | ||||||||||||||
| Laundries | ||||||||||||||
| Manufactured home sales | ||||||||||||||
| Manufacturing, light | ||||||||||||||
| Moving companies | ||||||||||||||
| Printing/publishing facility | S | B | S | S | S | S | S | S | S | S | S | |||
| Open storage yard | ||||||||||||||
| Outdoor storage, accessory to industrial use | ||||||||||||||
| Research and testing laboratories | B | B | B | B | B | S | ||||||||
| Self-storage companies | ||||||||||||||
| Warehouses | ||||||||||||||
| Welding or machine shop | ||||||||||||||
| Wholesale establishments | ||||||||||||||
(6-6-05(2); 6-19-06; 5-19-08(4); 9-2-08(2); Ord. of 9-15-08(1); 11-17-08(1); 11-17-08(2); 3-16-09(3); 7-20-09(2); 11-16-09; 2-16-10; 7-19-10; 10-4-10(2); 12-20-10(1); 1-18-11; 4-18-11(2); 6-20-11(2); 12-17-12(2); 5-6-13(2); 12-21-15(2); 3-21-16, § 5; 9-6-16, § 1)
The purpose and intent of a site plan is to encourage innovative and creative design and to facilitate use of the most advantageous techniques and highest standards in the development of land, and to ensure that land is used in a manner which is efficient, harmonious with neighboring property, and in accordance with the comprehensive plan and the provisions of this chapter.
(9-15-03(3); 1-20-09)
(a)
Except as otherwise expressly provided within this article, the city council hereby designates the planning commission as the approval body for site plans. Recognizing that not all plans may require review and deliberation by the commission, council also provides for an administrative review under which the director of the city's department of neighborhood development services (hereinafter, "director") is authorized to act on behalf of the commission. The director shall have no authority to act on behalf of the commission to modify, vary, waive or accept substitution for any requirement of this chapter.
(b)
The director has certain duties and responsibilities, as set forth within this article, for the administration of the requirements of this division, including, without limitation, the determination as to whether a site plan is required, and the receipt and processing of site plan applications.
(1)
The director may from time to time establish such reasonable administrative procedures as shall be necessary for the proper administration of this article. On an annual basis, the planning commission shall review such administrative procedures and recommend any changes that a majority thereof deems necessary.
(2)
The director may delegate in writing to an employee under his supervision any of the functions for which the director is responsible; thereafter, any action taken by such employee shall be deemed an action of the director himself. Wherever the term "director" is used within this division, the term shall mean and include any city employee or official to whom the director has delegated responsibility for a particular action.
(c)
All city officers and employees responsible for the supervision and enforcement of this article shall have the right to enter upon property which is subject to a site plan at all reasonable times, beginning during review of an application and continuing during the period of construction, for the purpose of making periodic inspections for compliance with this article. It shall be the responsibility of the developer to notify the zoning administrator when each stage of a development is ready for inspection as to compliance with an approved site plan.
(9-15-03(3); 1-20-09; 7-16-12)
(a)
In all zoning districts, a site plan shall be required for any construction, use or change in use, for any development, and prior to the removal of trees having a caliper of fifteen (15) inches or more, except that no site plan shall be required for the following:
(1)
The construction, addition to, or location of any single-family detached dwelling upon a lot whereon there are located, or proposed to be located, an aggregate of two (2) or fewer dwellings.
(2)
The construction or location of a two-family dwelling on any lot not occupied by any other dwellings.
(3)
Any accessory structure to a single-family detached or two-family dwelling.
(4)
Any change of a use, provided that:
a.
Such change does not occasion additional parking under the requirements of this chapter;
b.
No additional ingress/egress, or alteration of existing ingress/egress is recommended by the city, based on intensification of use; and
c.
No additional ingress/egress, or alteration of existing ingress/egress is proposed.
d.
No removal of trees having a caliper of fifteen (15) inches or more is proposed.
(9-15-03(3); 7-16-12)
(a)
All developments that are subject to the requirement of a site plan shall provide all such improvements as are set forth within Article VIII, sections 34-850, et seq. (Improvements Required for Developments).
(b)
All required improvements shall be installed at the cost of the developer, except where cost sharing or reimbursement agreements between the city and the developer are appropriate; any such agreements must be recognized by formal written agreement signed by an authorized officer, official or employee of the city, prior to site plan approval.
(c)
The approval of a site plan or the installation of required improvements shall not obligate the city to accept improvements for maintenance, repair or operation. Acceptance shall be subject to applicable city and/or state regulations concerning the acceptance of each type of improvement.
(d)
Every developer, and every final site plan approval for a development, shall be subject to the provisions of City Code section 29-260, mutatis mutandis.
(9-15-03(3); 5-19-14, § 2, eff. 7-1-14)
(a)
No application seeking approval of a site plan, preliminary or final, for property that will be used for any commercial or industrial purpose, or that will contain six (6) or more residential dwelling units, shall be accepted for review, unless and until the applicant has participated in a pre-application conference and has held a community meeting in accordance with guidelines established by the director of neighborhood development services in accordance with section 34-41(c)(2). Any application that fails to demonstrate compliance with these requirements shall be rejected as incomplete. The director may waive the requirement for a community meeting, if a community meeting was previously held for the same development at the time of city council's consideration of an application for approval of a special use permit or petition for a zoning map amendment.
(b)
The purpose of a pre-application conference is to discuss the required site plan, its contents, and the various city requirements pertaining to zoning, erosion and sedimentation control, building code regulations, and to consider preliminary features of a proposed site. At a pre-application conference, the director will verify whether a site plan will be required for a proposed development and if so, what information and application materials must be provided. As part of the pre-application conference the developer shall confer with the director to determine if the site plan should include provision for the reservation and/or dedication of suitable areas for parks, open space and other public facilities, utilities and uses as recommended in the comprehensive plan. The developer shall also confer with the director and/or other appropriate public officials of the city, to ascertain if, and when, and in what manner, any such areas should be reserved for acquisition by the city. Nothing in this provision shall be construed to preclude the dedication of any property for public use which is not included in the comprehensive plan, provided such property is acceptable to the city for dedication and maintenance.
(9-15-03(3); Ord. No. 10-19-15(3))
(a)
Applications for preliminary site plan approval shall be submitted to the department of neighborhood development services. Each application and each re-submittal of an application previously submitted shall be accompanied by the required fee for a site plan, as set forth within the most recent fee schedule adopted by city council. The director shall establish submission deadlines for such applications. For the purposes of section 34-823, a preliminary site plan shall be deemed "officially submitted" on the date of the next submission deadline following the date on which the application was received by the department.
(1)
Plans that lack the information required by section 34-827 shall be deemed incomplete and shall be denied by the director, in writing, within ten (10) days after the applicable submission deadline.
(2)
Within ninety (90) days after receiving a notice of denial ("grace period"), a developer may resubmit the preliminary site plan, without application fees, and request reinstatement of review of the plan ("resubmittal").
(3)
The date of the next submission deadline following such re-submittal shall be deemed to be the original date on which the application was "officially submitted" for purposes of section 34-823.
(4)
In the event the developer fails to resubmit a proposed preliminary site plan within the ninety-day grace period, a new application and fee shall be required for a subsequent submission.
(b)
Upon receipt of a complete application for preliminary site plan approval:
(1)
The director shall circulate the plan for review and comment by the following city officials, employees and departments, together with notice of the date on which the plan has been scheduled for a preliminary site plan conference: the city engineer, the department of public works, the fire department, the building code official, the zoning administrator, and other city or state officials, employees, departments or agencies whose review and comments are deemed necessary by the director. All resulting requirements and recommendations shall be forwarded to the director by city staff prior to the date of the required preliminary site plan conference. For purposes of this article, the term "requirements" shall be deemed to mean regulatory provisions of this chapter, and any duly adopted rules and regulations of a reviewing department, and "recommendations" shall be deemed to include suggestions for design changes deemed to be in the public interest by a reviewing official in the area of his expertise.
(2)
The director shall schedule a preliminary site plan conference, in accordance with section 34-821.
(c)
Upon conclusion of the preliminary site plan conference:
(1)
For plans reviewed administratively by the director, at such time as the director determines that the preliminary site plan complies with the requirements of this article, the director shall issue a letter to the developer communicating that the plan has been approved and stating the conditions which must be satisfied prior to submittal of the final site plan.
(2)
For plans reviewed by the planning commission, the director shall transmit the preliminary site plan, together with the recommendations of city staff and the developer's written statement(s) concerning the staff recommendations, to the planning commission for review.
(d)
The planning commission shall review the following preliminary site plans:
(1)
Those submitted in connection with existing or proposed planned unit developments.
(2)
Those reflecting proposed development of property that is the subject of any existing or proposed special permit.
(3)
Those referred to the planning commission at the request of the director, an applicant, or any two (2) members of the planning commission.
(4)
Those which are the subject of an appeal from a decision of the director, as allowed by section 34-823.
(5)
Those which propose to disturb a critical slope in which the applicant must submit a request for modification or waiver pursuant to section 34-1120.
(9-15-03(3); 4-13-04(2), § 1; 6-6-05(2); 1-20-09; 7-16-12)
(a)
No preliminary site plan conference shall be scheduled by the director to take place sooner than twenty-one (21) days following the date on which the application for preliminary site plan approval was officially submitted. Preliminary site plan conferences shall routinely be held on the first and third Wednesdays of each month; however, additional conference dates may be set by the director with adequate notice to representatives of the relevant city departments, the planning commission and the applicant or his agent.
(b)
The preliminary site plan conference shall be open to the public. The director shall post notice of the date, time and place of such conference on the city website and publish same in some newspaper published or having general circulation in the City of Charlottesville, and cause written notice to be sent to the applicant or his agent; the owner, or agent for the owner, of each property located within five hundred (500) feet of the property subject to site plan review, and all City neighborhood association(s). Notice sent by first class mail to the last known address of such owner or agent as shown on the current real estate tax assessment books, postmarked not less than five (5) days before the conference, shall be deemed adequate. A representative of the department of neighborhood development services shall make affidavit that such mailing has been made and file the affidavit with the papers related to the site plan application.
(c)
Upon conclusion of the preliminary site plan conference; if revisions to the plan are required or recommended, the developer shall be notified thereof by the director in writing. The director shall advise the developer of the date by which required revisions shall be submitted ("revision deadline"). Nothing contained herein shall obligate the developer to revise a plan to include recommendations forwarded to him by the director; however, in a case where a developer declines to include such recommendations the developer shall submit in writing to the director, on or before the revision date, a statement as to the reasons and justification for not incorporating the recommendations into the revised plan.
(1)
If the revised plan is not re-submitted by the required revision date, or if the revised plan does not include required revisions, the director shall notify the developer in writing within fifteen (15) days after the revision deadline that if such revisions are not made, the plan will be denied approval. Within fifteen (15) days after mailing the notice of denial, the developer may resubmit the preliminary site plan, together with any required reinstatement fee. The date of the next submission deadline following such re-submittal of the preliminary site plan shall be deemed to be the original date on which the application was "officially submitted" for purposes of section 34-823.
(2)
In the event the developer fails to timely resubmit the preliminary site plan, the preliminary site plan shall be deemed to be denied and a new application and fee shall be required.
(9-15-03(3); 6-6-05(2); 1-20-09)
(a)
Once a preliminary site plan is approved, it shall be valid for a period of five (5) years, provided the property owner (i) submits a final site plan within one (1) year of such approval and (ii) thereafter diligently pursues approval of the final site plan. Diligent pursuit of approval means that the property owner has incurred extensive obligations or substantial expenses relating to the submitted final site plan or modifications thereto. However, no sooner than three (3) years following such preliminary site plan approval, and upon ninety (90) days' written notice by certified mail to the property owner, the planning commission or director may revoke such approval upon a specific finding of facts that the property owner has not diligently pursued approval of the final site plan.
(b)
The developer must satisfy all conditions of preliminary site plan approval, upon submission of the final site plan for approval. No final site plan submittal shall be accepted for final approval unless and until such conditions have been met, and such submittal shall be deemed incomplete. Further, plans which lack information required in section 34-828 shall also be deemed to be incomplete and shall be denied by the director within ten (10) days after the applicable. The developer may request reinstatement of review, in accordance with the procedures set forth within section 34-820.
(c)
When, to the satisfaction of the director, the final site plan complies with the technical requirements of this chapter and all conditions of the preliminary site plan approval have been satisfied, the director may approve a final site plan, except that the planning commission shall serve as the final decision-making authority for the following:
(1)
Final site plans for which the planning commission was the reviewing authority for the preliminary site plan, if the proposed final site plan contains substantial changes, as determined by the director;
(2)
Final site plans referred to the planning commission at the request of the director or an applicant;
(3)
Final site plans that are the subject of an appeal from a decision of the director, as allowed by section 34-823(d).
(9-15-03(3); 6-7-10(3))
(a)
Except as otherwise provided herein, the director or the commission, as the case may require, shall approve or disapprove a preliminary or final site plan within sixty (60) days after the date such plan was officially submitted. In cases where a site plan has previously been disapproved, the director or commission shall act on such plan within forty-five (45) days after the plan has been modified, corrected and re-submitted for approval. In the case of a preliminary site plan application which guarantees that at least fifteen (15) percent of all proposed residential units therein will qualify as affordable housing (defined as units committed for a thirty-year term as affordable to households with incomes at eighty (80) percent or less of the area median income), each of the above timeframes shall be reduced to twenty-one (21) days.
(b)
If approval of a feature or features of a preliminary or final site plan by a state agency is necessary, the following procedures shall apply:
(1)
Any state agency making such review is required to complete its review within forty-five (45) days after receipt of the plan. Upon receipt of approval from a state agency, the director shall act upon the plan within thirty-five (35) days. If the planning commission conducts a public review, it shall act on the plan within forty-five (45) days after receipt of approval from the state agency. All actions on a plan shall be completed by the agent or the commission, and, if necessary, state agencies, within a total of ninety (90) days after the date the plan was officially submitted.
(2)
Neither the agent nor the commission shall be required to approve a preliminary or final site plan in fewer than sixty (60) days after the date it was officially submitted, or forty-five (45) days after it has been officially resubmitted after a previous disapproval.
(c)
The director or commission shall thoroughly review a proposed site plan and shall make a good faith effort to identify all deficiencies, if any, with the initial submission. In any event, if the director or the commission disapproves a preliminary or final site plan, the agent or commission shall set forth in writing the specific reasons therefor. The reasons for disapproval shall identify deficiencies in the plan which cause the disapproval, by reference to specific ordinances, laws or regulations, and shall generally identify modifications or corrections as will permit approval of the plan.
(d)
If the director or the commission disapproves a preliminary or final site plan, such action shall be subject to judicial review as provided within Code of Virginia § 15.2-2260. However, if the developer so chooses, he may first appeal a decision of the director to the planning commission, provided that such appeal is submitted in writing to the director within ten (10) days after the date of the director's disapproval. The commission may affirm, reverse or modify, in whole or in part, the decision of the director.
(e)
At any time during the review process, an applicant may request that further processing or formal action on his application for approval of a preliminary or final site plan be indefinitely deferred. Thereafter, the application shall be deemed to have been voluntarily withdrawn by the applicant if the applicant fails to initiate, in writing, a reinstatement of review so that final action on the plan can be taken within six (6) months after the date the deferral was requested. Upon written request received by the director before the date on which the application will be deemed to be withdrawn, the director may grant one (1) extension of the deferral for a period determined to be reasonable, taking into consideration the size or nature of the proposed development, the complexity of the review, and the laws in effect at the time the request for extension is made.
(9-15-03(3); 1-20-09)
(a)
Each final site plan must be signed by the director. When a final site plan is ready for final approval, the full-sized master drawing and a transparency copy of the master drawing shall be submitted for the required signatures. Once the director has signed the master drawing, it shall be returned to the developer and the developer shall then submit ten (10) print copies of the fully-signed master drawing to the director.
(b)
Neither the zoning administrator nor the city's building code official shall issue any required zoning permit, building permit, or certificate of occupancy until he or she has received a copy of the approved final site plan for the improvement(s) which are the subject of any such required permit or certificate.
(9-15-03(3); 6-6-05(2))
(a)
An approved final site plan shall be valid for a period of five (5) years from the date of approval, or for such longer period as the planning commission or director may, at the time of approval, determine to be reasonable, taking into consideration the size and phasing of the proposed site. A site plan shall be deemed final once it has been reviewed and approved by the city, where the only requirement remaining to be satisfied in order to obtain a building permit is the posting of required bonds and escrows.
(b)
Upon application filed prior to expiration of a final site plan, the planning commission or, in the case of a plan that was approved administratively, the director, may grant one (1) or more extensions of such approval for additional periods as the commission may determine reasonable, taking into consideration the size and phasing of the proposed site and the laws, ordinances and regulations in effect at the time of the request for an extension. If the planning commission or director denies a requested extension, and the requesting party contends that such denial (i) was not properly based on the applicable city ordinance(s), (ii) was not properly based on the foregoing considerations for granting an extension, or (iii) was arbitrary or capricious, he may appeal to the city's circuit court provided that such appeal is filed within sixty (60) days of the city's written denial.
(c)
For so long as the final approved site plan remains valid, no change or amendment to any local ordinance, map, resolution, rule, regulation, policy or plan adopted subsequent to the date of approval shall adversely affect the right of the developer or his successor in interest to commence and complete an approved development in accordance with the lawful terms of the site plan, unless (i) the change or amendment is required to comply with state law, or (ii) there has been a mistake, fraud or a change in circumstances substantially affecting the public health, safety or welfare.
(9-15-03(3))
Any change to an approved final site plan shall require submission and approval of a new site plan, except that minor changes may be approved administratively by the director. A minor modification is one (1) that, in the opinion of the director, will not substantially alter the terms of the original approval. Applications for minor modifications of final approved site plans made during periods of validity of such plans shall not constitute a waiver of the provisions of this section, nor shall the approval of minor modifications operate to extend the period of validity of any such plans. Each application or submission for an amendment to a final site plan shall be accompanied by the required fee, as set forth within the most recent fee schedule adopted by city council.
(9-15-03(3); 4-13-04(2), § 1)
(a)
Sixteen (16) clearly legible blue or black line copies of a preliminary site plan shall be submitted along with an application for approval. In addition, a three-dimensional drawing or model of the proposed site and the surrounding areas showing massing in context shall be submitted along with any preliminary site plan that is to be reviewed by the planning commission. If revisions to the submitted preliminary site plan are necessary, then sixteen (16) full-sized revised copies, and, if the preliminary site plan is to be reviewed by the planning commission, an additional ten (10) revised copies shall be submitted by the revision deadline.
(b)
All waiver, variation and substitution requests shall be submitted with the preliminary site plan, and the applicant shall clearly state the specific items being requested for waiver, variation or substitution.
(c)
The preliminary site plan shall be prepared to an engineering scale of 1:20, unless, in the determination of the director a different scale will allow a better representation of the development.
(d)
The preliminary site plan shall contain the following information:
(1)
The name of the development; names of the owner(s), developer(s) and individual(s) who prepared the plan; tax map and parcel number; zoning district classification(s); descriptions of all variances, zoning proffers and bonus factors applicable to the site; description of affordable dwelling unit requirements applicable to the subject property pursuant to section 34-12(a) or section 34-12(d)(1); city and state; north point; scale; one (1) datum reference for elevation (where a flood hazard overlay district is involved, U.S. Geological Survey vertical datum shall be shown and/or correlated to plan topography); source of the topography; source of the survey; sheet number and total number of sheets; date of drawing; date and description of latest revision; zoning district, tax map and parcel number, and present use, of each adjacent parcel; departing lot lines; minimum setback lines, yard and building separation requirements; a vicinity sketch showing the property and its relationship with adjoining streets, subdivisions and other landmarks; and boundary dimensions.
(2)
Written schedules or data as necessary to demonstrate that the site can accommodate the proposed use, including: proposed uses and maximum acreage occupied by each use; maximum number of dwelling units by type; gross residential density; square footage of recreation area(s); percent and acreage of open space; maximum square footage for non-residential uses; maximum lot coverage; maximum height of all structures; schedule of parking, including maximum amount required and amount provided; maximum amount of impervious cover on the site; and if a landscape plan is required, maximum amount of paved parking and vehicular circulation areas.
(3)
If phasing is planned, phase lines and proposed timing of development;
(4)
Existing topography for the entire site at maximum five-foot contours; proposed grading (maximum two-foot contours), supplemented where necessary by spot elevations; and sufficient offsite topography to describe prominent and pertinent offsite features and physical characteristics, but in no case less than fifty (50) feet outside of the site unless otherwise approved by the director. Topographic information submitted with a preliminary plat shall be in the form of a topographic survey, which shall identify areas of critical slopes, as defined in section 29-3, natural streams, natural drainage areas, and other topographic features of the site.
(5)
Existing landscape features as described in section 34-867 (requirements of landscape plans), including all individual trees of six (6) inch caliper or greater.
(6)
The name and location of all watercourses, waterways, wetlands and other bodies of water adjacent to or on the site.
(7)
One hundred-year flood plain limits, as shown on the official flood insurance maps for the City of Charlottesville, as well as the limits of all floodway areas and base flood elevation data required by section 34-253.
(8)
Existing and proposed streets, access easements, alley easements and rights-of-way, and other vehicular travelways, together with street names, highway route numbers, right-of-way lines and widths, centerline radii, and pavement widths.
(9)
Location and size of drainage channels, and existing and proposed drainage easements; and a stormwater management concept detailing how the applicant will achieve adequate drainage post-development, including a description of the specific design concept the applicant plans to apply. References to specific types of stormwater management facilities, specific treatments, BMPs, LID techniques, etc. shall be provided, The stormwater management concept shall be prepared by a professional engineer or landscape architect, as those terms are defined within Virginia Code § 54.1-400, and shall describe the manner in which stormwater runoff from the subdivision will be controlled in order to minimize the damage to neighboring properties and receiving streams, and prevent the discharge of pollutants into surface waters, in accordance with the requirements of City Code Chapter 10.
(10)
Location and size of existing water, sanitary and storm sewer facilities and easements, and proposed conceptual layout for water and sanitary sewer facilities and public storm sewer facilities.
(11)
Location of other existing and proposed utilities and utility easements.
(12)
Location of existing and proposed ingress to and egress from the property, showing the distance to the centerline of the nearest existing street intersection.
(13)
Location and dimensions of all existing and proposed improvements, including: buildings (maximum footprint and height) and other structures (principal as well as accessory); walkways; fences; walls; trash containers; outdoor lighting; landscaped areas and open space; recreational areas and facilities; parking lots and other paved areas; loading and service areas, together with the proposed paving material types for all walks, parking lots and driveways.
(14)
All areas intended to be dedicated or reserved for public use.
(15)
Landscape plan, in accordance with section 34-867, if the proposed site plan is subject to entrance corridor review.
(16)
Where deemed appropriate by the director due to intensity of development, estimated traffic generation figures for the site based upon current VDOT rates, indicating the estimated vehicles per day and the direction of travel for all connections to a public road.
The director or the commission may require additional information to be shown on the preliminary site plan as deemed necessary in order to provide sufficient information for the director or commission to adequately review the preliminary site plan.
(9-15-03(3); 6-6-05(2); 1-20-09; 11-18-13; 5-19-14, § 2, eff. 7-1-14)
(a)
A final site plan, together with any amendments thereto, shall be prepared and sealed, signed and dated by an architect, professional engineer, land surveyor or certified landscape architect licensed to practice within the Commonwealth of Virginia.
(b)
Ten (10) clearly legible blue or black line copies of the master drawing shall be submitted to the department of neighborhood development services, along with an application for approval of the final site plan. If review is required by the commission, then the applicant shall also provide one (1) reduced copy of the final site plan, no larger than eleven (11) inches by seventeen (17) inches in size.
(c)
The final site plan shall be prepared to the scale of one (1) inch equals twenty (20) feet or larger, or to such a scale as may be approved by the agent in a particular case. No sheet shall exceed thirty-six (36) inches by forty-two (42) inches in size. The final site plan may be prepared on one (1) or more sheets. If prepared on more than one (1) sheet, match lines shall clearly indicate where the sheets join. The top of the sheet shall be approximately either north or east.
(d)
The final site plan shall reflect conditions of approval of the preliminary site plan, and shall meet all requirements set forth within Code of Virginia § 15.2-2240 et seq. In addition, the final site plan shall contain the following information:
(1)
The location, character, size, height and orientation of proposed signs, as proposed to be installed or erected in accordance with Article IX, sections 34-1020, et seq. of this chapter; and elevations of buildings showing signs to be placed on exterior walls. Signs which are approved in accordance with this section shall be considered a part of the approved site plan. Thereafter, signs shall not be installed, erected, painted, constructed, structurally altered, hung, rehung or replaced except in conformity with the approved site plan. Any changes in signs from the approved site plan or any additions to the number of signs as shown on the site plan shall be allowed only after amendment of the site plan by the director of neighborhood development services or the planning commission.
(2)
Specific written schedules or notes as necessary to demonstrate that the requirements of this chapter are being satisfied.
(3)
Indicate if residential units are sale or rental units; number of bedrooms per unit; and number of units per building if multifamily; specifications for recreational facilities; and reference to the specific deed(s), agreement(s) or other evidence of the property owner's binding obligation to provide affordable dwelling units applicable to the subject property pursuant to section 34-12(a) or section 34-12(d)(1), consistent with regulations approved pursuant to section 34-12(d).
(4)
Proposed grading: maximum two-foot contours.
(5)
Detailed plans for proposed water and sanitary sewer facilities, including: all pipe sizes, types and grades; proposed connections to existing or proposed systems; location and dimensions of proposed easements and whether such easements are to be publicly or privately maintained; profiles and cross sections of all water and sewer lines including clearance where lines cross; all water main locations and sizes; valves and fire hydrant locations; all sanitary sewer appurtenances by type and number; the station on the plan to conform to the station shown on the profile, and indicate the top and invert elevation of each structure.
(6)
Detailed stormwater management plans, and construction drainage and grading plans, showing:
a.
Profiles of all ditches and channels, whether proposed or existing, with existing and proposed grades; invert of ditches, cross pipes or utilities; typical channel cross sections for new construction; and actual cross sections for existing channels intended to remain.
b.
Profiles of all storm drainage systems showing existing and proposed grades.
c.
Plan view of all drainage systems with all structures, pipes and channels numbered or lettered on the plan and profile views. Show sufficient dimensions and bench marks to allow field stake out of all proposed work from the boundary lines.
d.
A drainage summary table for culverts, storm drainage facilities and channels.
e.
A legend showing all symbols and abbreviations used on the plan.
f.
Information, details, calculations, construction plans and other documents or data required by Chapter 10 for a final stormwater management plan shall be included, along with such other information, plans, calculations, and details sufficient to demonstrate compliance with the standards for drainage set forth within Article IV of the city's subdivision ordinance.
g.
Information, details, calculations, plans and other documents or data required by Chapter 10 for an erosion and sediment control plan.
(7)
Typical street sections together with specific street sections where street cut or fill is five (5) feet or greater; centerline curve data; radius of curb returns or edge of pavement; location, type and size of proposed ingress to and egress from the site; together with culvert size; symmetrical transition of pavement at intersection with existing street; the edge of street surface or face of curb for full-length of proposed street; when proposed streets intersect with or adjoin existing streets or travel-ways, both edges of existing pavement or travelway together with curb and gutter indicated for a minimum of one hundred (100) feet or the length of connection, whichever is the greater distance.
(8)
For all parking and loading areas, indicate: size, angle of stalls; width of aisles and specific number of spaces required and provided, and method of computation, indicating type of surfacing for all paved or gravel areas.
(9)
A final landscape plan.
(10)
Signature panel for the preparer, consistent with the requirements of paragraph (a), above.
(11)
Signature panels for the director and the city engineer.
(9-15-03(3); 6-6-05(2); 1-20-09; 4-20-09; 11-18-13; 5-19-14, § 2, eff. 7-1-14)
The requirements of this article shall apply with respect to any construction, use or other development that is subject to the requirement of a site plan.
(9-15-03(3))
The purpose of these landscaping and screening requirements is to provide for the installation, preservation and maintenance of plant materials intended to:
(1)
Insure development consistent with the goals of the comprehensive plan related to natural resources and environmental and land use standards;
(2)
Promote the public health, safety and welfare;
(3)
Conserve energy by providing shade and wind breaks;
(4)
Provide pervious area which helps to reduce surface water run-off;
(5)
Improve air quality;
(6)
Minimize noise, dust and glare;
(7)
Promote traffic safety by controlling views and defining circulation patterns; and
(8)
Protect and preserve the appearance, character and value of neighboring properties.
(9-15-03(3))
The director shall, from time to time, promulgate a list of trees and other plant materials acceptable for use in meeting the landscaping requirements of this division ("list of approved plantings"). This list shall be maintained in the department of neighborhood development services and shall be available for inspection. All trees and other plant materials required by this article shall be selected from the current list of approved plantings.
(9-15-03(3); 7-16-12)
(a)
Except where otherwise provided, trees and plant materials required by the provisions of this article shall be of the following minimum sizes at the time of planting:
(1)
Trees: Two-inch caliper.
(2)
Shrubs: Eighteen (18) inches.
(b)
For the purposes of this division, the term "caliper" refers to the diameter of a tree. Tree caliper shall be determined as follows:
(1)
At a point six (6) inches above the root ball, at the time of planting (for trees planted or installed pursuant to a requirement of this article), and
(2)
At a point twelve (12) inches above the ground, for existing trees.
(9-15-03(3))
(a)
Performance bonds. The director may require that landscaping shown on an approved landscaping plan be either installed or sufficiently bonded to guarantee installation, prior to the issuance of a certificate of occupancy. All landscaping must be installed by the first planting season following issuance of a certificate of occupancy.
(1)
The performance bond shall be for an amount equal to the value of the required plants and the costs of installation, as determined by the zoning administrator following consideration of an estimate prepared by a landscape contractor, which estimate must be obtained by the developer and supplied to the zoning administrator at the time a request for issuance of a certificate of occupancy is made.
(2)
The performance bond shall be released when all required plantings have been installed in accordance with the final approved landscape plan, as determined by the zoning administrator.
(3)
During any water emergency declared by the city council, the director may prohibit installation of trees, plants or screening materials. In this event, the developer shall be required to maintain the performance bond in effect for the duration of the emergency. Once a declaration of water emergency ends, the developer shall install the required plants within sixty (60) days.
(b)
Maintenance bonds. A maintenance bond shall be posted by the developer in favor of the city. If the landscaping is installed prior to the issuance of a certificate of occupancy, then the maintenance bond shall be posted prior to the issuance of said certificate. If the landscaping is bonded for installation, rather than installed prior to the issuance of a certificate of occupancy, then the maintenance bond shall be posted when the materials are planted and before the performance bond is released.
(1)
The maintenance bond shall be in the amount of one-third ( 1/3 ) of the value of the performance bond, and shall be held for a period of twelve (12) months following the planting date. When existing plantings are preserved in lieu of required new plantings, the bond shall be calculated according to the replacement value of plantings that meet the minimum requirements of this article.
(2)
At the end of the twelve-month time period, the bond shall be released if all plantings are in healthy condition, as determined by the zoning administrator. Thereafter, landscaping shall be maintained in a healthy condition by the current owner of the property on which such materials are planted, or property owners' association (where applicable) and replaced when necessary. Replacement materials shall conform to the original landscape plan.
(9-15-03(3))
Editor's note— Ord. of July 16, 2012, repealed § 34-865, which pertained to variations, waivers. See also the Code Comparative Table.
(a)
The developer shall demonstrate reasonable efforts, in light of the proposed development and topography of a particular site, to preserve, replenish, protect and utilize the following types of landscape features: trees of eight-inch caliper or larger; ornamental trees of any size; trees within required setbacks or along boundaries, unless necessary to remove for access, grading, tree health, circulation, utilities or drainage; streams in their natural condition; and natural features of the site which promote energy conservation.
(b)
The director may require a developer to preserve existing landscape features, upon a determination (following a site inspection) that the features contribute significantly to the character of the neighborhood and/or are unique in character, and that the preservation of such features is necessary to satisfy the purpose and intent of this section.
(c)
With the approval of the director trees of exceptional size, canopy, specimen type, age or historical value may be credited as up to four (4) trees of the same function group, for purposes of satisfying landscaping and screening requirements ("tree preservation bonus").
(d)
As a condition of any requested approval, or in conjunction with a requirement imposed pursuant to paragraph (b), above, the director may require the developer to include on the erosion and sediment control plan for the development measures to protect existing trees.
(e)
The planning commission or the director shall refuse to approve any site plan that proposes unnecessary destruction of trees or other natural features.
(9-15-03(3))
When required as a component of a preliminary or final site plan, a landscape plan shall show the following:
(1)
The location, size and shape of all proposed plant materials, and verification that minimum landscaping and screening requirements have been satisfied (dimensions of landscaped areas shall be indicated and trees shall be depicted at full canopy). Plant materials may be indicated in generic terms, e.g. large or medium canopy tree; evergreen tree; shrub; hedge, etc.
(2)
A schedule of proposed plantings, including number, height, caliper or gallon size, and botanical name, and tables calculating the amount of any open space and tree cover required and provided.
(3)
With respect to street trees, the plan should be marked to indicate the classification of the street on which such trees front (including, without limitation, whether such street is within an entrance corridor overlay district) and, if the street is within one (1) of the city's corridor districts whether such street is a "primary" or "linking" street.
(4)
At the option of the developer existing healthy trees, of at least eight-inch caliper, or wooded areas, may be preserved in lieu of planting new materials, in order to satisfy landscaping and screening requirements, subject to the determination of the director that the trees or wooded areas to be preserved will serve the purposes of this section. In such case, the landscape plan shall indicate the trees to be saved; limits of clearing; location and type of protective fencing; grade changes requiring tree wells or walls; and trenching or tunneling proposed beyond the limits of clearing. The applicant shall provide a signed conservation checklist to insure that the trees and wooded areas approved by the director for preservation will be protected during construction. Except as otherwise expressly approved by the director in a particular case, such checklist shall conform to specifications contained in the Virginia Erosion and Sediment Control Handbook.
(5)
The landscape plan shall depict existing landscape features, including, without limitation: wooded areas (indicated by general type, e.g., evergreen or deciduous) and location of tree line; small groupings of trees; individual trees of eight (8) inch caliper or greater; ornamental trees of any size (indicated by common name), approximate caliper, and location; distinctive natural features, such as rock formations or water features; and man-made features of local or historic significance.
(9-15-03(3))
(a)
All trees to be planted shall be selected from the city's list of approved plantings, or a substitution approved by the director, and shall meet the specifications of the American Association of Nurserymen.
(b)
The planting of trees shall be done in accordance with either the standardized landscape specifications jointly adopted by the Virginia Nurserymen's Association, the Virginia Society of Landscape Designers and the Virginia Chapter of the American Society of Landscape Architects, or the road and bridge specifications of the Virginia Department of Transportation.
(c)
Planting islands shall contain a minimum of fifty (50) square feet per tree, with a minimum dimension of five (5) feet, in order to protect landscaping and allow for proper growth. Wheel stops, curbing or other barriers shall be provided to prevent damage to landscaping by vehicles. Where necessary, trees shall be welled or otherwise protected against grade changes.
(d)
Only trees having a mature height of less than twenty (20) feet may be installed under overhead utility lines.
(9-15-03(3))
(a)
The provisions of the city's tree canopy ordinance adopted June 25, 1990, are hereby continued in effect and incorporated in this zoning ordinance, as follows:
(1)
All developments, public or private, requiring submission and approval of a site plan shall include provisions for the preservation and planting of trees on the site to the extent that, at ten (10) years from planting, minimum tree canopies or covers will be provided as follows:
|
Zoning Districts
|
Percentage of
Site Cover |
| R-3, B-1, B-2, B-3, IC | 10 percent |
| R-2 | 15 percent |
| R-1, R-1A | 20 percent |
The area to be occupied by the building footprint(s) and driveway access area(s) proposed for a development site shall be subtracted from the gross site area before calculating required tree coverage only when the site is located within that portion of the city described in section 34-971 (parking exempt area). This exclusion from gross site area calculations shall be allowed whether or not the proposed development will add more than ten (10) percent floor area to an existing building or is found to be new construction in the context of the off-street parking requirements.
(2)
Existing trees infested with disease or insects or structurally damaged to the extent that they pose a hazard to persons or property, or to the health of other trees on site, shall not be included to meet the tree cover requirements.
(3)
The requirements of this section may be waived, in whole or in part, by the director of neighborhood development services or the planning commission in the following circumstances: to allow for the reasonable development of areas devoid of woody materials, dedicated school sites, playing fields and other non-wooded recreation areas, and other facilities and uses of a similar nature; to allow for the preservation of wetlands; or when strict application of the requirements would result in unnecessary or unreasonable hardship to the developer.
(b)
Within all zoning districts other than those specifically referenced within paragraph (a), above, tree cover shall be provided to the extent that, at twenty (20) years, minimum tree canopies or covers will be provided (relative to the gross area of the development site) as follows:
(1)
Ten (10) percent canopy for a development site zoned for business, commercial or industrial use;
(2)
Ten (10) percent for a development zoned for residential use at a density of twenty (20) or more units per acre;
(3)
Fifteen (15) percent for a development zoned for residential use at a density of more than ten (10) but less than twenty (20) units per acre; and
(4)
Twenty (20) percent for a development zoned for residential use at a density of ten (10) units per acre or less.
(5)
The area to be occupied by the building footprint(s) and driveway access area(s) proposed for a development site shall be subtracted from the gross site area before calculating required tree coverage only when the site is located within that portion of the city described in section 34-971 (parking exempt area), or within one (1) of the following mixed-use zoning districts: Downtown (D); West Main North (WM-N), and West Main South (WM-S). The following areas may be deducted, at the option of the developer, from the gross area of the site: required recreation areas; required open space areas; land dedicated to public use; playing fields and recreation areas attendant to schools, day care, and similar uses; areas required for the preservation of wetlands, floodplain or other areas required to be maintained in a natural state by this chapter or other applicable law; and other areas approved by the director as part of a variation or waiver of the landscape plan requirements.
(6)
For any mixed-use development: whether such development falls within the category of a site zoned for residential, commercial or industrial use shall be determined by the principal (predominant) use.
(c)
Where existing trees are preserved on the development site, a bonus shall be granted as follows ("tree canopy bonus"): in calculating the coverage provided by trees shown on the approved landscape plan, an existing tree included on the developer's conservation checklist shall be deemed to cover an area equal to one and one-half (1.5) times the diameter of the tree's existing dripline. In order to qualify for this bonus, an existing tree must have a caliper of at least eight (8) inches.
(d)
Streetscape trees required by section 34-870 may be counted toward tree cover requirements.
(e)
Within the city's list of approved plantings, the director shall designate any tree species that cannot be planted to meet minimum tree canopy requirements due to tendencies of such species to: (i) negatively impact native plant communities; (ii) cause damage to nearby structures and infrastructure; or (iii) which possess inherent physiological traits that cause such trees to structurally fail.
(9-15-03(3))
(a)
Streetscape trees shall be planted along all existing or proposed public streets; however, the following areas are exempt from the requirement of streetscape trees:
(1)
Areas subject to a zero (0) building setback requirement, or
(2)
Areas where the maximum permitted building setback is fewer than ten (10) feet.
(b)
Streetscape trees shall be large canopy trees; however, upon a determination by the director that site conditions warrant smaller trees, the director may approve the substitution of a medium canopy tree.
(c)
Streetscape trees shall be planted with even spacing in a row, at intervals sufficient to allow for their healthy growth and development.
(1)
One (1) large tree shall be required for every forty (40) feet of road frontage, or portion thereof, if twenty-five (25) feet or more; or,
(2)
Where permitted, one (1) medium tree shall be required for every twenty-five (25) feet of road frontage, or portion thereof, if twenty (20) feet or more.
(3)
Where required along the edge of a parking lot (as set forth within section 34-873, one (1) large tree shall be required for every fifteen (15) feet of street frontage.
(4)
There shall be a minimum distance of thirty (30) feet between a large and medium tree planted adjacent to one another. Flowering understory trees shall be planted in groups; there shall be a minimum distance of fifty (50) feet between such groups.
(d)
Streetscape trees shall be planted outside existing or proposed rights-of-way, but within fifteen (15) feet of the edge of such rights-of-way; however:
(1)
Streetscape trees shall be planted within five (5) feet of the edge of the right-of-way within an entrance corridor overlay district, and
(2)
For certain parking lots adjacent to public rights of way (see section 34-873), streetscape trees shall be planted within ten (10) feet of the edge of the right-of-way.
(e)
As an alternative to the requirements of subsection (d) above, streetscape trees may be planted in the city's existing or proposed rights of way with the approval of the director of neighborhood development services. Such approval shall specify placement and type(s) of trees to be planted. The developer must include a statement in the preliminary and final site plans guaranteeing the maintenance and, if deemed necessary by the City's arborist, replacement of any and all streetscape trees planted in the city's existing or proposed rights of way. Such guarantee by the developer for maintenance and/or replacement shall be in effect for a period of two (2) years from the date of planting.
(f)
In the case of a development subject to the Virginia Property Owners' Association Act, required streetscape trees shall be designated as part of the common area to be maintained by a property owner's association. Otherwise, maintenance of the required streetscape trees shall be the responsibility of the owner of the lot on which such trees are located.
(9-15-03(3); 11-17-08(3))
(a)
For the purposes of this section, the terms "screening" and "screen" shall be deemed synonymous with "buffering" and "buffer."
(b)
When required by this chapter, screening shall consist of a planting strip, existing vegetation, a slightly opaque wall or fence, or combination thereof, to the reasonable satisfaction of the director. The following types and categories of screening shall apply throughout this chapter:
Screen 1 ("S-1"). The S-1 buffer/screen requires an open landscaping scheme, and is generally to be utilized between relatively similar land uses. Plantings allowed by the S-1 designation consist of the following (an applicant has the option of selecting the combination of plantings from among options "A", "B" and "C" within this screen-type):
S-1 Screen
|
Screen 1
(Expressed as a number of plant units per square foot of area to be covered) |
|||
| Type of Plant | A | B | C |
| Large Canopy Trees | 1/1000 SF | 1/1000 SF | 1/1,000 SF |
| Medium Canopy Trees | 1/1000 SF | 1/1000 SF | 1/1,000 SF |
| Understory Trees | n/a | 1/1000 SF | n/a |
| Evergreen Trees | n/a | n/a | 1/350 SF |
| Shrubs | 1/100 SF | 1/100 SF | 1/200 SF |
Screen 2 ("S-2"). The S-2 buffer/screen requires a semi-opaque landscaping scheme, which should partially block views between adjacent properties. This type of screening is generally to be utilized between dissimilar land uses, and the plantings allowed by the S-2 designation consist of the following (an applicant has the option of selecting the combination of plantings from among options "A", "B" and "C" within a designated screen-type):
S-2 Screen
|
Screen 2
(Expressed as a number of plant units per square foot of area to be covered) |
|||
| Type of Plant | A | B | C |
| Large Canopy Trees | 1/1000 SF | 1/750 SF | 1/1000 SF |
| Medium Canopy Trees | 1/1000 SF | 1/1000 SF | 1/1,000 SF |
| Understory Trees | n/a | 1/500 SF | n/a |
| Evergreen Trees | 1/500 SF | 1/500 SF | 1/175 SF |
| Shrubs | 1/100 SF | 1/100 SF | 1/200 SF |
Screen 3 ("S-3"). The S-3 buffer/screen requires an opaque landscaping scheme, one that blocks views between two adjacent properties. This type of screening is for use between dissimilar land uses, where the maximum amount of visual shielding is desired. The plantings allowed by the S-3 designation consist of the following (an applicant has the option of selecting the combination of plantings from among options "A", "B" and "C" within a designated screen-type):
S-3 Screen
|
Screen 3
(Expressed as a number of plant units per square foot of area to be covered) |
|||
|
Type of Plant
|
A
|
B
|
C
|
| Large Canopy Trees | 1/1000 SF | 1/1000 SF | 1/1,000 SF |
| Medium Canopy Trees | 1/1000 SF | 1/1000 SF | 1/1,000 SF |
| Understory Trees | 1/500 SF | 1/250 SF | 1/500 SF |
| Evergreen Trees | 1/500 SF | 1/500 SF | 1/175 SF |
| Shrubs | 1/100 SF | 1/100 SF | 1/200 SF |
With the approval of the director, an opaque wall or fence may be utilized for, or as part of, a required S-3 screen. Where allowed, such wall or fence (including any gate(s) forming a portion of such structure) shall be at least six (6) feet tall, or an alternate height deemed necessary by the director to protect required sight distances along a public right-of-way.
(9-15-03(3))
(a)
The following uses and developments shall be screened from adjacent low-density residential districts, with the type of screening specified:
(1)
High-density residential uses (for the purpose of this section, "high-density" residential use means and includes a development containing residential uses at a density of forty-three (43) DUA or more), as follows:
a.
Multifamily zoning districts: Where any portion of a multifamily development site abuts a low-density residential district, there shall be provided a twenty-foot landscaped buffer between the development and such zoning district. Required screen type: S-2.
b.
Mixed-use zoning districts: Fifty (50) percent of the required yard or setback adjacent to the low-density residential district shall consist of a landscaped buffer. Required screen type: S-2.
(2)
Commercial uses and developments, screen type: S-3.
(3)
Industrial uses and developments, screen type: S-3.
(b)
Due to their potential adverse impact on adjacent properties, certain other uses or facilities shall be screened from adjacent property and public rights-of-way, using an S-3 screen type:
(1)
Outdoor storage and loading areas—All outdoor storage and loading areas shall be screened from view from public rights-of-way and adjacent residential districts.
(2)
Refuse areas—Dumpsters, outdoor trash receptacles and other, similar outdoor refuse containers shall be screened with an enclosure at a minimum height of one (1) foot above the height of the dumpster and with a minimum inside clearance at the opening of twelve (12) feet.
(3)
Mechanical equipment—Mechanical equipment located on the roof of a building or structure shall be hidden behind a wall or other solid enclosure, extending no more than twelve (12) inches above the height of such equipment, such wall to be constructed of a material harmonious with the facade of the building or structure. Mechanical equipment located on the ground shall be screened from view from all public rights-of-way and from adjacent residential districts; an S-3 screen shall be provided, extending no more than twelve (12) inches above the height of such equipment. The screening materials shall be located in such a manner as will most effectively reflect noise away from adjacent residential districts.
(4)
Junk yards—Junk yards shall be screened from view from all adjacent residential properties and public rights-of-way.
(5)
Animal shelters and hospitals shall be screened from adjacent properties.
(6)
All car washes shall be screened from adjacent properties.
(7)
Gas stations shall be screened from adjacent properties.
(8)
Other uses—Uses determined by the director to have adverse impacts similar to those listed above shall be screened from view from adjacent residential properties and public rights-of-way.
(9-15-03(3))
(a)
[ Defined. ] For the purposes of this section the term "parking lot" shall mean and refer only to a parking lot containing twenty (20) or more spaces.
(b)
Street buffer.
Street Buffer
(1)
A continuous landscaped buffer ten (10) feet in width shall be established between the edge of a parking lot and any adjacent public right-of-way. If right-of-way improvements are required within such frontage, then a continuous landscaped buffer having an average width of ten (10) feet may be provided. Where an existing parking lot is to be expanded, and the existing lot has a landscaped buffer adjacent to a right-of-way of less than ten (10) feet in width, but at least four (4) feet in width, then no additional buffer shall be required along such frontage.
(2)
The required buffer shall consist of S-3 screen materials ("street plantings"), other than trees, but shall not include any plantings of a size or material that will obstruct any required sight distances. The landscaped buffer shall include at least three (3) street plantings for every fifteen (15) feet of frontage, spaced at intervals of not more than four (4) feet. All plantings shall have a minimum height of eighteen (18) inches when planted. Plantings shall be evenly spaced in a row, at intervals sufficient to allow for their healthy growth and development.
(3)
Streetscape trees required by section 34-870 shall be planted within the ten-foot landscaped buffer, and shall be integrated with other street plantings. If this requirement cannot be satisfied due to sight distance requirements, utility easements or other conflicting requirements, then the required landscaped buffer area shall be enlarged to accommodate the trees. If enlargement of the buffer area requires the relocation of required parking spaces, then any additional required street plantings may be counted toward interior landscaping requirements.
(c)
Adjacent property buffer.
(1)
A continuous landscaped buffer at least five (5) feet in width shall be established between the edge of a parking lot and an adjacent property, where there is no intervening public right-of-way.
(2)
The required buffer shall consist of S-2 screen materials. One (1) large tree and three (3) shrubs shall be planted for every fifteen (15) feet of length of the property line. Plants shall be evenly spaced in a row, at intervals sufficient to allow for their healthy growth and development.
(3)
If the edge of a parking lot abuts another parking lot on an adjacent property, and the other existing lot has a landscaped buffer area of at least four (4) feet wide, then no additional buffer shall be required.
(d)
Interior parking lot landscaping.
Interior Parking Lot Landscaping
(1)
In addition to the other applicable requirements of this section, an area equal to five (5) percent of the gross area of a parking lot shall be landscaped with trees or shrubs ("interior landscaped area").
a.
No interior landscaped area shall be less than one hundred forty-five (145) square feet, or have a width of less than nine (9) feet.
b.
Paved storage areas serving a warehouse use may be excluded from the calculation of gross area of a parking lot.
c.
Plantings immediately adjacent to (i.e., within fifteen (15) feet) a building shall not be counted toward interior landscaping.
d.
Buffers required by the preceding paragraphs, shall not be counted toward interior landscaping requirements.
e.
A landscaped island or other physical barrier shall separate parking areas from any entrance or exit to the parking lot.
(2)
Interior landscaped areas shall consist of at least one (1) tree, and at least three (3) shrubs, per eight (8) parking spaces or portion thereof. Interior landscaped areas with an area of less than 300 square feet shall be planted with at least one (1) medium tree; those having an area of 300 square feet or more shall contain at least one (1) large tree, or two (2) medium trees.
(3)
Interior landscaping shall be placed in reasonably dispersed planting islands. When screening is required along the frontage of public streets, the director shall determine if the street tree requirement has been met.
(e)
Buffers shall be designed to filter runoff from paved surfaces.
(9-15-03(3))
(a)
Each parking space within the parking lot shall be provided with a six-inch high concrete chock securely fastened in place, if deemed necessary by the planning commission.
(b)
Off-street parking areas shall have improved surfaces meeting the requirements of section 34-982. Slopes shall be as required by section 34-981.
(c)
A rail, fence, wall or other continuous barricade of a height sufficient to retain all cars completely within the property shall be provided, except at exit or access driveways.
(d)
The general standards applicable to off-street parking, as set forth within Article IX, Division 2 (section 34-970, et seq.) shall apply to parking lots. The planning commission shall approve all entrances and exits for parking lots, subject to the provisions of section 34-976. The planning commission may require entrance and exit signs.
(9-15-03(3); 6-6-05(2))
(a)
Within the R-3 districts, recreational areas for multifamily developments shall provide a landscaped area having, at a minimum, an area of twenty-five (25) percent of the total square footage of required recreational facilities.
(b)
Within the city's mixed use corridor districts, all required setback areas shall be landscaped, as more specifically provided within the setback requirements of Article VI. This requirement shall apply in addition to any required screening/buffering to be located within such areas.
(9-15-03(3))
Off-street parking and loading shall be provided in accordance with Article IX, sections 34-970, et seq.) of this chapter.
(9-15-03(3))
Adequate bicycle storage facilities may be required for sororities, fraternities, dormitories, boarding houses and similar uses, multi-family dwelling structures with five (5) or more units, and all nonresidential uses utilized by the public, where such facilities are deemed by the director of neighborhood development services or the planning commission to be in the public interest. No such facilities may be required in excess of the following standards:
(1)
Sororities, fraternities, dormitories, etc.: One (1) bicycle space per five hundred (500) square feet of bedroom area.
(2)
Multifamily dwellings: One (1) bicycle space for every two (2) dwelling units.
(3)
Nonresidential uses: One (1) bicycle space for every one thousand (1,000) square fee of public space.
(9-15-03(3))
In the West Main Street East (WME) and West Main Street West (WMW) zoning districts, bicycle parking spaces shall be required for: new buildings and developments, the addition of new enclosed floor area to an existing building, and for any change in use of any building.
(1)
Required bicycle spaces.
a.
Bicycle space requirements by use.
| Use |
Long Term Spaces Required
|
Short Term Spaces Required
|
| General retail | 1 space per 10,000 square feet of floor area, 2 minimum | 1 space per 5,000 square feet of floor area, 2 minimum |
| Office | 1.5 spaces per 10,000 square feet of floor area, 2 minimum | 1 space per 20,000 square feet of floor area, 2 minimum |
| Off-street parking lots and garages available to the general public either without charge or on a fee basis | 1 space per 20 auto spaces, minimum requirement is 2 spaces. Unattended lots excepted | 1 space per 10 auto spaces or minimum requirement is 6 spaces. Unattended lots excepted |
| Single-family dwelling | No spaces required | No spaces required |
| Multi-family dwelling with private garage for each unit | No spaces required | 0.1 space per bedroom, 2 minimum |
| Multi-family dwelling without private garage | 0.5 spaces per bedroom, 2 minimum | 0.1 space per bedroom, 2 minimum |
| Senior housing | 0.5 spaces per bedroom, 2 minimum | 0.1 space per bedroom, 2 minimum |
| Lodging (hotel, motel) | 1 space for every 10 spaces of required automobile parking, 2 minimum | No spaces required |
| General food sales and groceries | 1 space per 10,000 square feet of floor area, 2 minimum | 1 space per 2,000 square feet of floor area, 2 minimum |
| Non-assembly cultural (library, government buildings, courts, etc.) | 1.5 spaces for each 10 employees, 2 minimum | 1 space per 8,000 square feet of floor area, 2 minimum |
| Assembly (houses of worship, theater, auditorium, outdoor assembly, etc.) | 1.5 spaces for each 20 employees, 2 minimum | Spaces for 5% of maximum expected daily attendance |
| Health clinic/hospitals | 1.5 spaces for each 20 employees or 1 space per 50,000 square feet of floor area, whichever is greater, 2 minimum | 1 space per 20,000 square feet of floor area, 2 minimum |
| Public, parochial, and private day care centers for 15 or more children | 1.5 spaces for each 20 employees, 2 minimum | 1 space for each 20 students of planned capacity, 2 minimum |
| Public, parochial, and private nursery schools, kindergartens, and elementary schools (1—3) | 1.5 spaces for each 10 employees, 2 minimum | 1.5 space for each 20 students of planned capacity, 2 minimum |
| Public, parochial, and private elementary schools (4—6), junior high, and high schools | 1.5 spaces for each 10 employees plus 1.5 spaces per each 20 students of planned capacity, 2 minimum | 1 space for each 10 students of planned capacity, 2 minimum |
| Transit facility | Spaces for 7% of projected a.m. peak period daily ridership | Spaces for 2% of a.m. peak period daily ridership |
(2)
Location of bicycle parking.
a.
Bicycle parking spaces must be located on paved or pervious, dust-free surface with a slope no greater than three (3) percent. Surfaces cannot be gravel, landscape stone or wood chips.
b.
Bicycle parking spaces must be a minimum of two (2) feet by six (6) feet.
c.
Bicycle parking spaces must be placed at least three (3) feet from all vertical surfaces such as walls, fences, curbs, etc.
d.
Bicycle racks must be provided to accommodate each bicycle parking space. Racks shall be placed such that each required bicycle parking space must be accessible without moving another bicycle, and its placement must not result in a bicycle obstructing a required walkway or drive aisle.
e.
Up to twenty-five (25) percent of bicycle parking may be structured parking, vertical parking or wall mount parking, provided there is an adequate access aisle.
f.
All racks must accommodate cable locks and "U" locks, must permit the locking of the bicycle frame and one (1) wheel to the rack, and must support a bicycle in a stable position.
(3)
Example of bicycle parking layout.
(4)
Short-term bicycle parking. Required short term bicycle parking shall be visible from nearby bikeways and conveniently located to the main building entrance, no further than fifty (50) feet. Short-term bicycle parking must meet all other applicable design standards of the city.
(5)
Long-term bicycle parking.
a.
Required long-term bicycle parking spaces must be located in enclosed and secured or supervised areas providing protection from theft, vandalism and weather, and must be accessible to intended users.
b.
Required long-term bicycle parking for residential uses may be located within dwelling units or within deck, patio areas or private storage areas accessory to dwelling units if documented and approved by the director of neighborhood development services.
c.
Long-term bicycle parking spaces for nonresidential uses may be located off-site, within three hundred (300) feet of the site, upon a determination by the director of neighborhood development services that this arrangement would better serve the public. The off-site parking distance is measured in walking distance from the nearest point of the remote parking area to the closest primary entrance of the use served.
(3-21-16, § 4)
(a)
Each development shall provide for safe and convenient ingress from and egress to one (1) or more public roads, designed to: reduce or prevent congestion in the public streets; minimize conflict and friction with vehicular traffic on the public street, and on-site; minimize conflict with pedestrian traffic; and provide continuous and unobstructed access for emergency purposes, such as police, fire and rescue vehicles. To these ends the director or the commission, in the review of a site plan, may specify the number, type, location and design of access points to a public street, together with such measures as may be deemed appropriate to insure adequate functioning of such access points.
(b)
Each entrance onto any public road for vehicular traffic to and from a development shall be subject to approval of the director or commission. All such entrances shall be designed and constructed in accordance with the requirements and specifications set forth within the most recent version of the City of Charlottesville Standards and Design Manual. For a development of fifty (50) or more dwelling units, reasonably direct vehicular access shall be provided from all residential units to two (2) public street connections. For other residential developments, the commission may require two (2) points of access to a public street where such access is deemed warranted due to the character of the residents of such development, including but not limited to: the elderly, handicapped and developmentally disabled.
(c)
Where discharge waters of the one hundred-year storm could reasonably be anticipated to inundate, block, destroy or otherwise obstruct the principal means of access to a residential development, or a portion thereof: the principal means of access shall be designed and constructed so as to provide unobstructed access at time of flooding, subject to requirements of the flood hazard overlay district; and/or alternative vehicular access available to all dwellings and not subject to flooding shall be provided.
(d)
The commission or director may require provision for, and/or construction of, travel lanes or driveways to serve adjoining properties.
(e)
On-site parking and circulation shall be designed and constructed in accordance with off-street parking and loading requirements, subject to city engineer approval in accordance with sound engineering practices, including but not limited to grade, drainage and paving specifications and subject to the director's determination that the vehicular circulation patterns provided are safe and convenient.
(f)
Multifamily developments having a density greater than 43 DUA must have access on a public collector or arterial street, or have access to a collector or arterial street within two hundred (200) feet along a fifty-six-foot right-of-way developed to city street standards.
(9-15-03(3); 4-20-09)
(a)
A pedestrian access and circulation system shall be provided for every development, and shall be designed so as to provide for safe, attractive and convenient pedestrian travel. Provision shall be made for sidewalks and pedestrian walkways which will enable pedestrians to walk safely and conveniently between buildings on the site, and from the site to adjacent property. When feasible, pedestrian underpasses or overpasses are encouraged in conjunction with major vehicular routes. Provision shall be made, where appropriate, for pedestrian walkways in relation to private and public areas of recreation and open space, such as schools, parks, gardens, hiking trails, and areas of similar nature. Connection shall be made wherever possible of walkways, hiking trails and bicycle ways with similar facilities on adjacent property.
(b)
All sidewalks, curbs and gutters proposed to be accepted for maintenance by the city shall be built in accordance with construction standards set forth within the most recent version of the City of Charlottesville Standards and Design Manual.
(c)
Where curbs are required, curb ramps shall be constructed at intersections for use by persons with mobility impairments. The curb ramps shall comply with Virginia Department of Transportation's Road and Bridge standards. Variation or waiver of this requirement is prohibited.
(d)
All sidewalks and walkways shall be of materials, specifications and design approved by the city engineer. Within residential developments of a proposed density of two (2) or more dwelling units per acre, and in mixed-use, commercial, and industrial developments, sidewalks and pedestrian walkways may be required on one (1) or both sides of internal streets, as well as along any part of a property or development that fronts on a public street, to the reasonable satisfaction of the director or commission, pursuant to a determination by the director or commission that the same are reasonably necessary to protect the public health, safety and welfare and that the need therefore is substantially generated by the proposed development.
(e)
The following standards shall apply to all nonresidential and mixed use developments:
(1)
The pedestrian access and circulation system must connect all public rights-of-way to the main entrance(s) of the buildings within a development, and to one (1) another (for instance, if there is a public right-of-way along the front of the property, and one (1) along the rear of the property, then the pedestrian access and circulation system shall connect those two (2) public rights-of-way).
(2)
The pedestrian access and circulation system must connect all buildings within the project, and must provide connections between all buildings and other activities/uses within the project (such as vehicle parking, bicycle parking, outdoor recreation areas, outdoor open spaces, pedestrian amenities, etc.).
(3)
The pedestrian access and circulation system must be hard-surfaced.
(4)
The pedestrian access and circulation system must be of a width specified within the most recent version of the City of Charlottesville Standards and Design Manual.
(5)
Where the pedestrian access and circulation system crosses any driveway, parking area, or loading zone, the crossing must be clearly identifiable through the use of lawful elevation changes, different surfacing material, or other similar methods. Striping shall not meet this requirement.
(6)
Where the pedestrian access and circulation system is parallel and adjacent to an automobile travel lane, the system must either be a raised path or be separated from the travel lane by raised curb, bollards, landscaping or some other, physical barrier. If a raised path is used, the ends of the raised portions must he equipped with curb ramps.
(7)
The pedestrian access and circulation system must be adequately lighted, so as to be safely usable at night by pedestrians.
(9-15-03(3); 4-20-09)
(a)
In the case of any construction, use, change of use or other development required to be reviewed under section 34-28 of this zoning ordinance and Code of Virginia § 15.2-2232, the provisions of this article shall be deemed supplementary to and shall be construed in accordance with said code sections.
(b)
All public areas, facilities and uses shall be designed and constructed in accordance with applicable requirements and design standards set forth within the city's subdivision ordinance.
(9-15-03(3))
Provision shall be made for bus stops and bicycle paths and trails, in accordance with the requirements and design standards specified within the city's subdivision ordinance.
(9-15-03(3))
Fire hydrants and distribution systems shall be provided by the developer. Hydrant locations and fire flow requirements shall be as prescribed by insurance service offices (ISO) standards and subject to approval of the city's fire department. In any case in which the requirements of the city exceed those cited in the foregoing sentence, the requirements of the city shall apply.
(9-15-03(3))
(a)
All disturbed areas shall be stabilized in accordance with the current edition of the Virginia Erosion and Sediment Control Handbook to prevent soil erosion and excessive runoff; provided, that measures taken for erosion and sedimentation control shall conform to the standards and procedures set forth in Chapter 10 of this Code; and provided further that, in cases where an erosion and sedimentation control permit is required, the necessary plans and data shall be submitted, reviewed and approved concurrently with the site plan.
(b)
The following guidelines shall be followed in developing all site plans:
(1)
New drainage facilities or improvements to existing drainage facilities shall be designed to cope with storms having a ten-year recurrence interval.
(2)
Drainage improvements or those constructed in conjunction with site or subdivision plans shall be constructed downstream to a location where the receiving channel or conduit will convey the ten-year storm without overtopping its banks or eroding.
(3)
All site plans shall include provisions for on-site detention of runoff, or in lieu thereof the developers may be required to contribute the pro rata share for the site toward the estimated cost of a planned neighborhood or regional detention basin. Where on-site detention ponds are proposed, plans shall include a description of the maintenance to be provided for such ponds.
(4)
On-site detention design is intended to restrict post-development runoff to no more than the calculated predevelopment runoff. For new or redevelopment sites the design storm shall be the ten-year storm, or a two-year storm when calculated as if the site were totally vacant in the predevelopment stage, whichever is greater.
(9-15-03(3); 7-16-12)
(a)
The following public areas, facilities and uses shall be provided in accordance with the standards set forth within the city's subdivision ordinance:
(1)
Streets and roads (including, without limitation, access for emergency vehicles) and sidewalks and public pedestrian paths;
(2)
Water, sewer and other utilities (including, without limitation, electric power, telephone and cable television);
(b)
All public facilities, utility and drainage easements outside the right-of-way of public streets shall be accurately shown on the final site plan, provided that new easements may generally be shown and accurately dedicated by separate plat. Utility installation in public streets and rights-of-way shall be coordinated with street construction plans and profiles approved by the city engineer.
(9-15-03(3))
(a)
Automatic car washes.
(1)
For the purpose of this division, "automatic car wash" means a facility for washing motor vehicles using production line methods with a chain conveyor or blower, steam cleaning device or other mechanical device requiring continuous movement of cars into the wash rack.
(2)
No lot on which an automatic car wash is situated shall have an area of less than ten thousand (10,000) square feet, or a lot width of less than fifty (50) feet.
(3)
A hard surfaced driveway of either one (1) or more lanes shall be constructed on the site in such a manner as to provide for a continuous movement of cars into the wash rack. The driveways so provided shall be not less than ten (10) feet wide for a single lane and not less than ten (10) additional feet in width for each additional lane.
a.
Where access to the wash rack is restricted to a single lane, such lane shall be used only for such purposes as are a part of the washing operation. The total length of the required lane or lanes so provided shall be determined by the overall length of the building including areas having side walls but no roof. In any building where the washing operation moves in other than a straight line, the length of the building for the purposes of this section shall be the distance measured along the center line of the conveyor or wash line from the point of entry to the point of exit from the building.
b.
The overall length of the required lane or lanes as measured along the center line shall be determined in accordance with the following formula: Where the building is eighty (80) feet or less in overall length, the total required lane or lanes shall be not less than two hundred (200) feet in length. Where the building exceeds eighty (80) feet in length, the length of the required lane or lanes shall be increased twenty (20) feet for each ten (10) or fraction thereof by which the building exceeds eighty (80) feet in overall length.
(4)
Gasoline pumps may be permitted on the site; provided, however, that the area occupied by such pumps shall be in addition to the area required under subsection (3) of this section.
(5)
The building exit for automobiles that have completed the washing process shall be at least twenty-five (25) feet distant from the nearest point of the public sidewalk of the adjacent street.
(6)
A sand trap for waste water with a minimum capacity of one hundred twenty (120) cubic feet shall be provided within the building for the protection of the sewers.
(7)
Vacuuming facilities may be outside the car wash building but shall not be in the required front yard.
(8)
The building or vacuuming facilities shall be sufficiently buffered from any residential district or use.
(9)
Any light used to illuminate the area shall be in conformance with the regulations set forth in Article IX, sections 34-1000, et seq. (outdoor lighting regulations).
(b)
Self-service car washes.
(1)
A hard surfaced paved area, at least fifty (50) feet deep, shall be provided in front of each stall. In addition, a like area for the purpose of drying and vacuuming a vehicle shall be provided at the rear of each stall.
(2)
A sand trap for waste water with a minimum capacity of one hundred twenty (120) cubic feet shall be provided for the area under the stalls for the protection of the sewers.
(3)
The vacuuming facilities shall not be located in the required front yard.
(4)
The stalls or vacuuming facilities shall be sufficiently buffered from any residential district or use.
(5)
The site shall be screened in conformance with the regulations set forth in section 34-854.
(6)
The interior of the wash stalls shall remain illuminated during hours of darkness, but the operation shall be limited to the hours between 6:00 a.m. and 11:00 p.m. with an automatic timer switch to accomplish such illumination.
(7)
Any light used to illuminate the area shall be in conformance with the regulations set forth in Article IX, sections 34-1000, et seq. (outdoor lighting regulations).
(9-15-03(3))
(a)
Specifications for driveway entrances:
(1)
Minimum driveway width: Thirty (30) feet.
(2)
Maximum driveway width: Forty (40) feet.
(3)
Minimum distance between driveways: Twenty (20) feet.
(4)
Minimum distance from driveway to street corner (listed by radius):
|
Radius
|
Required
Distance |
| 5′—9′ | 20 feet |
| 10′—14′ | 15 feet |
| 15′—19′ | 10 feet |
| 20′—24′ | 5 feet |
| Over 25′ | 0 feet |
(b)
The minimum distance between driveway and an adjoining property line shall be ten (10) feet.
(c)
The minimum distance between gasoline pump island and back of sidewalk shall be sixteen (16) feet.
(d)
A raised curb six (6) inches high shall be constructed back of the sidewalk separating the driveways and opposite pump island. The raised curb shall extend to within two (2) feet of each driveway.
(e)
In cases where there is no existing curb, gutter and sidewalk along adjacent public streets onto which the service station shall have access, the developer shall at his own expense construct the necessary curb, gutter and sidewalk according to city specifications.
(f)
Maximum number of driveways permitted for each one hundred (100) feet is two (2). An additional driveway may be permitted for each fifty (50) feet of frontage owned, provided the need can be established and the minimum requirements as set out above can be complied with.
(g)
A lot containing, or proposed to contain any service station shall have an area of at least two thousand five hundred (2,500) square feet for each gas pump.
(h)
All buildings shall be setback at least forty (40) feet from the street right-of-way line and at least ten (10) feet from any other property line.
(i)
No delivery tanker shall be allowed to park on public right-of-way during gasoline delivery, nor shall any hose be permitted on or within the public right-of-way.
(j)
At least fifty (50) percent of the street frontage shall be landscaped with plant materials. Such planting area shall have a minimum width of five (5) feet.
(k)
In order to preserve sight distances for service stations located on street corners, a required corner yard shall be provided within an area defined by a straight line drawn between curb cuts. This required yard area shall be landscaped with low profile plants having a height of not more than three (3) feet at maturity. The required yard shall be unobstructed by any buildings or structures, except that signs or light fixtures may be placed within this area.
(l)
All trash shall be stored within a building or within a fenced enclosure in the rear (or in the case of corner sites, rear quarter of the site).
(m)
In cases where a hillside must be graded for construction suitable protection for the hillside must be provided for slopes in excess of ten (10) percent. Such protection shall be in the form of terracing, retaining walls, planting of suitable vegetation or a combination of the above in order to avoid excessive runoff and soil erosion.
(n)
An attendant shall be responsible for overseeing the pumping of gasoline or related fuels.
(o)
Any light used to illuminate the area shall be in conformance with the regulations set forth in Article IX, sections 34-1000, et seq. (outdoor lighting regulations).
(9-15-03(3))
(a)
Dumpsters shall be located on a pad of sufficient size to adequately accommodate loading and unloading vehicles without damage to the surrounding surfaces, with a minimum dimension of ten (10) feet in width and twenty (20) feet in length. All dumpsters shall be screened as required by section 34-872(b)(2).
(b)
Dumpsters shall have adequate access to a city street with sufficient space for collection trucks to maneuver.
(9-15-03(3); 6-6-05(2))
(a)
All animal shelters, animal boarding/grooming facilities, kennels, and veterinary clinics shall be reasonably soundproofed from neighboring residential and commercial uses.
(b)
Drainage from the building interior, and from outside runs and pens, shall go to a sanitary sewer system.
(9-15-03(3))
(a)
The standards set out in this section shall be followed in developing site plans for parking garages which contain more than ten (10) contiguous spaces.
(b)
Entrances and exits shall be as far as practicable from street intersections and shall be located so as to result in the least possible interference with traffic movement on abutting streets.
(c)
Not less than one (1) exit lane shall be provided for each two hundred (200) parking spaces, or major fraction thereof.
(d)
Driveway widths at the street line shall be not less than twenty (20) feet for driveways accommodating one (1) lane of traffic and twenty-four (24) feet for driveways accommodating two (2) lanes of traffic. In no case shall any driveway width at the street line be greater than thirty-six (36) feet.
(e)
All portions of the structure used for parking of vehicles shall be illuminated during the hours of use by natural or artificial lighting with an intensity of not less than four (4) footcandles measured at floor level.
(f)
The parking garage shall be constructed in such a manner as to screen from outside street level view any vehicles parked therein; provided, however, that entrances and exits shall be exempt from this requirement.
(9-15-03(3); 4-20-09)
A bed and breakfast of any type, where allowed within a residential district, shall be subject to the following regulations:
(1)
A bed and breakfast homestay shall be permitted only where the character of such use is such that it is clearly subordinate and incidental to the principal residential use of a dwelling.
(2)
In addition to the resident of the dwelling, not more than one (1) other person may be engaged in the activities of a bed and breakfast homestay and two (2) other persons in all other bed and breakfast categories. There must be one off-street parking space available for each staff person in addition to bed and breakfast off-street parking requirements.
(3)
Deliveries of supplies associated with the bed and breakfast shall occur only between the hours of 8:00 a.m. and 6:00 p.m.
(4)
No mechanical or electrical equipment shall be employed within or on the premises, other than machinery or equipment customarily found in a residential dwelling.
(5)
No outside display of goods, and no outside storage of any equipment or materials used in the bed and breakfast shall be permitted.
(6)
There shall be no audible noise, or any detectable vibration or odor from activities or equipment of the bed and breakfast beyond the confines of the dwelling, or an accessory building, including transmittal through vertical or horizontal party walls.
(7)
There shall be no sales of any goods, other than goods that are accessory to a service delivered on-premises to a customer or client of the business.
(8)
All parking in connection with the bed and breakfast (including, without limitation, parking of vehicles marked with advertising or signage for the bed and breakfast) must be in the driveway, parking lot or garage areas on the premises.
(9)
Off-street parking shall be provided in accordance with section 34-984.
(10)
One (1) exterior sign, of dimensions no greater than two (2) square feet, may be placed on the exterior of the dwelling or an accessory structure to indicate the presence or conduct of the bed and breakfast. This sign may not be lighted. In all other respects the property from which the bed and breakfast is to be conducted must be in compliance with the sign regulations set forth within sections 34-1020, et seq. of this Code.
(11)
Except for the sign authorized by subparagraph (8) above, there shall be no evidence or indication visible from the exterior of the dwelling that the dwelling is being utilized in whole or in part for any purpose other than as a residential dwelling.
(12)
Bed and breakfast establishments shall obtain a city business license (or a statement from the commissioner of revenue that no city business license is required) and a certificate of occupancy or other written indication from the city's building code official that use of the dwelling or accessory structure for the bed and breakfast is in compliance with all applicable building code regulations.
(13)
The guest rooms shall be offered for rent or lease by the day. The maximum length of stay is limited to ninety (90) days in a three hundred sixty-five-day period.
(14)
The owner or resident manager shall keep a current guest register including names, addresses, and the dates of occupancy of all guests.
(15)
Where bed and breakfast establishments are allowed by special use permit, the planning commission may, for reasonable cause shown, grant an exception to, expand or modify the requirements above upon finding that strict application of these standards would not forward the purposes of this chapter or otherwise serve the public health, safety, welfare, or that alternatives proposed by the owners would satisfy the purposes of these regulations to at least an equivalent degree.
(3-16-09(3))
(a)
An application for a special use permit for a single room occupancy facility (SRO) shall include all of the documents required for an application for a special use permit under section 34-158 and a preliminary site plan as required by section 34-827. The applicant shall also provide an outline of operational policies and regulations for the facility and a description of the supportive services that will be provided for residents.
(b)
In determining whether to grant a special use permit for a single room occupancy facility, in addition to other general criteria, the city council shall consider:
(1)
The proximity of the proposed facility to mass transit lines and to retail, medical, recreational, employment centers and other services necessary to support the residents of the facility;
(2)
The proposed layout of the site, including open space and landscaping;
(3)
The massing and scale of the project and the compatibility of the proposed building with nearby residential and commercial areas; and
(4)
The information required by subsection (a) above.
(c)
Single room occupancy facilities shall be subject to the following standards:
(1)
Double occupancy units shall not make up more than fifteen (15) percent of an SRO facility;
(2)
The maximum number of single room occupancy units in the facility shall be established by city council in the special use permit, irrespective of the maximum dwelling unit density permitted in the zoning district in which the facility is located. In addition to general criteria for special permits and the requirements in subsection (b) above, city council may consider surrounding density and adjacent land uses.
(3)
Twenty-four-hour on-site management must be provided, including a manager who shall reside in a unit within the facility. The rules and enforcement shall be reviewed as part of the special use permit.
(4)
There shall be one (1) parking space provided for every three (3) units plus one (1) space for each employee, based on largest shift, provided that city council may allow a lesser number as part of the special use permit.
(5)
There shall be bicycle storage space to accommodate one (1) bicycle space for every four (4) dwelling units.
(6)
The facility must be located within one-fourth (¼) mile of an active public transit stop.
(7)
Laundry facilities shall be required, as follows: one (1) washer and one-half (½) dryer for every eight (8) units, plus one (1) additional dryer for every sixteen (16) units. There shall be a minimum of two (2) washers and two (2) dryers on site.
(8)
SRO units shall be for the purpose of providing affordable housing and shall not serve the purpose of recreational or travel needs.
(7-20-09(2))
Electronic gaming cafés are prohibited as an ancillary use.
(1-18-11)
The purpose of this article is to set forth several categories of regulations that apply to certain uses, structures and lots, wherever they may be located.
(9-15-03(3))
The purpose of these regulations is to set forth off-street parking and loading requirements for permitted uses, in accordance with the intensity of such uses; and to provide adequate parking for the traveling public, in order to reduce traffic hazards and conflicts between motor vehicles and alternate methods of transportation; to allow flexibility in addressing vehicle parking, loading, and access issues; to present a variety of strategies to solve parking issues; to encourage walking and alternate modes of transportation; and to maintain and enhance a transportation system that is consistent with environmental goals and clean air.
(9-15-03(3))
(a)
Off-street parking and loading spaces shall be provided in accordance with the provisions of this division, at the time of construction, erection, alteration, enlargement or change in use of any building, structure or use. Thereafter, such spaces shall be maintained and kept available for such use, to the extent of the minimum number of spaces required hereunder, unless there is a change of use or floor area.
(b)
Any use for which the required amount of parking was approved as of December 15, 1975 shall be considered as conforming as to the parking requirements, so long as the use remains unchanged. Otherwise, only those uses for which parking or loading space was approved and provided prior to the effective date of this chapter shall be considered in conformance with this division, provided the intensity of such use remains unchanged.
(c)
For enlargements of existing structures equal to or greater than 25% of the structure's gross floor area, required parking must equal the sum of those spaces prior to the enlargement and the number of spaces required by these regulations for any additional use area, unless waived by city council. Where the enlargement is less than 25% of structure's gross floor area no additional parking is required.
(d)
For a change of use within an existing structure where there is no enlargement of the existing structure, no additional parking is required.
(e)
The following three (3) parking zones shall be subject to the specific requirements set forth hereunder:
(1)
The Urban Core Parking Zone is established as designated on the most recently approved City of Charlottesville Zoning Map. Provision of parking shall not be required for a development in the Urban Core Parking Zone unless such development requires a special use permit for increased residential density above that allowed by right. Parking required pursuant to Article IX shall be provided for all additional units allowed as a result of the increased density, unless such requirement is waived by council. Parking requirements may be fulfilled by the property owner or developer through any of the alternatives outlined in subsection (4) below.
(2)
The Corner Parking Zone is established as designated on the most recently approved City of Charlottesville Zoning Map. Provision of parking shall not be required for a development in the Corner Parking Zone unless such development requires a special use permit for increased residential density above that allowed by right. Parking required pursuant to Article IX shall be provided for all additional units allowed as a result of the increased density, unless such requirement is waived by council. Parking requirements may be fulfilled by the property owner or developer through any of the alternatives outlined in subsection (4) below.
(3)
The Parking Modified Zone is established as designated on the most recently approved City of Charlottesville Zoning Map. Provision of parking for a development in the parking modified zone shall be computed using the provisions of sections 34-984 and 34-985. Only if a development requires more than twenty (20) parking spaces pursuant to section 34-984 of this Code shall parking be required as follows: non-residential developments shall provide 50% of the required parking, and residential developments shall provide one (1) space per unit. Parking requirements may be fulfilled by the property owner or developer through any of the alternatives outlined in subsection (4) below. Affordable housing units (as defined by city council in its adopted affordable housing policy) created in any development shall not be included in the parking calculation, and parking shall not be required as a result of any such units as long as they remain affordable.
(4)
Required parking in the Urban Core Parking Zone, Corner Parking Zone, and the Parking Modified Zone shall be provided either:
a.
On site;
b.
Within one thousand (1,000) feet of the site, subject to all other conditions of section 34-973;
c.
By payment into a city parking fund in a standard amount per space established by city council;
d.
By making a one-time contribution for transit improvements equivalent to the cost of each required parking space in a standard amount per space established by city council; or by
e.
Implementation of alternative transportation improvements equivalent to the cost of each required parking space in a standard amount per space established by city council, as approved by planning commission.
(5)
In addition to provision of parking as required herein, all developments requiring a site plan within the Urban Core Parking Zone, Corner Parking Zone, and the Parking Modified Zone shall provide bicycle storage facilities, other than bicycle racks, in accordance with section 34-881.
(9-15-03(3); 9-21-09(2); 7-16-12)
(a)
For lots containing a single-family detached dwelling or a two-family dwelling, parking may be located within any yard. Driveways and off-street parking spaces, regardless of zoning district, shall be subject to the following location and dimensional requirements, with such requirements applying to the portion of the driveway and off-street parking spaces located between the right-of-way and the building line.
(1)
No driveway entrance or exit shall intersect with a street at a location closer than fifteen (15) feet to any street intersection;
(2)
No driveway within a residential district, or used for residential purposes, shall be located within three (3) feet from the line of an adjacent property;
(3)
For driveways and off-street parking spaces, except those off-street parking spaces provided in a garage or carport, the portion of the driveway and off-street parking area located between the right-of-way and the building setback line shall not exceed a maximum of twenty-five (25) percent of the lot area between the right-of-way and building line. This does not prohibit a lot from having one (1) one-way driveway entrance of a maximum width of twenty (20) feet;
(4)
The above language notwithstanding, all driveway entrances shall meet a minimum width requirement of twenty (20) feet and shall not exceed a maximum width of thirty (30) feet, except as allowed by subsection (5) of this section.
(5)
For off-street parking areas in Architectural Design Control Districts and Historic Conservation Districts, as defined in Article II of this chapter, the city traffic engineer may approve a modification in the required driveway entrance width on properties zoned for multi-family residential, commercial, industrial or mixed-use development following a recommendation from the Board of Architectural Review for such modification. Specific factors to be considered by the city traffic engineer include, but are not limited to, expected traffic volumes, internal site circulation, volume of truck traffic, speed limit of the adjacent roadway, and the presence of turn lanes.
(b)
Driveways and common parking areas, except for single-family detached or two-family dwellings, shall also be subject to the following location and dimensional requirements, with such requirements applying to the portion of the driveway located between the right-of-way and the building line:
(1)
No driveway entrance or exit shall intersect with a public street at a location closer than fifteen (15) feet to any street intersection, or less than five (5) feet from the end of a curb radius;
(2)
The total width of driveway entrances (curb cuts) shall not exceed thirty-three (33) percent of the lot frontage. This does not prohibit a lot from having one (1) two-way driveway entrance of a maximum width of thirty (30) feet;
(3)
Parking shall be located in side or rear yards, except that: (i) Parking may not be located within any yard that faces a public street; and (ii)Parking may be located within any yard in the following districts: Urban Corridor, Highway Corridor, and Industrial Corridor. If a lot faces more than one (1) public street, parking shall be prohibited in the yard that fronts on the public street with the highest functional classification rating. If all roads abutting the yard have the same functional classification, parking shall be prohibited in the yard serving as front yard for the parcel.
(4)
Parking may be located in any yard for the following uses:
a.
Gas stations and other automobile service related uses;
b.
Motor vehicle dealerships;
c.
Industrial uses.
(5)
Parking may be located underground, or on one (1) or more floors of a building served by such parking (for example, in townhouse developments, parking may be located under each individual unit); or within common areas;
(6)
No off-street parking area shall be located closer than three (3) feet to any side or rear property line. No driveway within a residential district, or used for residential purposes, shall be located within three (3) feet from the line of an adjacent property.
(7)
Any parking established in yards that face any public street(s) shall be subject to the street buffer provisions of section 34-873(b), and, in addition must include a masonry or similar type wall between the parking area and the public street(s). The wall shall be no less than thirty-two (32) inches in height.
(c)
For lots containing a single-family attached dwelling, parking may be located within any yard. Driveways and off-street parking spaces, except those off-street parking spaces provided in a garage or carport, shall not exceed a maximum of twenty-five (25) percent of the lot area between the right-of-way and building setback line. This does not prohibit a lot from having one (1) one-way driveway entrance of a maximum width of twenty (20) feet.
(d)
When more than one (1) driveway is provided along a frontage in a single ownership, there shall be a separation of at least twenty (20) feet at the curb line between each driveway, and a six-inch raised protective curb parallel to the street extending not less than two-thirds ( 2/3 ) the length of the island shall be placed inside the property line between the driveways.
(e)
Parking spaces must be designed and used in such a manner as to prevent cars parked in a driveway from encroaching into the public right-of-way.
(f)
For zoning purposes, driveways begin at the boundary separating a property from the right-of-way. Driveways may only be constructed using materials permitted by section 34-982. Entrances must conform to designs listed in the most recent version of the City of Charlottesville Standards and Design Manual.
(g)
The location and design of entrance and exit driveways shall be approved by the director of neighborhood development services to ensure a safe and convenient means of ingress and egress, using current access management principles.
(9-15-03(3); 6-6-05(2); 4-20-09; 9-21-09(3); 12-20-10(2))
All off-street parking spaces shall be located on the same lot as the use or structure to be served, except as follows:
(1)
Off-site spaces shall be within one thousand four hundred (1,400) feet of the use or structure served. For the purpose of this requirement, distance from parking spaces to the use or structure served shall be measured in a straight line from the nearest parking space to the use served.
(2)
Off-site parking spaces may be located in a different zoning district than the use or structure served, if permitted by right or by special use permit in such zoning district.
(3)
An off-site location must either: (i) be located on land in the same ownership as that of the use or structure served, or in the case of cooperative provision of parking space, in the ownership of at least one (1) of the participants in such provisions, or (ii) be subject to arrangements (such as long-term lease, recorded easement, etc., providing the required parking arrangements for a period of at least twenty-five (25) years) as will assure the availability of such space for the duration of the use or structure to be served.
(4)
No changes shall be made to any off-site parking lot that would reduce the parking available for a use or structure served by such lot, unless alternate parking arrangements are made to provide an equivalent number of spaces.
(6)
The use or structure must supply at least 40% of its required spaces on-site.
(7)
All required handicapped parking spaces must be located on site unless space limitations do not permit the provision of the required handicapped spaces, and the owner of the use or structure to be served by such spaces demonstrates that the proposed use an be adequately served by existing designated on-street handicapped space(s) within seventy-five (75) feet of such use or structure.
(8)
All required loading spaces for a use or structure must be located on site, except as provided in section 34-983 (off-street loading area requirements).
(9-15-03(3); 6-6-05(2); 7-16-12)
(a)
With the approval of the director of neighborhood development services, required off-street parking may be provided cooperatively for two (2) or more uses of the same or different types, provided that arrangements are made (a long-term lease, recorded easement, etc.) such as will assure the availability of such space for the duration of the use to be served, and provided further that, unless reduced by the director as set forth below, the number of spaces provided shall not be less than the sum of the individual requirements.
(b)
The combined parking requirements for two (2) or more uses participating in a cooperative parking arrangement may be partially reduced by the director of neighborhood development services, provided that the uses will not conflict in time of operation or need for the parking spaces and provided that the parking needs of each use at a given time of day may be adequately met through the parking arrangements.
(c)
Cooperative parking arrangements shall provide off-street parking spaces within four hundred (400) feet of each use served.
(d)
For the purpose of this division, all spaces located within a cooperative parking arrangement shall be deemed to be on-site parking for each use served by such arrangement.
(e)
Once approved by the director, any subsequent change to a cooperative parking arrangement affects the availability and convenience of the shared space shall constitute grounds for revocation of the occupancy certificates for the uses served.
(9-15-03(3))
(a)
Parking areas shall be designed to minimize on-site and off-site traffic hazards and conflicts.
(b)
Parking areas shall be designed to reduce or prevent congestion in the public streets.
(c)
All off-street parking and loading spaces shall be provided with safe and convenient access to a street, to an alley, or, with the approval of the director of neighborhood development services, to an easement connected to a public street or alley. The required access shall not subsequently be reduced or encroached upon.
Off-Street Parking
(d)
Vehicular access points shall be designed to encourage unimpeded traffic flow with controlled turning movements and minimum hazards to vehicular and pedestrian traffic. Distance between street access and on-site points of conflict (such as parking spaces and turning and other maneuvers) shall be adequate to accommodate unimpeded traffic flow from and to such street.
(e)
One-way paths of ingress and egress are prohibited, except that:
(1)
The planning commission or director may approve such paths when necessitated by the peculiar character of the proposed use or site. When approved, the commission or director shall require installation and maintenance of control devices, such as signs, pavement markings, etc., as may be reasonably necessary to provide direction and control of vehicular movements; and
(2)
One-way paths of ingress and egress shall be allowed for single-family attached, single-family detached and two-family dwellings.
(f)
Parking areas shall be designed to facilitate unimpeded flow of on-site traffic in circulation patterns readily recognizable and predictable to motorists and pedestrians. Parking areas shall be arranged in a fashion to encourage pedestrian access to buildings, and to minimize internal vehicular movements. Facilities and access routes for deliveries, service and maintenance shall be separated, when practical, from public access routes and parking areas. Except for spaces serving single family, two-family and townhouse dwellings, no parking space shall be designed that will require backing into a public street; however, with the approval of the traffic engineer, parking spaces may be designed to allow backing into an alley.
(g)
Direct access for emergency vehicles shall be provided as required by the city's fire department. Emergency vehicle access shall be free of bumps, fences, gates, chains, bars, pipes, wood or metal horses or any other type of obstruction, except as approved by the city's fire code official.
(h)
Interior circulation aisles:
(1)
Where circulation aisles are adjacent to parking, such aisles shall have the following minimum widths, with appropriate turning radii:
|
Parking Angle (Degrees)
|
|||||
|
Direction
|
0
(parallel) |
30
|
45
|
60
|
90
|
| One-way | 12 ft.* | 12 ft. | 12 ft. | 16 ft. | 20 ft. |
| Two-way | 19 ft.* | 20 ft. | 20 ft. | 20 ft. | 20 ft. |
*Where any circulation aisles serve parallel parking immediately adjacent to any building(s), such aisles shall be not less than sixteen (16) feet in width. All aisles serving parallel parking may be required by the director or planning commission to provide such additional width as may be necessary for curvilinear streets and/or to assure adequate access for emergency vehicles.
(2)
Where there is no parking adjacent to circulation aisles, minimum aisle width shall be twenty (20) feet for one-way travel aisles, and twenty-four (24) feet for two-way travel aisles. Where there is 90-degree parking adjacent to both sides of a circulation aisle, the aisle width shall be no less than twenty (20) feet, and no more than twenty-four (24) feet, as minimally necessary to provide a total aisle parking width of no more than sixty (60) feet.
(3)
The commission or director may require additional travel width for any circulation aisle, upon a determination that such additional width is necessary to accommodate access for emergency vehicles, or curvilinear streets.
(4)
One-way circulation aisles shall include control devices, such as signs, pavement markings, etc., to provide for the direction and control of vehicular movements.
(9-15-03(3); 6-6-05(2))
Editor's note— Ord. of April 20, 2009, repealed § 34-976, which pertained to driveways. See also the Code Comparative Table. The user is also directed to § 34-972.
(a)
The dimensions for each individual parking space shall conform to the following requirements:
|
Type of space
|
Min. Width
|
Hatched
Apron |
Min. Length
|
| Parallel | 8 feet | N/A | 20 feet |
| Compact car | 8 feet | N/A | 16 feet |
| Handicapped (car) | 8 feet | 5 feet | 18 feet |
| Handicapped (van) | 8 feet | 8 feet | 18 feet |
| Standard | 8.5 feet | N/A | 18 feet |
(b)
All required off-street parking spaces shall be designed to the dimensions of a standard parking space, or of a parallel space (when such spaces are located at a zero (0) degree angle to an adjacent curb), except that:
(1)
Required handicapped spaces shall be designed to the dimensions indicated in paragraph (a), above, for car- or van-accessible spaces;
(2)
When located within parking lots with ten (10) or more parking spaces, the director or the planning commission may allow up to thirty (30) percent of the required off-street parking spaces to be designed to the dimensions indicated in paragraph (a), above, for compact cars. All compact spaces shall be clearly marked as such; and
(3)
The director or planning commission may permit a reduction of up to three (3) feet in the paved length of required spaces, where such spaces are adjacent to a planting island or other physical separation (but not a sidewalk) that permits the overhanging of vehicles parked in such spaces.
(c)
Of any spaces required to be handicapped-accessible, not less than one (1) such space shall be van-accessible. Two (2) adjacent handicapped-accessible parking spaces may share a common apron area. Required spaces for persons with disabilities shall be identified with signs and markings identifying such spaces as being reserved for the handicapped. Handicapped accessible parking spaces and associated apron areas shall be level, with surface slopes not exceeding 1:50 (2%) in any direction.
(9-15-03(3))
Adequate lighting shall be provided for off-street parking facilities used at night, in accordance with the requirements of Division 3 of this article (section 34-1000, et seq.), except that lighting for single-family attached or detached, two-family, or multifamily dwellings containing up to four (4) dwelling units shall not be required.
(9-15-03(3))
Off-street parking shall be separated from walkways, sidewalks and streets by bumpers or curbs. Each space shall be clearly marked and pavement directional arrows or signs shall be provided. The requirements of this section shall not apply to off-street parking required for single-family detached, single-family attached, or two-family dwelling units.
(9-15-03(3))
Off-street parking shall comply with the requirements of the federal Americans with Disabilities Act, if applicable.
(9-15-03(3))
(a)
All off-street parking facilities, including new facilities for single-family and two-family dwellings, shall be drained in a manner to prevent damage to abutting properties and public streets. The owner of the parking facility shall be responsible for maintenance of such drainage.
(b)
Parking areas shall be constructed with a slope of five (5) percent or less. The director of neighborhood development services may, however, permit slopes of up to ten (10) percent where necessary for reasons of topography, and where he determines that adequate drainage will be provided.
(9-15-03(3))
All off-street parking facilities shall be constructed of an improved surface of hard asphalt topping, or other surface resistant to erosion and acceptable to the city engineer, and shall be graded, drained and/or improved so as to properly dispose of all surface water, in accordance with sound engineering practices and standards. In no case shall drainage be authorized to cross sidewalks, and the owner of the parking facility shall be responsible for maintenance of drainage facilities and improvements.
(9-15-03(3); 6-6-05(2))
(a)
In addition to any required off-street parking spaces, there shall be provided adequate off-street space for loading and unloading vehicles owned or leased and regularly used in the operation of any commercial (business or industrial) use. In addition, when any such vehicles are to be parked on-site when not loading or unloading, there shall be provided adequate parking spaces to accommodate the maximum number of vehicles that may be reasonably expected to be parked on the site of such use at any one (1) time.
(b)
Each loading space shall have a minimum dimension of twelve (12) by thirty-five (35) feet, and a vertical clearance of at least fourteen (14) feet.
(c)
Loading requirements shall not apply under the following circumstances: (i) space limitations do not permit the provision of off-street loading areas, and (ii) the owner of the use of structure demonstrates that the proposed use an be adequately served by an existing designated on or off-street loading facility within two hundred (200) feet of the use served.
(d)
Loading spaces may be provided cooperatively for two (2) or more uses, subject to the approval by the director of neighborhood development services of the appropriate legal instruments (a long-term lease, recorded easement, etc.) to ensure the permanent availability of off-street loading for all such uses.
(9-15-03(3); 7-16-12)
|
Use
|
Size or Type
|
Required Spaces
|
|
Residential uses
|
||
| Single-family (attached or detached) and two-family dwellings | 1 space/dwelling unit | |
| Townhouse dwellings | ||
| 1—3 bedrooms | 1 space/dwelling unit | |
| 4+ bedrooms | 1 space/dwelling unit | |
| Multifamily dwellings (See special provisions of section 34-353(d)(2)) | ||
| Efficiency; 1 bedroom unit | 1 space/unit | |
| 2 bedroom unit | 1 space/unit | |
| 3 bedroom unit | 2 spaces/unit | |
| 4 bedroom unit | 2 spaces/unit | |
| Each bedroom in excess of 4 | 1 additional space per bedroom for each 10 units with more than 4 bedrooms | |
| Rooming house, boarding house, bed and breakfast | 0.3 space/per bedroom | |
| Fraternities, sororities | 2.5 spaces per 3 bedrooms | |
| Residential treatment facilities | 1—8 beds | 2 spaces/facility, plus 1 space/non-resident employee |
| Family day homes | 1—5 children | 1 space/non-resident employee, plus parking required for the dwelling |
| Adult care | Nursing homes | 1 space/4 beds; plus 1 space/employee, based on largest shift |
| Assisted living | 1 space/3 beds, plus 1 space/employee, based on largest shift | |
|
Non-Residential Uses, Institutional, Educational or Civic in Nature
|
||
| Assembly—theaters, auditoriums, stadiums, amphitheaters, places of worship, etc. | With fixed seats | 1 space/6 seats—On street parking within 1,000 feet of the building except in residential area, may be used toward fulfilling this requirement |
| No fixed seats | 1 space/200 sq. ft. of assembly space | |
| Clinics | Medical or dental | 1 space/400 sq. ft. of GFA |
| Veterinary | 1 space/examination room, plus 1 space/employee, based on largest shift | |
| Clubs, private | 1 space/4 persons allowed at maximum occupancy | |
| Day care | 1 space/per 1.5 employee | |
| Funeral homes and ambulance service companies, private | 1 space/5 persons, based on maximum occupancy of assembly space; plus 1 space/employee, based on largest shift; plus 1 space/company vehicle stored on-site | |
| Hospitals | 1 space/5 beds, plus 1 per emergency or out-patient exam table | |
| Museums, art galleries, libraries or similar uses | 1 space/400 sq. ft. of GFA | |
|
Educational Facilities
|
||
| Preschool, playschool, nursery school, kindergarten | 1 space/classroom | |
| Elementary schools | 1 space/classroom | |
| High schools | 1 space/employee, based on largest shift, plus 1 space per 5 students | |
| Colleges and universities | 1 space/2 students | |
| Arts | 1 space/2 students | |
| Vocational/training | 1 space/2 students | |
|
Recreational Uses
|
||
| Amusement arcades | 1 space/4 persons, based on maximum occupancy | |
| Bowling alleys | 2 spaces/alley | |
| Golf course | 2 spaces per hole | |
| Indoor recreation facilities (e.g., health/sport club, tennis club, swimming club, yoga studio, dance studio, etc.) | 1 space/4 persons based on maximum occupancy | |
| Outdoor recreation facilities (parks, playgrounds, ball courts, etc.) | 1 space/600 sq. ft. of usable recreational area | |
| Office Uses | ||
| General office use | 1 space/500 sq. ft. of GFA | |
| Medical |
7 spaces/practitioner, or 1 space/200 sq. ft. of GFA, whichever is greater
3 spaces per examination or treatment room, plus 1 space per employee on largest shift including doctor |
|
| Financial institutions | 3.5 spaces/1,000 sq. ft. of GFA | |
|
Retail Commercial
|
||
| Antique shop | 1 space/600 sq. ft. of GFA | |
| Bakery | Without tables/seating | 1 space/350 sq. ft. of GFA |
| With tables/seating | 1 space/250 sq. ft. of seating area | |
| Communications equipment sales (mobile/wireless telephones, satellite television dishes, computers, etc.) | 1 space/500 sq. ft. of GFA, plus 1 space/employee, based on largest shift | |
| Convenience store |
1 space/400 sq. ft. of GFA.
Storage space may be deducted from GFA |
|
| Fuel sales, service stations | Without convenience store; no servicing of vehicles | 1 space per 400 sq. ft. of office space |
| With convenience stores; no servicing of vehicles | 1 space/400 sq. ft. of GFA | |
| Furniture sales | Without storage/stockroom | 1 space/1,000 sq. ft. of GFA of showroom |
| General, retail sales (applicable where no other specific standard is set forth) | 3.5 spaces/1,000 sq. ft. of GFA. Storage space may be deducted from square footage. | |
| Grocery stores and pharmacies | 1 space/250 sq. ft. of GFA. Storage space may be deducted from GFA | |
| Hardware, paint store | 1 space/1,000 sq. ft. of GFA. Storage may be deducted from gross floor area. | |
| Home improvement center | 1 space/1,000 sq. ft. of GFA; plus 1 space for every 2 employees, based on largest shift, minimum 2 spaces | |
|
Motor Vehicle Uses
|
||
| Motor vehicles, sales of | With service facilities | 1 space/300 sq. ft. of GFA; plus 2 spaces per service bay |
| Without service facilities | 1 space/300 sq. ft. of GFA | |
| Motor vehicles, parts and equipment sales | Without service facilities | 3.5 spaces/1,000 sq. ft. of GFA |
| Motor vehicle service bays | 3 spaces per service bay | |
|
Consumer Services
|
||
| General standard | 1 space/275 sq. ft. of GFA of the use | |
| Car washes | All | 1.5 spaces/bay; plus 1 space per employee, based on largest shift |
| Hotel, motel, motor lodge | Generally | 1 space/guest room; plus additional spaces as required for other uses within the facility (e.g., restaurants, convenience stores, etc.) |
| Motor vehicles, repair and servicing of | Without sales | 1 space per 400 sq. ft. of office space. Spaces for cars to be repaired need not be striped. 2 spaces per service bay |
| Restaurants | Generally | 1 space/250 sq. ft. of seating area |
| Restaurant, drive-in (with seats) | 1 space per 125 sq. ft. of public floor area, 1 space per 400 sq. ft. of space not open to public; plus required stacking spaces | |
| Restaurants, drive-in (without seats) | 1 space per 60 sq. ft. of GFA; plus required stacking spaces | |
|
Industrial Uses
|
||
| Generally | 1 space/400 sq. ft. of GFA devoted to office space; plus 1 space/2 employees; plus 1 space for each company vehicle stored on site | |
| Industrial uses—75% or more devoted to long term storage (storage for periods longer than 30 days) | General standards apply; plus 1 space/2,500 sq. ft. of GFA | |
|
Additional Requirements
|
||
| Outdoor sales, display or service area for any use | In combination with all other requirements | 1 space per 2,000 sq. ft. of area devoted to such use |
| Outdoor storage; warehousing, for any use | In combination with all other requirements | 1 space per 5,000 sq. ft. of area devoted to such use |
(9-15-03(3); 6-6-05(2); 11-21-05)
(a)
The number of required spaces shall be computed as follows:
(1)
"Floor area" shall mean gross floor area of the referenced use or structure, unless otherwise specified.
(2)
Where fractional spaces result, the parking spaces required shall be computed to the nearest whole number.
(3)
The parking space requirements for a use not specifically mentioned in this chapter shall be the same as required for the most similar use mentioned.
(4)
When any lot or building is used for two (2) or more purposes, or contains two (2) or more types of spaces for which separate parking requirements are specified (e.g., areas with tables versus areas without tables; areas with service facilities versus areas without service facilities, etc.), the number of parking spaces required shall be the sum of the requirements for the various individual uses or areas, computed separately in accordance with this division, except as provided in section 34-974 (cooperative parking arrangements).
(b)
Certain reductions in the number of required parking spaces for a particular use shall be allowed, under the following circumstances:
(1)
When cooperative parking arrangements are shared by two (2) or more uses, as set forth within section 34-974 (cooperative parking arrangements).
(2)
Where a use is located within three hundred (300) feet of a bus stop on an existing city bus route, the number of parking spaces required for such use shall be reduced by: (i) four (4) spaces for uses located within the Downtown North, Downtown South, High Street, Central City, Neighborhood, and Cherry Avenue Corridor Mixed Use Districts, and within the McIntire/Fifth Street Residential Corridor District; or (ii) two (2) spaces for uses located within any other zoning districts. Where a use is located within three hundred one (301) to six hundred (600) feet of a bus stop on an existing city bus route, a similar reduction of spaces shall be granted, in an amount equal to one-half (½) of the number(s) specified in clauses (i) and (ii), above. Upon finding that a use is more than three hundred (300) feet away from a bus stop in an existing bus route, but that such use is located on the same block as the bus stop, the director of neighborhood development services may grant the reduction specified within clause (i), above.
(3)
Where bicycle lockers are provided on-site, the number of required off-street parking spaces shall be reduced by: (i) two (2) spaces for every five (5) lockers, for uses located within the Downtown North, Downtown South, High Street, Central City, Neighborhood, and Cherry Avenue Corridor Mixed-Use Districts, and within the McIntire/Fifth Street Residential Corridor District; or (ii) one (1) space for every five (5) lockers for uses located within any other zoning districts.
(4)
Where parking lots provide for clearly marked spaces for vans with three (3) or more occupants, such spaces shall count as three (3) parking spaces. These spaces shall be marked with a sign containing the conditions of the space use.
(5)
For non-residential uses, where on-site showers and locker rooms are available for use by employees, the number of required parking spaces may be reduced by four (4) spaces, for uses located within the Downtown North, Downtown South, High Street, Central City, Neighborhood, and Cherry Avenue Corridor Mixed-Use Districts, and within the McIntire/Fifth Street Residential Corridor Districts; or two (2) spaces for uses located within any other zoning districts.
(6)
The total number of required parking spaces may not be reduced as a result of any bonus(es) listed in paragraphs (1) through (5), above, by more than: (i) thirty-five (35) percent, for uses located within the Downtown North, Downtown South, High Street, Central City, and Neighborhood Commercial, Corridor Districts, and within the McIntire/Fifth Street Residential Corridor District; or (ii) twenty (20) percent, for uses located within any other zoning districts, provided that none of the bonuses listed in paragraphs (1) through (5) above may be applied to reduce the parking requirement specified within Article VI, Division 7, section 34-662(c) (reduced parking requirements for the Cherry Avenue Corridor District).
(9-15-03(3))
Off-street parking requirements shall not apply in the following circumstances:
(1)
For a single-family detached dwelling, if (i) the dwelling is not located on a corner lot, (ii) the lot on which the dwelling is located has no access to a public alley, and (iii) the lot has fewer than thirty (30) feet of front yard street frontage.
(2)
For single-family attached and two-family dwellings, if (i) the owner of the property has demonstrated the availability of adequate on-street parking; or (ii) the lot on which such dwelling is located cannot accommodate the required number of parking spaces.
(3)
For multi-family dwellings, commercial and industrial uses, and mixed-use developments, if (i) the use or structure is not located on a corner lot, (ii) the lot on which the use or structure is located has no access to a public alley, and (iii) the lot has fewer than forty (40) feet of front yard street frontage.
(9-15-03(3); 6-6-05(2); 7-16-12)
The purpose of outdoor lighting regulations is to protect the general welfare by controlling the spillover of light onto adjacent properties, and to protect the public safety by preventing glare from outdoor luminaires. These regulations regulate the direction of light emitted from certain luminaires, and limit the intensity of light on certain adjacent properties.
(9-15-03(3))
Except as provided in section 34-1005 (Exemptions), these outdoor lighting regulations shall apply to each outdoor luminaire installed or replaced after the date of the adoption of these regulations, where such luminaire is:
(1)
Is associated with a use for which a site plan is required, and is equipped with a lamp which emits three thousand (3,000) or more maximum lumens;
(2)
Located on property within a low-density residential zoning district and is associated with a use for which a site plan is not required, but is equipped with a high intensity discharge lamp, regardless of its maximum lumens.
(9-15-03(3))
For definitions of special terms utilized within this division, refer to Article X (Definitions), section 34-1200.
(9-15-03(3))
The following standards shall apply to each outdoor luminaire:
(a)
Each outdoor luminaire subject to these outdoor lighting regulations shall be a full cutoff luminaire.
(b)
Measurement of lumens
(1)
For each outdoor luminaire subject to these outdoor lighting regulations, the maximum number of lumens emitted by such luminaire shall be determined from the information provided by the manufacturer of the lamp including, but not limited to, information on the lamp or on the lamp's packaging materials.
(2)
The following rated lamp wattages shall be deemed to emit three thousand (3,000) or more maximum lumens, unless the zoning administrator determines, based upon information provided by a lamp manufacturer, that the rated wattage of a lamp emits less than three thousand (3,000) maximum lumens:
a.
Incandescent lamp: one hundred sixty (160) or more watts.
b.
Quartz halogen lamp: one hundred sixty (160) or more watts.
c.
Fluorescent lamp: thirty-five (35) or more watts.
d.
Mercury vapor lamp: seventy-five (75) or more watts.
e.
Metal halide lamp: forty (40) or more watts.
f.
High pressure sodium lamp: forty-five (45) or more watts.
g.
Low pressure sodium lamp: twenty-five (25) or more watts.
(3)
If a luminaire is equipped with more than one lamp, the lumens of the lamp with the highest maximum lumens shall determine the lumens emitted.
(c)
Height.
(1)
No outdoor luminaire situated outside of a public right-of-way and within or immediately adjacent to any low density residential district shall be mounted or placed at a location more than twelve (12) feet in height.
(2)
No outdoor luminaire shall be mounted or placed at a location that is more than twenty (20) feet in height.
(d)
The spillover light from luminaires onto public roads and onto property within any low-density residential district shall not exceed one-half (½) foot candle. A spillover shall be measured horizontally and vertically at the property line or edge of right-of-way or easement, whichever is closer to the light source.
(e)
All outdoor luminaires, regardless of the number of lumens, shall be arranged or shielded to reflect light away from adjoining low density residential districts.
(f)
Illumination levels shall be measured with a photoelectric photometer having a spectral response similar to that of the human eye, following the standards spectral luminous efficiency curve adopted by the Internal Commission on Illumination. Within developments subject to the requirement of a site plan, all outdoor luminaires shall be of a type and size to provide sufficient illumination of a facility for its safe use, consistent with the recommended practices adopted by the Illuminating Engineering Society of North America for that facility.
(9-15-03(3); 7-16-12)
An outdoor luminaire or system of outdoor luminaires required for an athletic facility may exceed the lumens and height standards in section 34-1003 to the minimum extent necessary to provide sufficient illumination of the facility for its safe use as determined by recommended practices adopted by the Illuminating Engineering Society of North America for that type of facility and activity.
(9-15-03(3); 7-16-12)
Editor's note— Ord. of July 16, 2012, repealed § 34-1004 which pertained to modification or waiver. Said ordinance also enacted provisions designated as a new § 34-1004 to read as herein set out. See also the Code Comparative Table.
The following outdoor lighting and related acts shall be exempt from the requirements of these regulations:
(1)
Lighting which is excluded from local regulation by state or federal law.
(2)
Construction, emergency or holiday decorative lighting, provided that the lighting is temporary, and is discontinued within seven (7) days of completion of the project, emergency or holiday for which the lighting was provided.
(3)
Lighting of the United States of America or Commonwealth of Virginia flags and other non-commercial flags expressing constitutionally protected speech.
(4)
Security lighting controlled by sensors and which provides illumination for fifteen (15) minutes or less.
(5)
The replacement of an inoperable lamp or component, which part of a luminaire that was installed prior to the date of adoption of this ordinance.
(6)
The replacement of a failed or damaged outdoor luminaire, which is one (1) of a matching group serving a common purpose.
(9-15-03(3))
(a)
The regulations set forth in this article or set forth elsewhere in this chapter and referred to in this article shall apply to all existing signs as well as to new signs and their alteration or modification.
(b)
For the purposes of this article, changing the message or content of an approved marquee, or other approved changeable copy sign, shall not be deemed an alteration or modification of such sign.
(2-19-08)
(a)
The purpose of this article is to establish reasonable regulations pertaining to the time, place and manner in which outdoor signs and window signs may be erected and maintained, in order to:
(1)
Promote the general health, safety and welfare, including the creation of an attractive and harmonious environment;
(2)
Protect the public investment in the creation, maintenance, safety and appearance of its streets, highways and other public areas;
(3)
Improve pedestrian and vehicular safety by avoiding saturation and confusion in the field of vision that could otherwise result if signs were not regulated as provided herein; and
(4)
Protect and enhance the city's attractiveness to residents, tourists and other visitors as sources of economic development.
(b)
The city council finds that the regulations in this article advance the significant government interests identified herein, and are the minimum amount of regulation necessary to achieve those interests.
(2-19-08)
Where this article differs in any manner from the provisions of the current Virginia Uniform Statewide Building Code, other provisions of this Code or any other ordinance or regulation of the city, the ordinance, code or regulation imposing the greatest restriction upon the use of any sign shall control.
(2-19-08)
The structural components of a sign (including, without limitation, lighting fixtures) shall be constructed, installed and maintained in accordance with the requirements of the current Virginia Uniform Statewide Building Code.
(2-19-08)
For definitions of the terms utilized within this division, refer to Article X (Definitions), section 34-1200.
(2-19-08)
(a)
No person shall erect, install, alter, modify, reface, re-hang or replace any sign within the city, without obtaining a permit pursuant to this article, provided that a permit shall not be required for the performance of regular maintenance.
(b)
An application for such a permit shall specify the type of sign to be constructed and the zoning district in which this sign is to be located and shall be accompanied with plans and specifications showing the location, dimensions, materials, lighting and details of construction. The application shall contain photographs and sizes of all existing signs on the building or parcel and the written consent of the owner or lessee of the land or building upon which the sign is to be erected.
(c)
Applications for sign permits shall be submitted to the city's zoning administrator, and shall be accompanied by the required application fee, as set forth within the most recent zoning fee schedule approved by city council. Permits are issued as followed:
(1)
For new construction within any of the city's architectural design control and entrance corridor districts, such permit shall take the form of a certificate of appropriateness issued by the board of architectural review and the planning commission, respectively.
(2)
For all other signage within any of the city's architectural design control and entrance corridor districts, such permit shall take the form of a certificate of appropriateness issued administratively by the director. Appeals from decisions of the director shall be taken to the board of architectural review and the planning commission, respectively.
(3)
Within all other districts, the required permit shall be issued by the zoning administrator. No permit shall be issued by the zoning administrator except upon a determination that a proposed sign is in conformity with the requirements of this article and, where applicable, in conformity with the requirements of an approved site plan for the property upon which the sign is to be placed. Appeals from decisions of the zoning administrator shall be taken to the city's board of zoning appeals.
(d)
A sign permit shall become null and void if the use to which it pertains is not commenced within six (6) months after the date the sign permit is issued. Upon written request and for good cause shown, the zoning administrator may grant one (1) six-month extension.
(e)
The zoning administrator shall revoke a sign permit if the sign does not comply with applicable regulations of this article.
(2-19-08)
(a)
A person shall not erect, install, alter, modify, reface, re-hang or replace over public property any sign for which a permit is required under the provisions of this article until the sign owner presents satisfactory evidence that a public liability insurance policy with a minimum of three hundred thousand dollars ($300,000.00) single limit coverage is in force during the term of this permit.
(b)
Such insurance policy shall protect and save the jurisdiction members from any and all claims or demands for damages by reason of any negligence of the sign hanger, contractor or agents, or by any reason of defects in the construction or damages resulting from the collapse, failure or combustion of the parts thereof.
(c)
The obligation herein specified shall remain in force and effect during the life of every sign and shall not be cancelled by the principal or surety until after a thirty-day notice to the zoning administrator, after which time the sign must be immediately removed.
(2-19-08)
Regardless of the zoning district in which they are located, no permit shall be required for the following signs, if they are erected, installed, and maintained in accordance with applicable requirements of this article:
(1)
Signs not exceeding four (4) square feet in area which advertise for sale or rental the land or building upon which such signs are located. Such signs shall not be illuminated and shall not be more than four (4) feet in height.
(2)
Professional name plates or plaques, not exceeding one (1) square foot in area, affixed to the wall of a building.
(3)
Signs not over twenty-five (25) feet in area identifying municipal or governmental buildings and offices or buildings used for religious purposes, when erected upon the building or land upon which such building is located.
(4)
Commemorative plaques, historical markers, memorial signs, monumental inscriptions or tablets as approved by the city's board of architectural review where required. No such sign shall exceed fifteen (15) square feet.
(5)
Signs denoting the architect, engineer or contractor when placed at a construction site. Such signs shall not be illuminated and shall not exceed an area of sixteen (16) square feet, nor shall they remain standing after construction has been completed.
(6)
Traffic, utility, municipal, legal notice, directional, informational signs, railroad crossing signs, danger, safety, temporary or emergency signs and holiday decorations or signs/banners across a public right-of-way when erected, established or required by a public authority or by the city manager.
(7)
Signs not exceeding six (6) square feet in area designating entrances, exits or conditions of use for parking lots (including, without limitation, any handicapped parking spaces), or providing similar, non-commercial information, when such signs are required by any public authority.
(8)
Subdivision or housing development signs, provided that such signs do not exceed six (6) feet in height and are less than twenty-five (25) square feet in area. No such sign shall contain information other than the name of the residential development.
(9)
On a property used for residential purposes, signs identifying a single-family dwelling, its occupant, or its location, or a home professional office (but not a home occupation) not exceeding one (1) square feet in area.
(10)
"No trespassing" signs, and similar signs posted for security or warning purposes, not exceeding one (1) square foot.
(11)
Political signs.
(12)
Flags flying from a flagpole, where no more than three (3) flags are displayed at any one (1) time, no individual flag exceeding fifty (50) square feet in area.
(13)
Signs indicating the hours of operation for a business (other than a home occupation), where located in the window of a business and not in excess of two (2) square feet.
(14)
Signs containing the words "Private drive," not exceeding two (2) square feet, limited to one (1) sign per entrance drive.
(15)
Signs requested and approved as part of a provisional use permit.
(16)
Official notices or advertisements posted according to statutory notice or other advertising requirements imposed by law by any public, local or state official, or court officer or any trustees under deeds of trust or other similar instruments.
(17)
No more than two (2) "entrance" or "exit" signs at each vehicular entrance to and exit from a parking lot, not to exceed two (2) square feet each. Signs specifying parking restrictions, not to exceed three (3) square feet each, may be affixed to a wall and located no less than twenty-five (25) feet apart. The signs may be freestanding if no larger than two (2) square feet, located on the perimeter of a parking lot no less than twenty-five (25) feet apart, and at a height no greater than four (4) feet.
(18)
Window signs, provided they do not obscure more than fifty (50) percent of the total glazed area on each facade of the building.
(19)
Café signs, used for the purpose of café identification or the display of menus, may be located within the boundaries of an outdoor café or attached to the café bollards or supports. Café signs shall be no taller than five (5) feet in height and the sign face shall have an area no greater than three (3) square feet in area per side. A business may be permitted to have a café sign or a sandwich board sign, but not both.
(2-19-08; 7-20-09(3))
(a)
The city manager or his designee may place or cause to be placed signs in the public right-of-way and in or upon any public property.
(b)
The city manager or his designee may authorize the temporary placement of a banner over or within a public right-of-way, pursuant to the regulations duly enacted by the city manager.
(2-19-08)
The following signs and sign characteristics are prohibited in all zoning districts, unless otherwise provided within this article:
(a)
Signs that violate state or federal law are prohibited, including, but not limited to:
(1)
Signs that violate any law of the Commonwealth of Virginia related to outdoor advertising, including, but not limited to Virginia Code §§ 33.1-351 to 33.1-381, inclusive, and § 46.2-831, related to Virginia byways or scenic highways; or related to the state building or fire codes.
(2)
Signs that violate any law of the United States related to the control of outdoor advertising, including, but not limited to 23 U.S.C. § 131.
(b)
Signs that create safety hazards or are contrary to the general welfare are prohibited, as follows:
(1)
Any sign that is nailed, tacked, painted or in any other manner attached to any tree, cliff, fence, utility pole or support, utility tower, telecommunications or radio tower, curbstone, sidewalk, lamp post, hydrant, bridge, or any kind of public property; provided that this provision will not affect traffic, parking or informational signs placed by a public authority.
(2)
Any sign on public land or right-of-way, other than those erected at the direction of a public authority, or by an official of the state or county pursuant to statute or ordinance, and those otherwise authorized by this article.
(3)
Any sign attached to, rather than printed on, an awning which is not a marquee.
(4)
Any sign that moves or contains or consists of a searchlight, beacon, strobe light, flashing lights or similar form(s) of illumination; provided that this provision will not affect traffic, parking or informational signs placed by a public authority.
(5)
Any off-premises sign, whether commercial or non-commercial. Where the owner or lessor of the premises is seeking a new tenant, signs relating to the activities of the previous tenant may remain in place for not more than thirty (30) days from the date of vacancy.
(6)
Any sign that creates a public safety hazard, as determined by the fire code official, the building code official, a law enforcement officer, the city engineer, the zoning administrator, or the city's traffic engineer including, without limitation: signs erected in a location so as to be unsafe or an obstruction to vehicular, bicycle or pedestrian traffic; a sign that prevents egress or ingress from a required door, window or fire escape; a sign that obstructs ventilation; or a sign that imitates an official traffic sign, signal or road name sign.
(7)
Any sign that obscures a sign displayed by a public authority.
(8)
Any sign that produces sound, odor, liquid or visible matter such as smoke or vapor.
(9)
Roof signs.
(10)
Any portable sign.
(11)
Any sign consisting of a moored balloon, or other type of tethered floating sign or inflatable sign.
(12)
Window signs that obscure more than fifty (50) percent of the total glazed area on each facade of the building.
(c)
Signs on or within a vendor stand, other than a price sign and a sign or logo identifying the name of the vendor or the product being sold. No sign permitted on a vendor stand shall be greater than two (2) square feet in area.
(d)
Any sign erected, posted or maintained in violation of subsection (b)(2) above is hereby declared and deemed to be a public nuisance, subject to immediate removal by City employees authorized by the Director of Neighborhood Development Services.
(2-19-08)
Any sign authorized in this chapter is allowed to contain noncommercial copy in lieu of other copy.
(2-19-08)
(a)
A principal establishment may have no more than two (2) signs per primary street frontage, and one (1) additional sign for each linking street frontage, except where district regulations are more restrictive, or if these limits are varied by an approved comprehensive signage plan (section 34-1045). For purposes of calculation of the number of signs permitted per establishment, only one (1) street frontage shall be designated as primary street frontage. Signs for which a permit is not required shall not be counted in calculating the number of allowed signs.
(b)
Shopping centers shall be permitted one (1) freestanding sign per street frontage. In addition, individual shops and businesses in shopping centers may have one (1) wall sign per establishment equal to one (1) square foot of signage per linear foot of establishment frontage, maximum fifty (50) square feet.
(2-19-08)
(a)
Aggregate area limitations: The total area of all signs allowed on one (1) parcel shall not exceed the following, unless as otherwise approved within a comprehensive signage plan:
| Zoning District | Aggregate Area Limitation |
| Residential (non-dwelling uses) | 12 square feet |
| ADC Districts: N. Downtown; Wertland St; Ridge St; Oakhurst Circle; Rugby Road | 12 square feet |
| ADC Districts: Downtown; the Corner | 50 square feet |
| ADC Districts: West Main Street | 75 square feet |
| Entrance Corridors | 75 square feet |
| Mixed Use Corridors | 100 square feet |
| B1, B2, B3, M1, IC | 150 square feet |
(b)
Any signs erected, installed or maintained in accordance with section 34-1027 and any temporary signs placed pursuant to section 34-1038(h) shall not be included in the calculation of the aggregate area limitation for each parcel.
(2-19-08)
The following method shall be utilized in the calculation of sign area: For irregularly-shaped signs, area is measured by up to eight (8) straight, intersecting lines.
(a)
The maximum sign area expressed in square footage shall refer to the area of one (1) sign face. Sign area shall be measured as the smallest area enclosing the limits of all individual channel letters, and any figures, designs, devices, pictures, projected images, symbols, fixtures, logos, emblems or insignias that accompany the channel letters. Otherwise, a sign shall be measured together with any materials or colors forming an integral part of the background of the sign face or used to differentiate the sign from the backdrop or structure against which it is placed.
(b)
Sign area shall not include any supporting framework, bracing or decorative fence or wall, when such support otherwise complies with the regulations of this article and is clearly incidental to the sign itself.
(c)
For signs having two (2) faces, the total area of the sign shall be calculated as follows: Where the two (2) sign faces are separated by an interior angle of more than forty-five (45) degrees then both sign faces combined shall not exceed the applicable aggregate area limitation.
See illustrations below:
(2-19-08)
(a)
When exposed incandescent lamps are used to illuminate signs, they shall be equipped with gooseneck reflectors or other devices arranged so as to concentrate the illumination upon the area of the sign and to prevent glare. Special attention shall be given to illumination so as to avoid glare upon adjoining residential properties.
(b)
Each outside lighting installation and each illuminated sign shall be controlled by a time switch or externally operable switch which will open all underground conductors and shall be suitable for conditions of installation, such as exposure to the weather. In no case shall the illumination for any sign be directed toward any residential district or toward any adjacent street.
(c)
Exterior illumination of signs shall comply with applicable provisions of sections 34-1000, et seq. of this article (outdoor lighting).
(2-19-08)
The owner of a sign shall be required to keep such sign properly maintained at all times, in accordance with the following standards:
(1)
All materials used in the sign shall be kept in good condition, free of holes, rotting, peeling paint and other forms of decay.
(2)
If the sign is illuminated, all lighting shall be maintained in working order.
(3)
The zoning administrator shall have the authority to order the removal, without compensation, of any sign or sign structure that due to neglect or damage poses a clear danger to the health, safety and welfare of the public.
(4)
In lieu of removal, the zoning administrator may require the immediate repair of any sign or sign structure which has been damaged or which has deteriorated so as to become a public hazard.
(2-19-08)
(a)
Normal maintenance of a legal nonconforming sign, including changing of copy, nonstructural repairs, and incidental alterations which do not extend or intensify the nonconforming features of the sign, shall be permitted. However, no structural alteration, enlargement, or extension shall be made to a legal nonconforming sign unless the alteration, enlargement, or extension will result in elimination or reduction of the nonconforming features of the sign.
(b)
Should any legal nonconforming sign be damaged by any means to an extent of fifty (50) percent or more of its replacement cost at the time of damage, it shall not be reconstructed except in conformity with the provisions of this article. In the event damage or destruction of the sign is less than fifty (50) percent of its replacement cost at that time, the sign may be rebuilt to its original condition and may continue to be displayed.
(c)
When any legal nonconforming sign is replaced or consolidated, the maximum total sign surface area of the replacement or consolidated sign shall be:
(1)
Thirty (30) percent less than the total sign surface area of the signs being replaced or consolidated, provided that existing sign area for a wall sign cannot count toward a new freestanding or projecting sign; no new freestanding or projecting sign can be larger than the largest freestanding or projecting sign being removed; and, no new wall sign can be larger than the largest wall sign to be removed, or
(2)
The area permitted as set forth in this article, whichever is greater.
(2-19-08)
Any sign that is hereafter unlawfully installed or maintained, and any nonconforming sign (other than billboards) associated with any business or use that has been vacant for two (2) years or more, shall be taken down and removed by the owner, owner's agent or other person having the beneficial use of the premises upon which such sign is found, within thirty (30) days after written notification to do so from the zoning administrator. Upon failure to comply with such notice within the time specified, the zoning administrator may cause the removal of such sign; thereafter, any expenses incident to such removal shall be paid by the owner, owner's agent or other person having the beneficial use of the premises from which the sign was removed.
(2-19-08)
(a)
Awning or canopy sign.
(1)
All lettering and images comprising any portion of an awning or canopy sign shall be located on the face of the awning or canopy, parallel to the building, and may not project above or below the face.
(2)
No portion of an awning or canopy sign shall project over any public right-of-way (including, without limitation, any public sidewalk), except as may be allowed pursuant to section 34-1026, Public Liability Insurance.
(3)
Unless otherwise provided within this article:
a.
No part of any awning or canopy containing a sign shall extend above the height of the bottom sill of any second story window of the building facade to which it is attached. If such sill height is less than the height specified below, then the lesser of the two (2) heights shall govern.
b.
No part of any awning or canopy shall be lower than eight (8) feet from grade, or as required by the most recently adopted building code.
c.
No awning or canopy sign shall have an area greater than one (1) square foot per linear foot of awning/canopy, maximum twenty (20) square feet.
(b)
Freestanding signs.
(1)
All freestanding signs shall be located in a landscaped base.
(2)
Unless otherwise provided within this article:
a.
No freestanding sign shall exceed a height of twenty-five (25) feet from grade.
b.
No single sign face of any freestanding sign shall have an area greater than thirty (30) square feet.
(3)
Only one (1) sign per parcel as designated in the city real property tax maps may be freestanding or projecting.
(c)
Marquee signs.
(1)
Signs on marquees for establishments other than theaters shall not exceed twenty (20) square feet on any side or front section of the marquee. Signs may extend above the top of the marquee on which they are located, provided that the vertical dimension of the marquee and sign, together, does not exceed five (5) feet. If such signs are illuminated, exposed light sources shall not be used.
(2)
Signs may be mounted or located underneath a marquee, subject to the following restrictions:
a.
There shall be only one (1) sign for each entrance to an establishment.
b.
Such signs shall not exceed twelve (12) inches in depth, with not more than an additional three (3) inches in depth to include the supports and hangers attaching the sign to the marquee.
c.
If such signs are illuminated, the illumination shall be by interior lighting only, subject to the interior lighting restrictions as set forth in this chapter.
(3)
Theatre marquees including readerboards shall not exceed five (5) feet in the vertical dimension. Such signs may extend above the top of the marquee; provided, the vertical dimension of the structure, including both marquee and sign, shall not exceed five (5) feet. If such signs are illuminated, exposed light sources shall not be used.
(4)
Unless otherwise provided within this article:
a.
No marquee sign shall exceed an area of sixty (60) square feet including all faces of the sign.
b.
No part of any marquee shall be lower than ten (10) feet from grade.
(5)
The height standards set forth in this section for marquees located within architectural design control or entrance corridor districts may be modified by the BAR or ERB, as appropriate.
(d)
Monument signs.
(1)
All monument signs shall be located in a landscaped bed.
(2)
The sign area of a monument sign shall be measured as the entire surface area containing information, excluding the structure.
(3)
The size of the structure shall be incidental to the size of the sign itself.
(4)
Unless otherwise provided within this article:
a.
No monument sign shall exceed a height of six (6) feet.
b.
No monument sign shall exceed an area of twenty-four (24) square feet.
(e)
Pole mounted signs.
(1)
All pole signs shall be located in a landscaped bed.
(2)
Unless otherwise provided within this article:
a.
No pole mounted sign shall exceed a height of twelve (12) feet.
b.
No pole mounted sign shall exceed an area of twelve(12) square feet including all faces.
(f)
Projecting signs.
(1)
Projecting signs are allowed only on buildings having eighteen (18) feet or more of frontage along a public right-of-way.
(2)
No projecting sign shall project more than three and one-half (3½) feet beyond the facade of the building to which it is attached. All such signs shall be mounted at a ninety-degree angle to the building facade. No such sign shall project over any public right-of-way (including, without limitation, any public sidewalk), except as may be allowed pursuant to section 34-1026 (Public liability insurance).
(3)
No part of any projecting sign shall extend above the height of the bottom sill of any second story window of the building facade to which the sign is attached. If such sill height is less than the height specified below, then the lesser of the two (2) heights shall govern.
(4)
In any case:
a.
No projecting sign shall exceed a height of twenty-five (25) feet from grade.
b.
No part of a projecting sign shall be lower than eight (8) feet from grade, or as required by the most recently adopted building code.
c.
No projecting sign shall exceed an area of thirty (30) square feet.
(5)
Only one (1) sign per parcel as designated in the city real property tax maps may be freestanding or projecting.
(g)
Sandwich board signs.
(1)
Sandwich board signs are permitted subject to the conditions set out in this section.
(2)
One (1) sandwich board sign, limited to two (2) faces, may be located on property occupied by a lawful use in any zoning districts allowing commercial uses. Only one (1) such sign shall be allowed per city tax map parcel.
(3)
Such sign shall not exceed a height of four (4) feet, or an area of eight (8) square feet per sign face.
(4)
Such sign shall allow for at least a thirty-six (36) inch wide clearance if placed within any public pedestrian Right-of-way.
(5)
Such sign may not be illuminated.
(6)
No sandwich board sign shall be located in any required off-street parking space, driveway, alley or fire lane.
(7)
Businesses fronting on the downtown pedestrian mall may place a sandwich board sign on the mall immediately in front of their place of business, and on top of the drain channel that runs parallel to the building facades. Businesses fronting on each side street leading from the Downtown Mall to either Water Street or Market Street, fronting on West Main Street from Ridge-McIntire to 13th Street, NW, and fronting on the "Corner" district along University Avenue from 13th Street, NW to Chancellor Street and along Elliewood Avenue and 14th Street, NW from University Avenue to Wertland Street may place a sandwich board sign immediately adjacent to their property, provided that:
a.
The sign is removed during non-business hours
b.
The sign is no wider than twenty-four (24) inches and allows for a minimum of thirty-six (36) contiguous inches of open sidewalk space;
c.
The person placing the sign first agrees to indemnify the city against any liability arising from the placement of such a sign; and
d.
No more than one (1) such sign shall be allowed per city tax map parcel.
(8)
No sandwich board sign may be placed in an architectural design control or entrance corridor district unless it is first approved by the board of architectural review or planning commission, respectively, in the case of new construction, or by the director, in all other cases.
(h)
Temporary signs. Temporary signs not over thirty-two (32) square feet (not over ten (10) square feet in an ADC District) are permitted. Signs for temporary events, sales or special promotions may not be erected more than one month before the event or activity and shall be removed within forty-eight (48) hours of its conclusion. In no case shall any establishment display temporary signs for a cumulative period of time longer than two (2) months in any calendar year. There shall be no more than one (1) temporary sign per establishment at any time.
(i)
Wall signs.
(1)
No use or establishment, residential or non-residential, may have a wall sign unless that use or establishment has its own direct entrance from the outside of the building or is otherwise specifically provided for elsewhere within this chapter. All wall signs for a single building shall be coordinated as to color and lettering. No wall sign shall cover, cross or otherwise hide any column, belt course or other decorative architectural feature of a building, including any balcony.
(2)
No part of any wall sign may project more than one (1) foot outward from the facade of the building to which it is attached.
(3)
No part of any wall sign may project above the height of the bottom sill of any second story window of the building facade to which it is attached. If such sill height is less than the height specified below, then the lesser of the two (2) heights shall govern.
(4)
In any case:
a.
No wall sign shall exceed a height of twenty (20) feet.
b.
No wall sign shall exceed an area of one hundred (100) square feet.
(2-19-08; 7-20-09(3); 7-16-12)
In addition to other applicable regulations set forth within this article, the following regulations shall govern signs within any mixed-use corridor district, except as otherwise approved with an optional comprehensive sign plan:
(a)
Number and type of signs. Each establishment may have up to two (2) signs, subject to the following considerations:
(1)
Where more than one (1) establishment is located on a single parcel, in addition to the signs allowed for each there also may be one (1) wall-mounted directory sign (fifteen (15) square feet, maximum) per building.
(2)
No building or parcel may have both a projecting and a monument sign, or more than one (1) monument sign.
(b)
Size limitations, by sign type:
(1)
Awning/canopy signs: One (1) square foot of awning/canopy per linear foot of frontage, maximum twenty (20) square feet.
(2)
Freestanding signs: One (1) square foot per linear foot of lot frontage; maximum height, ten (10) feet; maximum area, thirty (30) square feet.
(3)
Marquee signs: One (1) square foot per linear foot of building frontage, maximum sixty (60) square feet.
(4)
Monument signs: One (1) square foot per linear foot of building frontage, maximum height six (6) feet; maximum area twenty-four (24) square feet.
(5)
Pole mounted signs: One (1) square foot per linear foot of lot frontage; maximum height, eight (8) feet; maximum area, twelve (12) square feet.
(6)
Projecting signs: One (1) square foot per linear foot of building frontage, maximum thirty (30) square feet.
(7)
Wall signs: One (1) square foot per linear foot of building frontage, maximum one hundred (100) square feet.
(c)
Mixed-use buildings:
(1)
Where fifty (50) percent or more of the gross floor area of a building consists of residential uses:
a.
One (1) development sign shall be allowed, not to exceed an area of twenty-five (25) square feet, and the aggregate area of all signs for ancillary non-residential uses or establishments shall not exceed sixty (60) square feet.
b.
No wall sign may exceed thirty (30) square feet.
(2)
Where less than fifty (50) percent of the gross floor area of a building consists of residential uses:
a.
No lot or parcel of land may contain both a projecting sign and a monument sign, or more than one (1) monument sign.
b.
Only one (1) sign per non-residential use shall be allowed. In addition, there may be one (1) wall-mounted directory sign for each mixed-use building, not to exceed fifteen (15) square feet.
c.
No wall sign may exceed fifty (50) square feet.
d.
The aggregate area of all signs for one (1) building shall not exceed one hundred (100) square feet.
e.
For buildings subject to review by the board of architectural review or ERB (pursuant to Article II, Divisions 2 or 3), the reviewing authority may, as part of an application for a certificate of appropriateness, require a single wall-mounted building sign in lieu of individual wall signs. No such building sign shall exceed one hundred (100) square feet. (3) Where a single building or parcel contains a mixture of commercial and industrial uses, one (1) monument sign may be located at each major entrance, to identify the name and street address of the building or development. No such sign shall exceed an area of forty (40) square feet.
(2-19-08)
In addition to other applicable regulations set forth in this article, the following regulations shall apply to establishments located within the downtown and university corner architectural design control districts (reference section 34-272) except as approved with an optional comprehensive sign plan.
(a)
Freestanding and monument signs shall not be permitted.
(b)
Pole signs may be permitted with board of architectural review approval.
(c)
Internally lit signs and neon signs shall not be permitted.
(d)
One (1) projecting sign is permitted for each separate storefront fronting on a public right-of-way at ground level.
(e)
No single sign face of any projecting sign shall have an area greater than ten (10) square feet.
(f)
Projecting signs shall have a projection of not more than thirty-six (36) inches beyond the facade of the building to which it is attached, except marquees, which shall be subject to regulations as provided in section 34-1038(c).
(g)
One (1) additional projecting sign may be permitted for a doorway entrance that provides primary access to a business located on an upper floor or basement level.
(h)
The character of all signs shall be harmonious to the character of the structure on which they are to be placed. Among other things, consideration shall be given to the location of signs on the structure in relation to the surrounding buildings; the use of compatible colors; the use of appropriate materials; the size and style of lettering and graphics; and the type of lighting.
(i)
Except in the case of new construction, all signs in this district shall be subject to administrative review by the director of neighborhood of development services, with appeals to the board of architectural review. The board of architectural review shall review all signs for new construction.
(j)
A sign may be attached to an existing freestanding or projecting sign. In the case of a building on a site with more than one (1) street frontage or more than one (1) principal entrance, one (1) additional freestanding or projecting sign per additional street frontage or principal entrance is permitted.
(k)
Notwithstanding any contrary provisions of this article, the restoration or reconstruction of an original sign associated with a protected property is permitted, if the establishment identified in the sign is still in operation at that location.
(2-19-08; 7-16-12)
In addition to other applicable regulations set forth within this article, the following regulations shall apply to certain signs within the West Main Street Architectural Design Control district (see section 34-272), except as approved with an optional comprehensive sign plan:
(a)
One (1) projecting sign is permitted for each separate storefront fronting on a public right-of-way at ground level. One (1) additional projecting sign may be permitted for a doorway entrance that provides primary access to a business located on an upper floor or basement level.
(b)
No single sign face of any projecting sign shall have an area greater than ten (10) square feet.
(c)
Projecting signs shall have a projection of not more than thirty-six (36) inches beyond the facade of the building to which it is attached, except marquees, which shall be subject to regulations as provided in section 34-1038(c).
(d)
No internally lit signs, except internally lit channel letters, or neon signs shall be permitted.
(e)
The character of all signs shall be harmonious to the character of the structure on which they are to be placed. Among other things, consideration shall be given to the location of signs on the structure in relation to the surrounding buildings, the use of compatible colors, the use of appropriate materials, the size and style of lettering and graphics, and the type of lighting.
(f)
Except in the case of new construction, all signs in this district shall be subject to administrative review by the director neighborhood development, with appeals to the board of architectural review. The board of architectural review shall review all signs for new construction.
(g)
Notwithstanding any contrary provisions of this article, the restoration or reconstruction of an original sign associated with a protected property is permitted, if the establishment identified in the sign is still in operation at that location.
(2-19-08; 7-16-12)
In addition to other applicable regulations set forth in this article, the following regulations shall apply to establishments located within the North Downtown, Wertland Street, Ridge Street, Oakhurst Circle, and Rugby Road architectural design control districts (reference section 34-272), except as approved with an optional comprehensive sign plan:
(a)
The total area of all signs permitted for any establishment shall not be greater than twelve (12) square feet.
(b)
No single wall sign shall have an area greater than six (6) square feet.
(c)
Freestanding signs other than pole signs shall not be permitted.
(d)
The character of all signs shall be harmonious to the character of the structure on which they are to be placed. Among other things, consideration shall be given to the location of signs on the structure in relation to the surrounding buildings, the use of compatible colors, the use of appropriate materials, the size and style of lettering and graphics, the type of lighting, and whether an original sign associated with a protected property is being restored or reconstructed.
(e)
Except in the case of new construction, all signs in this district shall be subject to administrative review by the director of neighborhood development, with appeals to the board of architectural review. The board of architectural review shall review all signs for new construction.
(f)
Notwithstanding contrary provisions herein, a sign may be attached to an existing pole or projecting sign or, in the case of a building on a site with more than one (1) street frontage or more than one (1) principal entrance, one (1) additional pole or projecting sign per additional street frontage or principal entrance is permitted.
(g)
No internally lit signs or neon signs shall be permitted.
(h)
Notwithstanding any contrary provisions of this article, the restoration or reconstruction of an original sign associated with a protected property is permitted, if the establishment identified in the sign is still in operation at that location.
(2-19-08; 7-16-12)
In addition to other applicable regulations set forth within this article, the following sign regulations shall apply within the city's entrance corridor districts (see section 34-307), except as approved within an optional comprehensive sign plan:
(a)
The aggregate sign areas allowed for projecting and wall signs shall be reduced to one-half (½) of the allowances that would be applicable outside an entrance corridor district.
(b)
Wall signs shall be limited to twenty (20) feet in height above grade.
(c)
Monument signs not exceeding six (6) feet in height and twenty-four (24) square feet per face may be placed within one hundred (100) feet of the edge of the right-of-way of an entrance corridor street, provided that they do not obstruct visibility at any intersection or entrance. No other freestanding signs shall be permitted within one hundred (100) feet of the edge of the right-of-way of an entrance corridor street.
(d)
No freestanding sign shall exceed a height of twenty-five (25) feet, or the height of the use or establishment it serves, whichever is less.
(e)
The character of all signs shall be harmonious to the character of the uses, buildings and structures with which they are associated. Among other things, consideration shall be given to the location of signs on the structure in relation to the surrounding buildings; the use of compatible colors; the use of appropriate materials; the size and style of lettering and graphics; and the type of lighting.
(f)
Internally signs, when permitted, shall have an opaque background.
(2-19-08)
(a)
For a proposed development subject to site plan review, and for any development that is subject to architectural review under Article II, Divisions 2, 3, or 5 of this chapter, city council may modify requirements of this division by approving a comprehensive signage plan for such development or project.
(b)
For the purposes of this section, the term "comprehensive signage plan" refers to a written plan detailing the type, quantity, size, shape, color, and location of all signs within the development that is the subject of the plan, where the number, characteristics and/or locations of one (1) or more signs referenced within the plan do not comply with the requirements of this division.
(c)
City council may approve a comprehensive signage plan, upon a determination that:
(1)
There is good cause for deviating from a strict application of the requirements of this division, and
(2)
The comprehensive signage plan, as proposed, will serve the public purposes and objectives set forth within section 34-1021 of this division at least as well, or better, than the signage that would otherwise be permitted for the subject development.
(d)
Applications for approval of a comprehensive signage plan shall be submitted in writing to the director of neighborhood development services, and shall be accompanied by the required application fee, as set forth within the most recent zoning fee schedule approved by city council.
(e)
Each application for approval of a comprehensive signage plan shall include the following information:
(1)
A written narrative description of the overall plan, including, without limitation: a tally of the total number of signs included within the coverage of the plan, and a summary of how the applicant believes the comprehensive signage plan will serve the objectives set forth within section 34-1021;
(2)
A color illustration or photograph of each sign included within the plan. For signs with multiple faces, an illustration or photograph shall be provided for each face. For monument and pole signs, an illustration or photograph of proposed landscaping shall be provided;
(3)
A written description of the type, size (dimensions), materials, and proposed location of each sign;
(4)
A map or other written identification and description of all existing signs on the property comprising the proposed development;
(5)
Color illustrations or photographs of signage existing on adjacent properties;
(6)
A written description (and illustration or photograph) of proposed lighting (for illuminated signs).
(2-19-08; 7-16-12)
Editor's note— Ord. of July 20, 2009(3), repealed § 34-1046, which pertained to Downtown mall wayfinding signs—Special regulations. See also the Code Comparative Table.
The purpose and intent of this division is to provide regulations that will serve the interests of the public necessity, convenience, general welfare and good zoning practice, by ensuring that residents, businesses and public safety operations within the City of Charlottesville have reliable and convenient access to communications networks, while also ensuring a convenient, attractive and harmonious community; protection against destruction of or encroachment upon historic areas; and encouragement of economic development. The provisions of this division are also intended to ensure that the placement, construction or modification of wireless telecommunications facilities complies with all applicable federal laws, including, without limitation, Section 6409 of the federal Middle Class Tax Relief and Job Creation Act of 2012.
(Ord. of 9-6-16, § 2)
For definitions of special terms utilized within this division, refer to Article X (Definitions), section 34-1200.
(Ord. of 9-6-16, § 2)
(a)
Communications facilities that were legally permitted on or before the date this ordinance was enacted, but which do not conform to current zoning regulations, shall be considered lawful, nonconforming uses.
(b)
A collocation shall not be construed as an expansion, enlargement or increase in intensity of an existing nonconforming tower or base station, provided that the collocation does not involve any substantial change.
(c)
City Council may, by special use permit, authorize a substantial change of a nonconforming tower or base station.
(Ord. of 9-6-16, § 2)
(a)
Within the city's historic and entrance corridor overlay districts attached communications facilities that are visible from any adjacent street or property are prohibited; provided, however, that by special use permit, city council may authorize such facilities on a specific lot.
(b)
In the event of a conflict between the provisions of this section and the provisions of the use matrix for any applicable zoning district, the provisions of this section shall govern.
(Ord. of 9-6-16, § 2)
(a)
Where attached communications facilities are permitted within a zoning district, the total height of the communications facility (including the attachment structure, antenna and any attachment device(s)) shall not be more than twenty (20) feet greater than the original height of the attachment structure, and:
(1)
No part of any antenna or attachment device shall be lower than (i) the level of the floor of the second story of the building that serves as the attachment structure, or (ii) fifteen (15) feet measured from grade level, whichever is greater; and
(2)
In cases where an appurtenance (as defined in City Code section 34-1200) is utilized as an attachment structure, no part of any antenna or attachment device may project above the top of the appurtenance.
(b)
The following restrictions shall apply to freestanding communications facilities, wherever located:
(1)
Where a support structure is used by and for a single antenna, maximum height shall not exceed seventy (70) feet.
(2)
Where a support structure is used by and for two (2) co-located antennas, then maximum height shall not exceed one hundred (100) feet.
(3)
Where a support structure is used by and for three (3) or more co-located antennas, then maximum height shall not exceed one hundred fifty (150) feet.
(4)
The height of a freestanding communications facility shall be determined by the number of antennas for which binding commitments can be demonstrated at the time of approval. No freestanding communications facility shall be permitted to be constructed when the number of antennas that may be installed on it is speculative at the time of any approval.
(c)
By special use permit, city council may modify paragraphs (a) or (b)(1)—(3), above.
(d)
When an application involves or proposes a change in the height of any communications facility, the change in height will be measured from the original support structure, in cases where deployments are or will be separated horizontally (such as on the rooftop of a building); in other circumstances, changes in height will be measured from the dimensions of the tower or base station—inclusive of originally-approved appurtenances and any modifications that were approved prior to the passage of the federal Spectrum Act (P.L. 112-96, signed February 22, 2012).
(Ord. of 9-6-16, § 2)
(a)
All communications facilities shall comply with the minimum setback and yard requirements of the zoning district in which they are located.
(b)
Each tower and base station shall be set back from all property lines a distance equal to its engineered fall zone.
(c)
No above-ground portion of any freestanding communications facility shall project into a required setback more than the maximum projection permitted in the zoning districts in which the facility or antenna is located. Any communications facility that projects over a public right-of-way shall have a minimum clearance of sixteen (16) feet six (6) inches, and is subject to city council's approval of a right-of-way use agreement for the facility itself, or for the structure to which it is attached.
(d)
Where monopole tower, lattice tower or other self-supporting tower support structures are permitted, either by right or by special use permit:
(1)
The communications facility shall be set back from any existing residence, residentially-zoned property, public street or other public property, a distance of at least the height of the PWSF or communications facility, but in no event less than one hundred (100) feet.
(e)
By special use permit, city council may modify the requirements of paragraphs (a) or (b).
(Ord. of 9-6-16, § 2)
(a)
Freestanding communications facilities shall conform to the following separation requirements (i.e., minimum distance from the nearest established freestanding communications facility):
| Structure Height |
Minimum Separation
Requirement |
| <50 feet | 300 feet |
| 50—100 feet | 500 feet |
| 101—150 feet | 750 feet |
(b)
When a freestanding communications facility is located on a lot containing one (1) or more buildings or other uses, the minimum distance between the facility and any principal building or use located on the same lot shall be the greater of twenty (20) percent of the height of the facility, or twenty-five (25) feet.
(Ord. of 9-6-16, § 2)
(a)
Landscaping shall be used at ground level to screen the view of towers and base stations from adjacent public streets and public property, and from adjacent residentially-zoned property and residences. The minimum landscaping requirements shall be as follows:
(1)
For towers and base stations one hundred fifty (150) feet in height or less, at least one (1) row of evergreen shrubs capable of forming a continuous hedge at least five (5) feet in height within two (2) years of planting shall be spaced not more than five (5) feet apart within ten (10) feet of the perimeter of the required setback area.
(2)
For towers and base stations more than one hundred fifty (150) feet in height, in addition to the requirements set forth in subsection (a)(1), above, at least one (1) row of deciduous trees, with a minimum caliper of two and one-half (2½) inches at the time of planting, and spaced not more than forty (40) feet apart, shall be provided within twenty (20) feet of the perimeter of the required setback area.
(3)
All security fencing shall be screened from view.
(b)
Landscaping materials shall consist of drought-resistant native species.
(c)
Landscaping materials shall be maintained by the owner and operator of the lot on which the support structure is constructed or installed, for the life of the support structure.
(d)
Existing vegetation on the site shall be preserved to the greatest practical extent. Existing vegetation, topography, walls and fences, etc., combined with shrubs or other features may be substituted for the required shrubs or trees, if the director of neighborhood development services or his designee finds that they achieve the same degree of screening as the required shrubs or trees.
(e)
The requirements of this section shall not apply to an existing building that serves as the support for an antenna, but they shall apply to any related equipment and shelters placed on the ground adjacent to such buildings.
(Ord. of 9-6-16, § 2)
(a)
No communications facility shall be artificially lighted, except for:
(1)
Security and safety lighting of equipment and shelters, if such lighting is appropriately down-shielded to keep light within the boundaries of the site.
(2)
Such lighting as may be required by the FAA, FCC or other applicable governmental authority, installed in such a manner as to minimize impacts on adjacent residences. Where the FAA or FCC requires lighting "dual lighting" (red at night/strobe during day) shall be utilized unless otherwise recommended by FAA or FCC guidelines.
(b)
Security fencing shall be required around the perimeter of towers and base stations (but not for existing buildings that serve as the support for an antenna), in accordance with the following minimum requirements:
(1)
Security fencing shall be maintained by the owner and operator(s) of the communications facility, for the life of the facility. Security fencing shall be constructed of decay-resistant materials, and shall be not less than six (6) feet in height.
(2)
Security fencing shall be equipped with anti-climbing devices.
(3)
When a support structure is secured so that the public cannot access any component of a wireless facility, security fencing shall not be required.
(Ord. of 9-6-16, § 2)
(a)
No sign(s) shall be permitted on any communications facility, except as may be required for public safety purposes, or as required by the FAA or FCC.
(b)
No materials or markings containing any advertising or advertisement shall be permitted on any communications facility.
(Ord. of 9-6-16, § 2)
(a)
Attached communications facilities that are permitted to be visible from adjacent streets or properties shall comply with the following standards:
(1)
Such facilities shall be designed and located so as to blend in with the existing support structure. The facilities shall be attached to the support structure in the least visible location that is consistent with proper functioning of equipment. The colors of the facility and the attachment structure will be coordinated, and compatible neutral colors shall be utilized.
(2)
Where such facilities are visible to adjacent residences, but have a visual impact that cannot reasonably be mitigated by placement and color solutions, the facilities shall be screened by planted materials or building appurtenances, to an extent that they are not readily apparent to the occupants of the adjacent residence.
(3)
Antennas and any supporting electrical and mechanical equipment shall be of a neutral color that is compatible with the color of the attachment structure, so as to make the antenna and related equipment as visually unobtrusive as possible.
(b)
Attached communications facilities that are permitted only if not visible from adjacent streets or properties shall comply with the following standards:
(1)
Such facilities must be concealed by an architectural feature or lawful appurtenance of the support structure, provided that ground-level equipment may be concealed by landscape screening.
(2)
The concealment referenced in [subsection] (b)(1), above, shall be provided to such an extent that the communications facilities cannot be distinguished from the architectural feature, appurtenance, or landscape plantings used to conceal them.
(3)
Within a design control district, any exterior construction, reconstruction, and alteration proposed for the purpose of providing concealment for any component of a communications facility requires a certificate of appropriateness.
(c)
In addition to the requirements of paragraphs (a) and (b), above:
(1)
Portions of towers and base stations that extend above a surrounding treeline or built environment shall be painted gray or shall have a galvanized finish. Below the surrounding treeline such facilities shall be painted gray or green. Below the line of the surrounding built environment, such facilities shall be painted in a neutral color that blends with the surrounding built environment.
(2)
Alternative coloring or marking may be utilized if an applicant identifies FAA or FCC regulations requiring such alternative coloring or marking.
(3)
Equipment shelters shall be fabricated, constructed and installed using materials, colors, textures, screening and landscaping that blend with the natural setting and built environment. Equipment shall be contained wholly within a building, structure, or enclosure, unless concealed or camouflaged, as may be required, or located underground.
(4)
Collocated antennas shall, to the greatest extent feasible, be of similar size, design, coloring and appearance.
(5)
For towers having a height in excess of one hundred fifty (150) feet, the number and placement of antennas or other receiving or transmitting devices collocated on a single support structure shall be limited so that, in the aggregate, the facility(ies) will not have an excessive adverse visual impact on adjacent properties, or on the view from any historic or entrance corridor overlay district.
(d)
As long as all siting, setback, separation and general requirements of this division are met, towers, where permitted, may occupy a parcel meeting the minimum lot size requirements for the zoning district in which they are located.
(Ord. of 9-6-16, § 2)
(a)
All towers and base stations shall comply with requirements of the applicable version of the Virginia Uniform Statewide Building Code (USBC).
(b)
Structures necessary for the housing or shelter of equipment used in direct support of a communications facility shall be allowed as accessories to the communications facility, but such structures may not be used for offices, vehicle storage or other storage. No equipment, machinery or vehicles other than that which is utilized in direct support of a communications facility shall be stored or parked at the site, except when necessary in connection with repairs to the facility.
(c)
All communications facilities must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the federal or state government having authority to regulate such facilities. An applicant seeking approval of a communications facility shall be required to certify such compliance.
(d)
The owner and operator of a tower shall provide for and conduct an inspection of the tower structure at least once every three (3) years. Such inspection shall be conducted by a structural engineer authorized to practice within the Commonwealth of Virginia. A written report of the results of the inspection shall be provided to the city's building official.
(e)
Communications facilities may be located on sites containing one (1) or more other principal uses, or such facilities may be the principal use of a lot. However, multiple uses of a single lot shall be prohibited when a proposed or existing principal use includes the storage, distribution or sale of volatile, flammable, explosive or hazardous materials such as propane, gasoline, natural gas or dangerous chemicals.
(f)
A copy of any road maintenance agreement for any site accessed by private easement shall be provided as part of any application for a freestanding communications facility. Where a freestanding communications facility site abuts or has access to a collector and local street, access for maintenance vehicles shall be exclusively by means of the collector street.
(Ord. of 9-6-16, § 2)
(a)
Providers of communications services are encouraged to design, construct and site their facilities in a manner that will promote sharing facilities and support structures with other utilities, collocation with other providers, and to accommodating the future collocation of other future facilities, wherever technically, practically and economically feasible.
(b)
A person seeking approval of a site plan or special use permit for a new freestanding communications facility shall document that reasonable attempts have been made to find a collocation site acceptable to engineering standards, and that none was practically or economically feasible.
(c)
Proposed collocations shall be reviewed by the city in accordance with (i) requirements of federal law, and (ii) unless pre-empted by federal law, the applicable requirements of this division.
(Ord. of 9-6-16, § 2)
(a)
Building permit. The facilities listed below may be authorized by zoning verification pursuant to paragraph (b), below, and issuance of a building permit, if required by the USBC):
(1)
Eligible facility requests;
(2)
A new attached communications facility permitted by right, if such new facility meets all applicable requirements of this division;
(3)
Ordinary maintenance of a communications facility in existence on the date of an application; or
(4)
Placement of a COW at any location within the city, (i) for a single, temporary period of not more than one hundred twenty (120) days, or (ii) for any period corresponding with the duration of an emergency or disaster declared by the governor or city council.
(b)
Zoning verification. Upon receipt of an application seeking approval for a facility, or modification, listed in paragraph (a), above, the zoning administrator shall verify in writing that the proposed facility or modification meets applicable requirements of the zoning ordinance ("zoning verification"). If the zoning administrator determines that the facility or modification is not within the scope of [pargraphs] (a)(1)—(4), above, or does not meet applicable zoning requirements, the zoning administrator shall notify the applicant in writing of the basis of his determination, and the facility or modification shall not be permitted until all applicable requirements have been satisfied.
(1)
The zoning administrator may require documentation and information to the extent reasonably related to determining whether a request is within the scope of [pargraphs] (a)(1)—(4) above and otherwise meets applicable zoning requirements.
(2)
Within sixty (60) days of the date on which an applicant submits an eligible facility request, the request shall be approved, unless the zoning administrator determines, with the concurrence of the city attorney, that the application does not involve an eligible facility. For the purposes of this paragraph "approved" refers to issuance of the required zoning verification and approval of any certificate of appropriateness that may be required for a concealment element. All aspects of the city's review of an eligible facility request shall be conducted in accordance with, and shall be governed by, the mandates set forth within 47 C.F.R. § 1.40001 (April 8, 2015), as such regulations may subsequently be amended.
(3)
The 60-day review period ("shot clock") begins to run from the date on which the application is filed, and it may be suspended only by mutual agreement or in cases where the city determines the application is incomplete. To suspend the running of the shot clock for incompleteness, the city must give written notice to the applicant within thirty (30) days after the date on which the application is filed. The notice must reference all missing documents and information. Thereafter, the shot clock will begin running again when the applicant makes a supplemental submission in response to the notice. Following a supplemental submission, the city will have ten (10) days to notify the applicant in writing, if the supplemental submission did not provide all of the information required in the original notice. If a second or subsequent notice of incompleteness is given, the shot clock will be suspended until the next resubmission. Second and subsequent notices of incompletion may not specify missing documents or information that were not referenced in the original notice of incompleteness.
(c)
The city shall have the right to obtain independent technical consultants and experts as necessary to render the required determination, and the city may require an applicant to bear the reasonable cost of such services, as part of the required application fee. Such reasonable costs shall include but shall not be limited to, the hourly rate of the independent technical consultant or expert.
(d)
Materials required for a zoning verification:
(1)
Application form and related information completed and signed by the applicant, accompanied by the application fee(s) set forth within the most recent fee schedule adopted by city council;
(2)
Copy of a property lease or notarized power of attorney from the property owner (if the applicant is not the property owner) expressly authorizing the applicant to apply for and make binding representations as the legal agent of the owner in relation to the proposed communications facility (alternatively, the property owner may co-sign the application form);
(3)
An eligible facility request shall also be accompanied by (i) a written opinion of an attorney licensed to practice within Virginia, certifying that the facility is an eligible facility, (ii) drawings prepared by an engineer authorized to practice within Virginia, setting forth all dimensions, elevations and other details establishing the factual basis for the attorney's opinion, and illustrating all proposed changes in dimension—including all existing and proposed concealment elements, (iii) the date(s) and type(s) of approvals previously granted by the city for the existing facilities, and (iv) for applications involving towers or base stations within a design control district, a comprehensive concealment plan, consisting of drawings prepared by an architect or engineer authorized to practice within Virginia, demonstrating how the concealment elements for all antennas and related equipment, in the aggregate, will satisfy the standards set forth within City Code [sections] 34-276, 34-310, or 34-342, as applicable.
(e)
Zoning approval shall be required for any proposed communication facility other than those referenced within paragraphs (a)(1)—(4), above. Each application seeking zoning approval of a proposed communication facility shall include the following:
(1)
An application form and such related materials as may be required by the director of neighborhood development services for a proper review of the request, accompanied by the application fee set forth within the most recent fee schedule adopted by city council;
(2)
Copy of a property lease or notarized power of attorney from the property owner (if the applicant is not the property owner) expressly authorizing the applicant to apply for and make binding representations as the legal agent of the owner in relation to the proposed communications facility (alternatively, the property owner may co-sign the application form);
(3)
A proposed final site plan in accordance with section 34-1084; and
(4)
An application for approval of a certificate of appropriateness, and related fees and supporting materials, when required by section 34-275, 34-309, or 34-340.
(f)
Special use permits. Each application seeking approval of a special use permit for a communications facility shall include the following information and materials:
(1)
A proposed final site plan, in accordance with [section] 34-1084;
(2)
Demonstration that the proposed site is appropriate for the location of the facility. Information relevant to this factor includes, without limitation: topographic features or advantages of the site; site location in relation to provision of adequate wireless communications transmission or other type of communications broadcast, transmission or receipt; physical site characteristics in relation to the construction of the facility, including potential impacts on adjacent land uses; technical capabilities and limitations of the facility to be established; adequacy of setbacks to protect adjacent residential or public properties, or public streets in the event of a support structure failure; the ability to buffer, through use of vegetative, topographic or other measures, the impact of the use on adjacent residential or public streets or properties; impact on adjacent buildings, structures or sites of historic significance.
(3)
A list of all existing support structures and antenna sites within a two-mile radius from the proposed site (list to include street address, tax parcel number, existing uses and existing height), outlining opportunities for shared use as an alternative to the proposed use. The applicant shall demonstrate that the proposed support structure, antenna or microcell cannot be accommodated by other existing approved facilities due to one (1) or more of the following reasons:
a.
Unwillingness of the owner of the existing facilities to entertain a wireless communication facility proposal, or unwillingness of such owner to provide space on economically reasonable terms;
b.
The planned equipment would exceed the structural capacity of existing and approved support structures and facilities, considering existing and planned use for those facilities;
c.
The planned equipment would cause radio frequency interference with other existing or planned equipment, which cannot be reasonably prevented;
d.
Existing or approved support structures of facilities do not have space on which proposed equipment can be placed so it can function effectively and reasonably;
e.
Other reasons, described in specific factual detail, make it impracticable to place the equipment on existing and approved support structures or facilities;
f.
The proposed co-location of an existing support structure or antenna site would be, by virtue of the requirements of this division, any city ordinance or the city's comprehensive plan, considered a prohibited use.
(4)
A statement certifying that, as proposed, the facility is consistent with provisions of Subchapter I of the National Environmental Policy Act of 1969, as amended, 42 U.S.C. §§ 4321—4335. If an environmental assessment is performed pursuant to 47 C.F.R. Chapter I, Part I, Subpart I, a copy shall be provided to the city.
(5)
Technical, engineering, and other pertinent factors which led to the selection of the particular design and proposed height of the facility.
(6)
An inventory of the applicant's existing communications facilities located within the city and within one (1) mile of the city's boundaries, including specific information about the location, height and design of each facility.
(7)
A detailed description of any gap in service (described in technical terms and geographic area) that a proposed communications facility is designed to serve, together with documentation that the applicant has considered alternatives that would obviate any need for the proposed installation, including, without limitation: collocation at alternative sites, alternative system designs, etc.).
(8)
Any other information requested by the city to enable it to fully evaluate and review the application and the potential impact of the proposed facility.
(9)
The criteria to be applied by the city in reviewing an application for a special use permit are as follows:
a.
Whether the proposed facility has been designed and configured in a way that minimizes the adverse visual impact of support structures, antenna arrays and other associated structures and equipment on adjacent properties, particularly any adjacent residentially-zoned properties or any conservation or historic districts or protected properties, or any entrance corridors;
b.
Whether the proposed facility has been designed and configured to promote compatibility with surrounding land uses and to protect the health, safety, general welfare and property values of the community;
c.
Whether the proposed facility has been designed and configured so that it will not have undue adverse impact on traffic or parking congestion in the surrounding neighborhood or the community;
d.
Whether the applicant has made all reasonable efforts to identify and locate opportunities for shared use (co-location) of existing support structures and antenna sites within an appropriate radius from the proposed site, as an alternative to the proposed use;
e.
Whether the proposed facility will meet all applicable federal, state and local laws and regulations, including building, fire and safety regulations; and
f.
Whether the proposed facility meets the applicable requirements and standards set forth within this division and within Article I, Division 8 of this chapter.
(g)
The planning commission shall review and make recommendations to city council concerning approval or disapproval of the application for a special use permit, based upon its review of the application materials and the criteria set forth in this division and chapter.
(h)
Except as set forth above, the procedure for consideration of an application for a special use permit for a communications facility is the same as that required by Article I, Division 8 of this chapter.
(i)
Each application for a special use permit for a communications facility, or an amendment to such a special use permit, shall be accompanied by a fee as set forth within the most recent fee schedule adopted by city council, plus an additional amount specified by the director of neighborhood development services or his designee, as and for the cost of technical consultant(s) and experts deemed necessary by the city. Such fee shall include but shall not necessarily be limited to the hourly rate of the independent technical consultant or expert the city deems necessary to properly evaluate the application.
(j)
In granting any special use permit for a communications facility the city council may expand, modify, reduce or otherwise grant exceptions to the setback regulations, landscaping and screening requirements, height restrictions or visibility and placement restrictions set forth within this division, provided that the city council determines that such conditions are reasonable and will serve the purpose and goals of this chapter. The resolution adopted by city council to grant any such special use permit shall include any exceptions or modifications as specific conditions of such permit.
(k)
Special use permits issued under the terms of this division shall be reviewed by the department of neighborhood development services no less than every five (5) years from the date of issuance for compliance with this division and any special terms or conditions of approval. Such permits are subject to suspension or revocation at any time if it is determined that the terms of the permit and any conditions contained therein, or any rules or regulations adopted by the state or federal government concerning the use of such facilities are being violated.
(l)
Special use permits for communications facilities shall be subject to the provisions of City Code section 34-156 et seq., except as follows:
(1)
Application materials shall be reviewed, and zoning decisions rendered, in the following order: (i) the city's agent for approval of a site plan shall take action on the proposed final site plan, as submitted, and any approval shall be subject to the approval of a special use permit, (ii) the BAR or ERB, as applicable, shall make a decision on any required certificate of appropriateness. Approval of a COA shall be conditioned upon approval of a special use permit, and a denial of a COA shall be deemed appealed to city council for resolution in connection with its decision on the special use permit; and (iii) the planning commission and city council shall take final action on the proposed special use permit, subject to final approval of the site plan.
(2)
All required zoning decisions referenced within paragraph (1), above, shall be completed by the city within one hundred fifty (150) days of receipt of an application, or within ninety (90) days if the application involves a collocation (other than an eligible facility request). The city's review and responses to the application shall be in accordance with requirements of federal and state law. Denial of a special use permit by city council shall be set forth in writing and must be supported by substantial evidence in the record of the proceedings.
(m)
Notwithstanding the provisions of section 34-164, if a tower or base station is abandoned, and it remains abandoned for a period of at least twelve (12) consecutive months, then upon written notice to the owner, the city may require that the tower be removed, or that all communications equipment be removed from the base station, within six (6) months after the date of such notice.
(n)
Procedures for the amendment of a special use permit shall be the same for the original special use permit application.
(o)
In the event of a conflict between any provisions of this article and the provisions of any applicable federal law, regulation, or binding regulatory interpretation or directive, the federal requirement(s) shall govern.
(Ord. of 9-6-16, § 2)
Height—Application of District Regulations
(a)
No building or structure, or any portion thereof, shall have a height that is less than a minimum required height [8], or that exceeds a maximum allowed height, specified within the regulations of the zoning district in which the building or structure is located. The term "height," when applied to a building or structure shall refer to the vertical distance measured perpendicularly from grade to the highest point on such building or structure. For purposes of measuring building height, the following shall be deemed the highest point of a building: the level of a flat roof; the deck line of a mansard roof; and the average height level between the eaves and ridge, for gable, hip and gambrel roofs.
(b)
In any zoning district where minimum or maximum permitted height is expressed in building stories rather than feet, the maximum permitted height of a building with the specified number of stories shall not exceed the following:
Two (2) stories: Thirty-five (35) feet.
Three (3) stories: Forty-five (45) feet.
Four (4) stories: Fifty (50) feet.
Five (5) stories: Sixty (60) feet.
Six (6) stories: Seventy (70) feet.
Seven (7) stories: Eighty (80) feet.
Eight (8) stories: Ninety (90) feet.
Nine (9) stories: One hundred one (101) feet.
(c)
All communications facilities shall be subject to the height regulations set forth within section 34-1074. For the purposes of measuring the height of a telecommunications facility, all antennas or other equipment or attachments mounted on an attachment structure or support structure shall be included in measurements to determine overall (i.e., combined) height.
(d)
No accessory building or structure shall exceed the height of the principal building or structure on a lot.
(9-15-03(3); 12-18-17, § 2)
(a)
None of the following shall be counted in measuring the height of a building or structure:
(1)
Rooftop solar energy systems, subject to the provisions of section 34-1108;
(2)
Rooftop heating, electrical, and mechanical equipment, or elevator returns, which are necessary for or in connection with the proper operation of a building in accordance with USBC requirements, provided that no such equipment or elevator return, as installed shall: (i) itself measure more than eighteen (18) feet in height above the building, or (ii) cover more than twenty-five (25) percent of the roof area of a building;
(3)
Telecommunications equipment, subject to the provisions of section 34-1070, et seq.;
(4)
Chimneys constructed or attached to the side of a building, which extend above the level of the roof deck of a building to a height required by the USBC or VSFPC;
(5)
Other equipment or structures constructed or installed above the roof deck of a building, so long as they: (i) comply with the height and area requirements set forth in paragraph (2) above, and (ii) contain no enclosed space that is designed for that can be used as any type of habitable residential space. The provisions of this paragraph shall not preclude open-air space on a building rooftop from being used accessory to the primary use of the building.
(b)
Each of the following may encroach into minimum required yards as specified:
(1)
Window sills, roof overhangs, belt courses, cornices and ornamental features may encroach into a required yard by no more than twelve (12) inches.
(2)
Open lattice-enclosed fire escapes, fireproof outside stairways, and the ordinary projections of chimneys and flues may encroach into a required rear yard by no more than five (5) feet.
(3)
Chimneys or flues being added to an existing building may encroach into a required side yard, but not closer than five (5) feet to the side lot line.
(4)
Elevator shafts, and heating, electrical and mechanical equipment, if screened in accordance with the requirements of section 34-872, may encroach into a required side or rear yard.
(5)
Handicapped ramps meeting ADA standards may encroach into a required yard.
(6)
Solar energy systems may encroach into required front, side and rear yards, subject to the provisions of section 34-1108 (limitations on placement in front of buildings). No solar energy system shall be placed closer than five (5) feet to any lot line.
(7)
Uncovered and unenclosed structures (such as decks, porches, stoops, etc.) attached to a building, and which have a maximum floor height of three (3) feet above the finished grade, may encroach into any required yard, but not closer than five (5) feet to any lot line and no more than ten (10) feet into a required front yard; however, no such structure or improvement shall occupy more than thirty (30) percent of a rear yard.
(8)
For any single- or two-family dwelling, an unenclosed structure attached to the facade of the dwelling, and having a height greater than three (3) feet above finished grade, may encroach into a required front yard by up to ten (10) feet, but no closer than five (5) feet to a front lot line. Any such structure shall comply with the applicable side yard setback(s).
(c)
No enclosed structure that is attached to any building, regardless of height (including but not limited to a screened-in porch), shall encroach into any required yard.
(10-2-17, § 2)
Editor's note— An ordinance adopted Oct. 2, 2017, amended § 34-1101 to read as herein set out. Former § 34-1101 pertained to appurtenances and derived from an ordinance adopted Sept. 15, 2003(3); an ordinance adopted June 6, 2005(2); an ordinance adopted Nov. 21, 2005; an ordinance adopted Sept. 5, 2006; and an ordinance adopted Mar. 21, 2016, § 7.
Except where otherwise expressly provided, wherever a separation is provided between any two (2) buildings or structures, the distance between them shall be a minimum of eight (8) feet.
(9-15-03(3))
(a)
No lot or parcel of land shall contain more than one (1) principal building or structure, except where such lot or parcel is used for a multifamily, mixed-use, commercial, or industrial development.
(b)
In circumstances where more than one (1) principal building or structure is authorized, as set forth above, all buildings and structures must conform to required yard and other lot requirements for the district in which the lot or parcel is located.
(9-15-03(3))
(a)
No building or structure shall be used or occupied except in accordance with a valid certificate of occupancy issued by the city's building code official.
(1)
Upon receipt of a zoning application proposing a change in use of the property, the employee or official receiving the application shall forward it to the city's building code official for review. The building code official will determine whether the property in question has previously been issued a certificate of occupancy and whether any certificate of occupancy or equivalent approval is required by the state building code.
(2)
The zoning administrator's signature on a certificate of occupancy shall constitute his certification that the use that is the subject of the certificate is lawful under the provisions of the city's zoning ordinance.
(b)
Within any development containing more than one (1) building or structure, where any buildings or structure have been completed, and are ready for occupancy, prior to the completion of all of the improvements required by the approved site plan for the development, the owner may provide a bond with surety adequate to guarantee the completion of the remaining improvements by a date certain. Upon the provision of such bond, and upon payment of any fee required by the most recent fee schedule adopted by city council, then a certificate of occupancy may be issued by the city's building code official to allow occupancy of buildings or structures already completed.
(1)
The city attorney may approve any of the following substitutes for the required surety bond: letter of credit, joint savings account or other like surety.
(2)
In any case in which any other escrow agent (such as an attorney for a mortgage lender) is holding funds to ensure compliance with the terms of other regulations or agreements, and such funds are in an amount sufficient to ensure compliance both with the terms of this chapter and such other regulations or agreements, the developer shall make arrangements for the city attorney to become a party to such other escrow agreement, as escrow agent for the city; provided, that such other escrow agreement must contain provisions satisfactory to the city attorney to ensure compliance with the requirements of this chapter.
(c)
The director of neighborhood development services may require a public infrastructure maintenance bond from the developer and property owner of a single-family or two-family home at the time of issuance of a certificate of occupancy in instances where the home is (1) not subject to the provisions of Chapter 29 of this Code, and (2) all other required performance and maintenance bonds posted have been fully released. A public infrastructure maintenance bond required shall not exceed an amount reasonably necessary to maintain and repair publicly owned streets, sidewalks, and infrastructure depicted or provided for in the approved plan, plat, permit application, or similar document for which such bond is applicable, on site or immediately adjacent to the construction, and shall not be used for the purpose of repairing infrastructure damage that preexisted the construction, unless otherwise agreed upon by the developer, property owner, and the city, but in no case shall the bond requirement exceed five thousand dollars ($5,000.00). Upon notification from the developer or property owner that all bonded improvements are complete, an inspection will be conducted by the department of neighborhood development services within five (5) business days. Any remaining portion of the performance guarantee shall be released within five (5) business days of a satisfactory inspection.
(9-15-03(3); 6-6-05(2); 9-19-11(2))
State Law reference— Code of Virginia § 15.2-2209.2.
(a)
No accessory building or structure shall:
(1)
Be constructed upon a lot until the construction of the main building has been actually commenced;
(2)
Be used for dwelling purposes (except for accessory apartments, where such apartments are otherwise permitted within a residential zoning district);
(3)
Be located within any front yard; or, on a corner lot, project into the required yard adjacent to any street frontage; or
(4)
Exceed twenty-five (25) feet in height or the highest point of the primary dwelling unit's roof surface, whichever is less, and the eave of the accessory structure shall not be higher than the eave of the primary structure.
(b)
Accessory buildings may be erected in a required rear yard, provided that in any residential zone, accessory buildings and structures (when located within a required rear yard):
(1)
Cumulatively shall not occupy more than thirty (30) percent of a rear yard, and
(2)
Shall not be nearer than five (5) feet to any side or rear lot line. However, when a garage situated within a required rear yard is entered from an alley, the garage shall not be nearer than ten (10) feet to the property line adjacent to the alley.
(c)
Fences may be located within any required yard.
(9-15-03(3); 8-17-09)
No side yards shall be required when dwelling units are erected above commercial buildings, unless a side yard is required for the commercial building.
(9-15-03(3))
Notwithstanding any contrary provision of this ordinance, portable storage containers located outside of a fully-enclosed building or structure shall be allowed only in residential, commercial or mixed use districts subject to the following restrictions:
(1)
In residential districts and mixed-use districts, a maximum of two (2) portable storage containers may be allowed on a lot for a period no longer than fifteen (15) days in any consecutive twelve-month period. A maximum of one (1) portable storage container may be allowed on a lot for a period no longer than sixty (60) days in any consecutive twelve-month period. In any case where there is a change in ownership of the lot, the date upon which title to the lot is conveyed shall begin a new 12-month period. The portable storage container must be placed a minimum of five (5) feet from the property line, or on the driveway of the lot. One (1) portable storage container may be placed in a legal parking place on the street with the purchase of a permit from Neighborhood Development Services when space is not available on site. No portable storage container located in a residential or mixed-use district shall have dimensions greater than twenty (20) in length, eight (8) feet in width or eight (8) feet in height.
(2)
Any resident with one (1) portable storage container on their lot for less than fifteen (15) calendar days shall not be required to obtain a permit if neighborhood development services has advance notice of placement. A permit issued by the zoning administrator is required for any portable storage container located on a lot for more than fifteen (15) calendar days. The fee for such permit shall be in the amount set forth in the most recent zoning fee schedule approved by city council. The permit shall be displayed on the exterior of the portable storage unit at all times.
(3)
Other than the required city permit, no sign shall be attached to a portable storage container except as authorized by the sign regulations set forth within section 34-1026(7) of the City Code (Signs).
(4)
All portable storage containers shall be maintained in a condition free from rust, peeling paint and other visible forms of deterioration.
(1-17-06(6); 12-18-06(4))
The following requirements apply to solar energy systems:
(1)
Solar energy systems shall be installed in compliance with applicable provisions of the USBC and the VSFPC.
(2)
A solar energy system may be installed on the roof of any building or structure, whether principal or accessory.
a.
The height of a solar energy system installed on the roof of a single- or two-family dwelling, or on the roof of an accessory building or structure on the same lot as such dwelling, may extend up to five (5) feet above the highest point of the roof of the building or structure on which it is installed.
b.
Except as limited by subparagraph (i), above, a rooftop solar energy system may extend up to fifteen (15) feet above the highest point of the roof of the building or structure on which it is installed.
(3)
A solar energy system may be attached and incorporated as part of any building facade (for example: roof tiles, window shutters, canopies, etc.).
(4)
Placement in front of buildings:
a.
Within required front yards —Within a required front yard, a solar energy system may be incorporated as part of any structure allowed by section 34-1101(b)(7) and section 34-1101(b)(8). Otherwise, no solar energy system shall be located within a required front yard.
b.
Within other areas forward of the front building facade —Within a low-density residential zoning district, except as provided in subparagraph (4)(a) above, no solar energy system may be located forward of an imaginary line extending along the exterior facade of a residential building, parallel to the front lot line and extending between the side lot lines. In all other zoning districts, a solar energy system may be located in an area between the front building facade and the required front yard.
(5)
Except as provided in paragraph (2)(a), above, a solar energy system, together with its support, shall not itself exceed a height of fifteen (15) feet unless otherwise required by the USBC or VSFPC for a specific use.
(10-2-17, § 2)
(a)
Frontage requirement. Every lot shall have its principal frontage on a street or place (i) that has been accepted by the city for maintenance, or (ii) that a subdivider or developer has been contractually obligated to install as a condition of subdivision or site plan approval and for which an adequate financial guaranty has been furnished to the city. Except for flag lots, stem lots, and cul-de-sac lots, or other circumstances described within the city's subdivision ordinance, no lot shall be used, in whole or in part, for any residential purpose unless such lot abuts a street right-of-way for at least the minimum distance required by such subdivision ordinance for a residential lot.
(b)
Critical slopes.
(1)
Purpose and intent. The provisions of this subsection (hereinafter, "critical slopes provisions") are intended to protect topographical features that have a slope in excess of the grade established and other characteristics in the following ordinance for the following reasons and whose disturbance could cause one (1) or more of the following negative impacts:
a.
Erosion affecting the structural integrity of those features.
b.
Stormwater and erosion-related impacts on adjacent properties.
c.
Stormwater and erosion-related impacts to environmentally sensitive areas such as streams and wetlands.
d.
Increased stormwater velocity due to loss of vegetation.
e.
Decreased groundwater recharge due to changes in site hydrology.
f.
Loss of natural or topographic features that contribute substantially to the natural beauty and visual quality of the community such as loss of tree canopy, forested areas and wildlife habitat.
These provisions are intended to direct building locations to terrain more suitable to development and to discourage development on critical slopes for the reasons listed above, and to supplement other regulations and policies regarding encroachment of development into stream buffers and floodplains and protection of public water supplies.
(2)
Definition of critical slope. A critical slope is any slope whose grade is 25% or greater and:
a.
A portion of the slope has a horizontal run of greater than twenty (20) feet and its total area is six thousand (6,000) square feet or greater; and
b.
A portion of the slope is within two hundred (200) feet of any waterway as identified on the most current city topographical maps maintained by the department of neighborhood development services.
Parcels containing critical slopes are shown on the map entitled "Properties Impacted by Critical Slopes" maintained by the department of neighborhood development services. These critical slopes provisions shall apply to all critical slopes as defined herein, notwithstanding any subdivision, lot line adjustment, or other action affecting parcel boundaries made subsequent to the date of enactment of this section.
(3)
Building site required. Every newly created lot shall contain at least one (1) building site. For purposes of this section, the term building site refers to a contiguous area of land in slopes of less than 25%, as determined by reference to the most current city topographical maps maintained by the department of neighborhood development services or a source determined by the city engineer to be of superior accuracy, exclusive of such areas as may be located in the flood hazard overlay district or under water.
(4)
Building site area and dimensions. Each building site in a residential development shall have adequate area for all dwelling unit(s) outside of all required yard areas for the applicable zoning district and all parking areas. Within all other developments subject to the requirement of a site plan, each building site shall have adequate area for all buildings and structures, parking and loading areas, storage yards and other improvements, and all earth disturbing activity related to the improvements.
(5)
Location of structures and improvements. The following shall apply to the location of any building or structure for which a permit is required under the Uniform Statewide Building Code and to any improvement shown on a site plan pursuant to Article VII of this chapter:
a.
No building, structure or improvement shall be located on any lot or parcel within any area other than a building site.
b.
No building, structure or improvement, nor any earth disturbing activity to establish such building, structure or improvement shall be located on a critical slope, except as may be permitted by a modification or waiver.
(6)
Modification or waiver.
a.
Any person who is the owner, owner's agent, or contract purchaser (with the owner's written consent) of property may request a modification or waiver of the requirements of these critical slopes provisions. Any such request shall be presented in writing and shall address how the proposed modification or waiver will satisfy the purpose and intent of these provisions.
b.
The director of neighborhood development services shall post on the city website notice of the date, time and place that a request for a modification or waiver of the requirements of these critical slopes provisions will be reviewed and cause written notice to be sent to the applicant or his agent and the owner or agent for the owner of each property located within five hundred (500) feet of the property subject to the waiver. Notice sent by first class mail to the last known address of such owner or agent as shown on the current real estate tax assessment books, postmarked not less than five (5) days before the meeting, shall be deemed adequate. A representative of the department of neighborhood development services shall make affidavit that such mailing has been made and file the affidavit with the papers related to the site plan application.
c.
All modification or waiver requests shall be submitted to the department of neighborhood development services, to be reviewed by the planning commission. In considering a requested modification or waiver the planning commission shall consider the recommendation of the director of neighborhood development services or their designee. The director, in formulating his recommendation, shall consult with the city engineer, the city's environmental manager, and other appropriate officials. The director shall provide the planning commission with an evaluation of the proposed modification or waiver that considers the potential for soil erosion, sedimentation and water pollution in accordance with current provisions of the Commonwealth of Virginia Erosion and Sediment Control Handbook and the Virginia State Water Control Board best management practices, and, where applicable, the provisions of Chapter 10 of the City Code. The director may also consider other negative impacts of disturbance as defined in these critical slope provisions.
d.
The planning commission shall make a recommendation to city council in accordance with the criteria set forth in this section, and city council may thereafter grant a modification or waiver upon making a finding that:
(i)
The public benefits of allowing disturbance of a critical slope outweigh the public benefits of the undisturbed slope (public benefits include, but are not limited to, stormwater and erosion control that maintains the stability of the property and/or the quality of adjacent or environmentally sensitive areas; groundwater recharge; reduced stormwater velocity; minimization of impervious surfaces; and stabilization of otherwise unstable slopes); or
(ii)
Due to unusual size, topography, shape, location, or other unusual physical conditions, or existing development of a property, one (1) or more of these critical slopes provisions would effectively prohibit or unreasonably restrict the use, reuse or redevelopment of such property or would result in significant degradation of the site or adjacent properties.
No modification or waiver granted shall be detrimental to the public health, safety or welfare, detrimental to the orderly development of the area or adjacent properties, or contrary to sound engineering practices.
e.
In granting a modification or waiver, city council may allow the disturbance of a portion of the slope, but may determine that there are some features or areas that cannot be disturbed. These include, but are not limited to:
(i)
Large stands of trees;
(ii)
Rock outcroppings;
(iii)
Slopes greater than 60%.
City council shall consider the potential negative impacts of the disturbance and regrading of critical slopes, and of resulting new slopes and/or retaining walls. City council may impose conditions as it deems necessary to protect the public health, safety or welfare and to insure that development will be consistent with the purpose and intent of these critical slopes provisions. Conditions shall clearly specify the negative impacts that they will mitigate. Conditions may include, but are not limited to:
(i)
Compliance with the "Low Impact Development Standards" found in the City Standards and Design Manual.
(ii)
A limitation on retaining wall height, length, or use;
(iii)
Replacement of trees removed at up to three-to-one ratio;
(iv)
Habitat redevelopment;
(v)
An increase in storm water detention of up to 10% greater than that required by city development standards;
(vi)
Detailed site engineering plans to achieve increased slope stability, ground water recharge, and/or decrease in stormwater surface flow velocity;
(vii)
Limitation of the period of construction disturbance to a specific number of consecutive days;
(viii)
Requirement that reseeding occur in less days than otherwise required by City Code.
(7)
Exemptions. A lot, structure or improvement may be exempt from the requirements of these critical slopes provisions, as follows:
a.
Any structure which was lawfully in existence prior to the effective date of these critical slopes provisions, and which is nonconforming solely on the basis of the requirements of these provisions, may be expanded, enlarged, extended, modified and/or reconstructed as though such structure were a conforming structure. For the purposes of this section, the term "lawfully in existence" shall also apply to any structure for which a site plan was approved or a building permit was issued prior to the effective date of these provisions, provided such plan or permit has not expired.
b.
Any lot or parcel of record which was lawfully a lot of record on the effective date of this chapter shall be exempt from the requirements of these critical slopes provisions for the establishment of the first single-family dwelling unit on such lot or parcel; however, subparagraph (5)(b) above, shall apply to such lot or parcel if it contains adequate land area in slopes of less than 25% for the location of such structure.
c.
Driveways, public utility lines and appurtenances, stormwater management facilities and any other public facilities necessary to allow the use of the parcel shall not be required to be located within a building site and shall not be subject to the building site area and dimension requirements set forth above within these critical slopes provisions, provided that the applicant demonstrates that no reasonable alternative location or alignment exists. The city engineer shall require that protective and restorative measures be installed and maintained as deemed necessary to insure that the development will be consistent with the purpose and intent of these critical slopes provisions.
(9-15-03(3); 11-21-05; 1-17-06(7); 1-17-12; 7-16-12)
Sight Distance
(a)
For purposes of this section, the term "sight triangle" shall mean:
(1)
The triangular area formed at a corner intersection of public right-of-way and a driveway, at a corner intersection of an alley public right-of-way and a street right-of-way, or at a corner intersection of two (2) public rights-of-way, where
(2)
The two (2) equal sides are twenty (20) feet long, measured along.
a.
The right-of-way line of the street and the edge of the driveway, or
b.
The lines of each of the two (2) intersecting public rights-of-way; and where
(3)
The third side of the triangle is a line connecting the two (2) equal sides.
(b)
Where a driveway intersects a public right-of-way, or where property abuts the intersection of two (2) public rights-of-way, no person shall place or maintain any structures, fences, landscaping or any other objects within any sight triangle area, where any such object(s) obstruct or obscure sight distance visibility by more than twenty-five (25) percent of the total view in the vertical plane above the sight triangle area between a height of fifty-four (54) inches and one hundred twenty (120) inches above the roadway surface, except for the following:
(1)
Landscaping, structures or fences that protrude no more than fifty-four (54) inches above the adjacent roadway surface may be permitted within the sight triangle area; and
(2)
Trees may be planted and maintained within the sight triangle area, if all branches are trimmed to maintain a clear vision for a vertical height of one hundred twenty (120) inches above the roadway surface and the location of the trees planted (based on the tree species' expected mature height and size) does not obstruct sight visibility by more than twenty-five (25) percent of the sight triangle area.
(3)
United States mail boxes, police and fire alarm boxes, public utility poles, street name markers, official traffic signs and control devices, fire hydrants, and trees having no visual obstruction (other than the tree trunk) up to the height of ten (10) feet above the established street grade.
(9-15-03(3); 11-21-05)
When located on a lot containing fewer than three (3) total dwelling units, and where permitted within the applicable zoning district, the following residential uses shall be subject to the specified minimum (min.) and average (avg.) lot area requirements, according to the zoning district in which such uses are located:
Lot Area Requirements—Residential Uses
|
Single-Family
Detached (SFD) |
Single-Family
Attached (SFA) |
Two-Family (TFD)
|
Townhouse (TH)
|
|
| R-1 | 8,125 SF min. | NA | NA | NA |
| R-1S | 6,000 SF min. | NA | NA | NA |
| R-1U | 8,125 SF min. | NA | NA | NA |
| R-1US | 6,000 SF min. | NA | NA | NA |
| R-2, R-2U, and McIntire/5th St. Res. Corridor | 6,000 SF min. |
Per dwelling unit:
2,000 SF, min., 3,600 SF, avg. |
7,200 SF, min.;
6,000 SF, min. for lots of record prior to 08/03/64 |
2,000 SF, min. |
| All other districts | 6,000 SF min. |
Per dwelling unit:
2,000 SF, min., 3,600 SF, avg. |
7,200 SF, min.;
6,000 SF, min. for lots of record prior to 08/03/64 |
2,000 SF, min. |
(9-15-03(3); 6-6-05(2))
(a)
The planning commission shall, from time to time, promulgate criteria by which the utility and necessity (i.e., high-priority versus low-priority, taking into account public necessity versus cost to the property owner) of community sidewalks may be assessed ("sidewalk criteria"). These criteria shall guide the city's expenditure of funds within the sidewalk improvement fund referred to in paragraph (b), below. A copy of these sidewalk criteria shall be maintained within the department of neighborhood development services.
(b)
For the protection of pedestrians and to control drainage problems, when not more than two (2) dwelling units are to be constructed upon a previously unimproved lot or parcel, or when any single-family detached dwelling is converted to a two-family dwelling, sidewalk, curb and gutter (collectively, "sidewalk improvements") shall be constructed within public right-of-way dedicated along the adjacent public street frontage for that purpose. No certificate of occupancy shall be issued for the dwelling(s) until the sidewalk improvements have been accepted by the city for maintenance, or an adequate financial guaranty has been furnished to the city conditioned upon completion of the sidewalk improvements within a specific period of time. The requirements of this paragraph shall not apply, if (i) the owner of the lot or parcel obtains a waiver of the required sidewalk improvements from city council, or (ii) the owner of the lot or parcel, at the owner's sole option, elects to contribute funds to a sidewalk improvement fund in an amount equivalent to the cost of dedication of land for and construction of the required sidewalk, curb and gutter.
(c)
Sidewalks, curbs and gutters required by this section shall be constructed in accordance with the standards set forth within the city's subdivision ordinance.
(d)
Nothing within this section shall in any way affect the city's authority to require sidewalks, curb and gutter to be bonded and constructed by a developer on any newly constructed public street. The provisions of paragraph (b), above, shall not apply to any lot or parcel of land within a "development," as that term is defined within section 34-1200.
(9-15-03(3); 7-16-12; 6-15-15(1)
Except in the case of construction in developments pursuant to an approved site plan, along with each application for a building permit for constructing, enlarging, altering, or demolishing a single- or two-family dwelling, an applicant shall provide the following information and materials, to enable the zoning administrator to review the application to determine compliance with the requirements of this article:
(1)
Construction or reconstruction of a residential dwelling, on a vacant lot:
a.
A survey plat, showing (without limitation) the boundaries of the lot, and the area of the lot (indicated in square feet and/or acreage)
b.
Construction plans, showing the location of the proposed building in relation to lot lines, required yards, required sidewalk, curb and gutter, etc.
c.
A drawing identifying trees to be removed during the construction process, and specifying the diameter, location and condition of those trees.
(2)
Proposed additions/modifications of an existing building:
a.
A construction plan, showing the location and footprint of each proposed addition, in relation to lot lines, required yards, sidewalks, etc.
b.
A plan indicating the number, location, and materials to be used in construction of additional off-street parking spaces required in connection with, or as a result of, the proposed addition/modification;
c.
A drawing identifying trees to be removed during the construction process, and specifying the diameter, location and condition of those trees.
d.
A written certification indicating the existing use(s) of the building which is the subject of the application, and of all other buildings located on the same lot.
(9-15-03(3))
(a)
With respect to any mixed-use development residential density may be calculated using the area of the entire development site, even if one (1) or more residential components is or will be situated on an individual lot not subject to ownership in common with other lots comprising the development site. For the purpose of this section, the term "development site" shall mean and refer to all the lots or parcels of land containing, or proposed to contain, any component(s) of a mixed use development, where all such lots or parcels have been included within and are subject to the requirements of a single (1) site plan.
(b)
Notations shall be included on all subdivision plats, site plans, building permits and certificates of occupancy for a mixed use development, identifying the component uses and density limitations applicable to the mixed use development.
(9-15-03(3))
The purpose of this division is to regulate nonconforming uses, lots and structures in a manner consistent with sound planning and zoning principles. The general intent is that over time, nonconforming uses, lots and structures will be discontinued in favor of uses, lots and structures conforming to this chapter and the zoning map. However, it is also recognized that nonconforming uses, lots and structures need not be entirely static, and that under certain circumstances nonconforming uses, lots and structures may change according to law and the provisions of this chapter.
(9-15-03(3))
(a)
For the purposes of this chapter, the term "nonconforming use" shall mean a lawful principal use of a lot, existing on the effective date of the zoning regulations applicable to the district in which the use is located, or a more restricted use, that does not comply with applicable use regulations of that district. A nonconforming use may have accessory uses; however, an accessory use shall not be eligible for "nonconforming use" status. A use that is casual, intermittent, or temporary on the effective date of this chapter shall not be eligible to be a nonconforming use.
(b)
For the purposes of this chapter, the term "nonconforming lot" shall mean a lawful lot of record existing on the effective date of the zoning regulations applicable to the district in which the lot is located, that does not comply with the minimum applicable size or other lot requirements of that district.
(c)
For the purposes of this chapter, the term "nonconforming structure" shall mean a lawful structure existing on the effective date of the zoning regulations applicable to the district in which the structure is located, that does not comply with the minimum applicable bulk, height, setback, floor area or other dimensional requirements applicable to structures within that zoning district.
(9-15-03(3))
The nonconforming status of any nonconforming use, lot or structure shall adhere solely to the land, and not to the owner, tenant or other holder of any legal title to the property or the right of possession of such property.
(9-15-03(3))
(a)
A nonconforming use, lot or structure may continue, as it existed when it became nonconforming. Except as provided within this division, a nonconforming use, lot or structure shall not be changed, altered, repaired, restored, replaced, relocated, extended or expanded in any manner (including, without limitation, by addition of new accessory, ancillary or other incidental uses).
(b)
No use that is accessory, ancillary or incidental to a principal nonconforming use shall be continued after nonconforming status is lost.
(c)
A use that is accessory, ancillary or incidental to a permitted principal use cannot be made the basis for a nonconforming use.
(9-15-03(3))
(a)
Discontinuance or abandonment.
(1)
If any nonconforming use is discontinued for a period of two (2) years, it shall lose its nonconforming status, and any further use shall conform to the provisions of this chapter. Cessation of a nonconforming use for a two-year period shall establish a presumption that such use has been discontinued. Continuation of a use which is accessory, ancillary or incidental use to the principal nonconforming use during the two-year period, without continuation of the principal nonconforming use itself, shall not operate to continue the principal nonconforming use.
(2)
Any nonconforming use that is intentionally abandoned, without regard to the length of time that has passed following such abandonment, shall be deemed terminated. Any further use of the property shall conform to the provisions of this chapter.
(b)
Permitted changes. A nonconforming use may not be changed, altered, repaired, restored, replaced, relocated or expanded except as set forth within this section, and subject to all approvals required by law.
(1)
A nonconforming use may change to a conforming use.
(2)
A nonconforming use may change to a more restricted nonconforming use, upon issuance by the zoning administrator of an approval for such a change. The zoning administrator's approval, which shall not be given until the nonconforming status of the use has been verified in accordance with section 34-1150, shall include a determination in writing that the proposed use is "more restricted" than the existing nonconforming use, and a copy of such determination shall be forwarded to the planning commission and the governing body. If the zoning administrator determines the proposed use is not "more restricted" than the existing nonconforming use, then the application for a change to a more restricted nonconforming use shall be denied. In determining whether a proposed use is a "more restricted" nonconforming use, the following factors, among others, shall be considered:
a.
Whether the proposed use will change the size and scope of the existing use of the subject property, and the magnitude of such change; and
b.
Whether the proposed use will increase the intensity of use of the subject property, including hours of operation, traffic, noise and similar impacts; and
c.
Whether the proposed use will have a more or less detrimental effect than the existing nonconforming use upon conforming uses within the surrounding neighborhood; and
d.
How the quantum effect of the factors evaluated in preceding subsections (a., b., c.) relate to the purpose, policies and objectives of this chapter.
(3)
A nonconforming residential use destroyed by casualty may be reestablished as it existed immediately prior to such casualty, so long as such use is reestablished within two (2) years following the date of destruction.
(4)
The owner of a valid nonconforming manufactured home not located within a manufactured home park may replace that home with a newer manufactured home, either single- or multi-section, that meets the current HUD manufactured housing code. Any such replacement home shall retain the valid nonconforming status of the prior home.
(9-15-03(3))
(a)
Any unimproved lot of record, located within any zoning district, that is nonconforming as to required lot area, lot frontage, or any combination thereof, may be used for any use permitted by right or with a special use or provisional use permit in such zoning district, provided all other standards of the zoning district are met. Where yard requirements within a particular zoning district would preclude construction of a proposed single-family dwelling on a nonconforming lot, the zoning administrator shall establish alternate yard requirements, which shall consist of: (i) the setbacks applicable to the last single-family dwelling established on the non-conforming lot, or if no single-family dwelling previously existed on the lot, then (ii) the average of the setbacks applicable to each of the other single-family dwellings currently located on the same block as the non-conforming lot.
(b)
Nonconforming lots may change as follows:
(1)
A nonconforming lot may be increased in lot size, lot width, or both, to make the lot less nonconforming;
(2)
The boundaries of a nonconforming lot may be adjusted, along with the boundaries of any contiguous conforming lot, provided such adjustment does not make the conforming lot nonconforming and does not make the nonconforming lot more nonconforming.
(3)
A boundary adjustment between or among two (2) or more adjoining nonconforming lots shall be permitted provided that no new lot is created.
(4)
When a building or structure to be constructed or expanded is located on more than one (1) nonconforming lot, a boundary adjustment shall be required to consolidate the lots to make them less nonconforming.
(5)
When a nonconforming lot is changed as allowed within this section, and when two (2) or more nonconforming lots are assembled to create a conforming lot, a plat of subdivision shall first be filed and approved in accordance with the subdivision ordinance.
(9-15-03(3))
(a)
A nonconforming structure may be changed, altered, repaired, restored, replaced, relocated or expanded only in accordance with the provisions of this section and of section 34-1147, and subject to all approvals required by law.
(b)
A nonconforming structure may change to a conforming structure.
(c)
A nonconforming structure may be repaired, provided such repair constitutes only routine maintenance. Such repairs may include minor alterations, cosmetic modifications, interior renovations or similar changes; however, no expansion of the structure shall be allowed unless approved pursuant to section 34-1147.
(d)
A nonconforming structure damaged by casualty (as distinguished from ordinary wear and tear) may be restored in accordance with the following:
(1)
A nonconforming structure damaged by any casualty may be restored to its condition prior to the casualty, provided such restoration is begun within twelve (12) months of the date of the casualty and provided further that such restoration, once begun, is completed within twenty-four (24) months of the casualty.
(2)
Restoration of a nonconforming structure may include minor alterations, cosmetic modifications, interior renovations or similar changes; however, restoration of a nonconforming structure shall not include any expansion unless approved under the provisions set forth in section 34-1147.
(3)
Restoration may include changes that make the structure less nonconforming than it was prior to the casualty.
(4)
Prior to any restoration the nonconforming status of the structure shall be verified by the zoning administrator.
(5)
For all structures except a residential dwelling located on a lot containing fewer than three (3) dwelling units, restoration of a nonconforming structure shall require approval of a site plan in accordance with Article VII, sections 34-800, et seq.
(e)
A solar energy system may be placed on or attached to a nonconforming building or structure.
(f)
A nonconforming structure that is an individually protected property, or a contributing structure within an architectural design control district, may be expanded as set forth within section 34-1147(2).
(9-15-03(3); 10-2-17, § 2; 12-18-17, § 3)
(a)
Nonconforming uses or structures may expand only in accordance with the provisions of this section. Whenever a percentage limitation is placed on expansion, that limitation shall be the total expansion allowed, in increments of any size that add up to the total, or all at once. All expansion shall occur on the lot occupied by the nonconforming use or structure, inclusive of any permitted consolidations or re-subdivisions.
(b)
Nonconforming uses, other than structures, may be expanded on an area of a lot not originally devoted to the nonconforming use, provided such expansion meets all current requirements of this chapter applicable only to the expansion. The placement or installation of a solar energy system on a building or lot shall not be deemed an expansion of a nonconforming use.
(c)
Nonconforming structures.
(1)
Nonconforming single-family dwelling. The structure may be expanded as provided within this subsection. New or expanded residential accessory structures (such as storage sheds, garages, swimming pools, etc.) may be permitted. Expansion of the dwelling, and new or expanded accessory structures, shall meet all zoning ordinance requirements, including height, yard and setbacks, for the zoning district in which located; except that extension of an existing front porch that encroaches into a front yard required by this ordinance shall be permitted to the side yard(s), so long as such extension will not result in an increase in the front yard encroachment. A single-family detached dwelling that is nonconforming because it encroaches into any required yard(s) may be expanded as long as the expansion will not result in an increase in the yard encroachment(s). However, expansions in height to existing nonconforming single-family dwellings, which do not meet current setback requirements, shall be permitted only if: (i) the dwelling is only being increased in height, and (ii) the footprint of the dwelling will remain unchanged by the proposed expansion in height. Such expansion will not required to meet more restrictive setbacks enacted since the date the dwelling became nonconforming; however, all other zoning regulations for the district in which the dwelling is located shall apply.
Nonconforming Single-Family Dwelling
(2)
Nonconforming structures, other than single-family dwellings. Expansion of a nonconforming structure may be approved provided that: (i) yard, setback, screening and buffering, and height standards applicable to the proposed expansion are met; (ii) all applicable sign regulations are met, and (iii) such expansion does not exceed twenty-five (25) percent of the gross floor area of the existing structure. For any proposed expansion exceeding twenty-five (25) percent of the gross floor area of the existing structure, all development standards applicable to the property as a whole shall be met. If the nonconforming structure to be expanded is also an individually protected property, or a contributing structure within an architectural design control district, then that structure shall not be required to meet any development standard that would require modification of the structure itself, and the city's board of architectural review must approve a certificate of appropriateness for the proposed expansion.
(3)
The placement or installation of a solar energy system on a building or lot shall not be deemed an expansion of a nonconforming building or structure, and the area occupied by any such system shall not be included within the calculation of percentages of expansion pursuant to paragraphs (c)(2) or (e) of this section.
(4)
Where a nonconforming structure is utilized for or in connection with a nonconforming use, then no expansion of the nonconforming structure shall be approved unless the zoning administrator certifies that: (i) expansion of the nonconforming structure would not result in expansion of the nonconforming use, or (ii) expansion of the nonconforming structure would result in expansion of the nonconforming use, but expansion of the nonconforming use would meet the requirements of section 34-1147(b), above.
(5)
Prior to the approval of any expansion of a nonconforming use or structure, nonconforming status shall be verified by the zoning administrator.
(d)
In the event of any permitted expansion of a nonconforming structure, all signs located on the property shall be brought into full compliance with current zoning ordinance requirements.
(e)
Permitted expansions for nonresidential, nonconforming uses that require special or provisional use permits are required to obtain special or provisional use permits only when such expansions exceed twenty-five (25) percent of the gross floor area of the existing structure.
(9-15-03(3); 6-6-05(2); 10-2-17, § 2; 12-18-17, § 3)
Nonconforming signs may be altered or replaced only in accordance with the provisions of section 34-1036.
(9-15-03(3))
Nonconforming uses and structures within the city's flood hazard protection overlay district may be altered or replaced only in accordance with the provisions of Article II, section 34-257.
(9-15-03(3))
(a)
Prior to approval of any change in a nonconforming use, lot or structure, the lawful status of the use, lot or structure shall be verified by the zoning administrator. The zoning administrator may also verify the lawful status of a nonconforming use, lot or structure, upon the request of the owner of the property, the request of a neighboring property owner, or upon the zoning administrator's own initiative.
(b)
In verifying the lawful status of a nonconforming use, lot or structure, the zoning administrator shall determine, in writing, the following:
(1)
Whether the use, lot or structure is, in fact, lawfully nonconforming;
(2)
The location and gross floor area (in square feet) of all buildings;
(3)
The location, use and size of all structures other than buildings;
(4)
The area of land (in square feet) devoted to all aspects of the nonconforming use, lot or structure (including, without limitation, buildings, parking, outside storage, travelways, open spaces, etc.).
(5)
A description of the principal use and all accessory, ancillary or incidental uses that make up the lawful nonconforming use as a whole.
(c)
The zoning administrator's determination shall be based on information provided by the owner of the property, information provided by any other persons with knowledge of the property, and on any other information available to the zoning administrator through public records. Public record information may include, but shall not be limited to, records of permits, licenses, property tax assessments, business records, photographs, plats, plans, etc.
(d)
The zoning administrator shall mail a copy of his determination to the property owner. The zoning administrator's determination shall be final after thirty (30) days unless an appeal is filed with the board of zoning appeals.
(e)
The zoning administrator may keep and maintain records of all verified nonconforming uses, lots and structures. Not less than every two (2) years after the original date of verification, the owner or operator of a verified nonconforming use, lot or structure may file a report with the zoning administrator, on forms available from the department of neighborhood development services, showing that the nonconforming use, lot or structure has not ceased for a two-year period, or been abandoned, and that the use, lot or structure is being used, maintained or operated in accordance with the original decision rendered as part of the nonconforming verification process and any subsequent changes authorized.
(9-15-03(3))
Nothing in this division shall be construed to prevent removal of a valid nonconforming manufactured housing unit from property and replacement of that unit with another, comparable manufactured housing unit that meets the current HUD manufactured housing code. Such replacement unit shall retain the valid nonconforming status of the prior unit.
(9-15-03(3))
In addition to the standards set forth within this division for specific provisional uses, all uses authorized by a provisional use permit must satisfy the following general standards:
(1)
The proposed use, at the specified location, must be permitted as a provisional use within the applicable zoning district regulations, and must in all other aspects comply with the requirements of the city's zoning ordinance.
(2)
The city's building code official must certify that the use of any building or structure as part of, or in connection with, the proposed provisional use is permitted by the Uniform Statewide Building Code.
(3)
The proposed provisional use must be operated or conducted in accordance with all applicable federal, state, and local laws, regulations, ordinance, licenses, permits, and governmental requirements.
(4)
Issuance of a provisional use permit shall be conditioned upon the applicant's consent to inspections initiated by the zoning administrator to verify compliance with the requirements of this division, and a right of access for the zoning administrator to make such inspections.
(9-15-03(3))
(a)
In addition to the requirements of section 34-1105, accessory apartments authorized by a provisional use permit shall be subject to the following regulations. Any property containing an accessory apartment shall comply with the following:
(1)
One (1) of the two (2) dwelling units on the subject property must be occupied by the owner of the property.
(2)
Use and occupancy of each dwelling unit must comply with all applicable building code regulations.
(3)
No accessory unit shall exceed twenty-five (25) feet in height or the highest point of the primary dwelling unit's roof surface, whichever is less.
(4)
Notwithstanding any other residential occupancy provisions set forth within this zoning ordinance, no accessory apartment may be occupied by more than two (2) persons.
(b)
In addition to the requirements set forth above in paragraph (a), the following shall apply to interior accessory apartments:
(1)
The accessory apartment may not have its own separate entrance located on any façade of the principal dwelling that fronts on a public street. No exterior stairs providing access to the accessory apartment shall be visible from any public street.
(2)
The accessory apartment must be entirely contained within the principal structure.
(3)
The gross floor area of the accessory apartment may not exceed forty (40) percent of the gross floor area of the principal structure in which it is located.
(c)
In addition to the requirement set forth in paragraph (a), the following shall apply to exterior accessory apartments:
(1)
Must be located within an accessory structure, and the accessory structure must itself be in compliance with all applicable zoning and building code regulations.
(2)
The footprint of the exterior accessory apartment may not exceed forty (40) percent of the footprint of the primary dwelling on the property.
(9-15-03(3); 8-17-09)
A home occupation authorized by a provisional use permit shall be subject to the following regulations:
(1)
A home occupation shall be permitted only where the character of such use is such that it is clearly subordinate and incidental to the principal residential use of a dwelling.
(2)
In addition to the resident of the dwelling, not more than one (1) other individual may be engaged in the activities of the home occupation business on the property at any given time. There must be off-street parking available for this other individual.
(3)
No more than three (3) customers or clients of a home occupation business shall be present on the premises at the same time; for homestays: no more than six (6) adult overnight guests are allowed, per tax map parcel, per day. No customers, clients or employees shall be allowed to visit the property on which a home occupation business is conducted earlier than 8:00 a.m. or later than 9:00 p.m.; these hours of operation shall not apply to a homestay.
(4)
Deliveries of supplies associated with the home occupation business shall occur only between the hours of 8:00 a.m. and 9:00 p.m.
(5)
No mechanical or electrical equipment shall be employed within or on the property, other than machinery or equipment customarily found in a home.
(6)
No outside display of goods, and no outside storage of any equipment or materials used in the home occupation business shall be permitted.
(7)
There shall be no audible noise, or any detectable vibration or odor from activities or equipment of the home occupation beyond the confines of the dwelling, or an accessory building, including transmittal through vertical or horizontal party walls.
(8)
The storage of hazardous waste or materials not otherwise and customarily associated residential occupancy of a dwelling is prohibited.
(9)
There shall be no sales of any goods, other than goods that are accessory to a service delivered on-premises to a customer or client of the home occupation business.
(10)
With the exception of homestays: (i) a home occupation business must be conducted entirely within the dwelling, an accessory building or structure, or both and (ii) not more than 25% of the total floor area of the dwelling shall be used in the conduct of the home occupation business, including storage of stock-in-trade or supplies.
(11)
For pet grooming services, all animals must be kept inside during the provision of services and no animals may be boarded or kept overnight.
(12)
All parking in connection with the home occupation business (including, without limitation, parking of vehicles marked with advertising or signage for the home business) must be in driveway and garage areas on the property, or in available on-street parking areas.
(13)
Homestays may not have any exterior signage. For other home occupation businesses: one (1) exterior sign, of dimensions no greater than two (2) square feet, may be placed on the exterior of the dwelling or an accessory structure to indicate the presence or conduct of the home business: and (i) this sign may not be lighted; and (ii) in all other respects the property from which a home occupation business is to be conducted must be in compliance with the sign regulations set forth within Division 4, section 34-1020, et seq.
(14)
Except for a sign authorized by subparagraph (13) above, there shall be no evidence or indication visible from the exterior of the dwelling that the dwelling or any accessory building is being utilized in whole or in part for any purpose other than residential occupancy.
(15)
Applicants for a provisional use permit authorizing a home occupation shall provide evidence of a city business license (or a statement from the commissioner of revenue that no city business license is required), proof of payment of taxes required by City Code, Chapter 30, if any, and a certificate of occupancy or other written indication from the city's building code official that use of the dwelling or accessory building for the home occupation business is in compliance with all applicable building code regulations.
(16)
In addition to the provisions of subparagraphs (1)—(16), above, the following regulations shall apply to homestays:
a.
An individual who applies for a provisional use permit to authorize the operation of a homestay shall present proof of:
(i)
Such individual's ownership of, and permanent residence at, the property that is the subject of the application. Acceptable proof of permanent residence includes: applicant's driver's license, voter registration card or U.S. passport, showing the address of the property, or other document(s) which the zoning administrator determines provide equivalent proof of permanent residence by the applicant at the property that is the subject of the application.
(ii)
Contact information for a responsible party. If the owner is not the responsible party who will be available during the time of service, then the responsible party must be identified and must sign the application form.
b.
No food shall be prepared for or served to guests of the homestay by the owner or the owner's agent(s) or contractor(s).
c.
Every homestay shall have working smoke detectors, carbon monoxide detectors and fire extinguishers, and all such equipment shall be accessible to overnight guests of the homestay at all times. Every homestay shall comply with requirements of the applicable version of the Virginia Uniform Building Code, as determined by the City's Building Code Official.
d.
By his or her application for a provisional use permit for a homestay, an applicant authorizes city inspectors to enter the subject property, upon reasonable advance written notice to the applicant, at least one (1) time during the calendar year for which the permit is valid, to verify that the homestay is being operated in accordance with the regulations set forth within this section.
e.
Each provisional use permit for a homestay will be valid from January 1 (or such other date during a calendar year on which such permit is issued) through December 31 of the calendar year in which the permit is issued. During this period of validity, the owner of the homestay must occupy the dwelling as his or her residence for more than one hundred eighty (180) days.
f.
A provisional use permit for a homestay may be revoked by the zoning administrator (i) in the event that three (3) or more substantiated complaints are received by the city within a calendar year, or (ii) for failure to maintain compliance with any of the regulations set forth within this section. A property owner whose provisional use permit has been revoked pursuant to this paragraph shall not be eligible to receive any new provisional use permit for a homestay, for the remaining portion of the calendar year in which the permit is revoked, and for the entire succeeding calendar year.
(17)
The following are specifically prohibited, and shall not be deemed or construed as activities constituting a home occupation:
a.
Auto detailing, where more than two (2) vehicles being serviced are present on the property at any given time.
b.
Barber shops or beauty salons having more than two (2) chairs.
c.
Funeral home with or without chapel.
d.
Medical or dental clinic (other than psychiatric or psychological counseling services).
e.
Motor vehicle sales, repair, equipment installation, and similar activities.
f.
Nursing homes and adult care facilities.
g.
Offices or staging facilities for any non-professional service-oriented businesses (for example, maid services, landscaping and lawn maintenance services, construction services, etc.), except where the sole activity on the premises would be telephone order/dispatching functions and there would be no vehicles, equipment, workers, or customers on the premises at any time.
h.
Repair or testing of machinery, including internal combustion engines.
i.
Restaurants.
j.
Retail or wholesale sales, where any goods or merchandise are (i) displayed or otherwise offered or available on-site for sale or purchase, or (ii) delivered to or picked-up by purchasers on-site, including, without limitation: antique shops, sales of firearms, computer sales, and similar activities.
k.
Schools, nursery schools, and day care facilities.
l.
Veterinary clinics and animal kennels.
(9-15-03(3); 9-8-15(2))
The following standards shall apply to outdoor storage authorized by provisional use permit:
(1)
Outdoor storage and parking of equipment and motor vehicles is permitted only in areas to the side or rear of the principal building on the lot. Outdoor storage and parking of motor vehicles shall be limited to operable company vehicles. The storage area shall meet all setback requirements and shall be screened as required in section 34-872.
(2)
Outdoor storage of refuse, waste, junk, inoperable motor vehicles and inoperable motorized equipment is prohibited.
(3)
No more than seventy-five (75) percent of the total area of the lot shall be covered by any building, structure, and outdoor storage area.
(9-15-03(3))
For music halls and all-night restaurants the following requirements shall apply:
(1)
Any such restaurant or music hall that remains open after 2:00 a.m. on any day shall have a security guard on site between the hours of 2:00 a.m. and 6:00 a.m. or until one-half hour after the music hall closes, whichever is earlier.
(2)
In the event more than four (4) incidents at the property require police service/response over any two (2) month period, the provisional or special use permit shall be suspended by the zoning administrator, for three hundred sixty-five (365) days. Following any such suspension, the restaurant may continue to operate, but only in the form of a restaurant that is permitted within the applicable zoning district without the requirement of a provisional or special use permit.
(9-15-03(3); 7-19-10)
A mobile food unit located on private property authorized by a provisional use permit shall be subject to the following regulations:
(1)
No mobile food unit may be operated on private property without the mobile food unit owner or his designee having first been issued a provisional use permit pursuant to this section.
(2)
A provisional use permit allows the permittee to operate at up to ten (10) different properties. An applicant may apply for more than one (1) provisional use permit.
(3)
Applicants for a provisional use permit authorizing a mobile food unit to operate on private property must provide:
a.
A city business license (or a statement from the commissioner of revenue that no city business license is required).
b.
A valid health permit from the Virginia Health Department stating that the mobile food unit meets all applicable standards. A valid health permit must be maintained for the duration of the provisional use permit.
c.
Written permission from the owner(s) of the private properties upon which the permittee will operate.
d.
A sketch to be approved by the zoning administrator for each property, illustrating access to the site, all parking areas, routes for ingress and egress, placement of the mobile food unit, distance from property lines, garbage receptacles and any other feature associated with the mobile food unit.
(4)
A mobile food unit provisional use permit is valid for one (1) year from the date of issuance.
(5)
A mobile food unit operator shall not:
a.
Sell anything other than food and non-alcoholic beverages and items incidental to the product and its consumption;
b.
Set up more than one (1) covered ten (10) × ten (10) table to provide condiments to patrons;
c.
Play any music that is audible outside of the vehicle;
d.
Place or utilize any signage that is not permanently affixed to the mobile food unit;
e.
Fail to provide receptacles and properly dispose of all trash, refuse, compost and garbage that is generated by the use;
f.
Cause any liquid wastes to be discharged from the mobile food unit;
g.
Locate a mobile food unit within one hundred (100) feet of a single family or two-family residential use.
(6)
A provisional use permit may be revoked by the zoning administrator at any time, due to the failure of the permit holder to comply with all requirements of this chapter. Notice of revocation shall be made in writing to the permit holder. Any person aggrieved by such notice may appeal the revocation to the board of zoning appeals.
(5-6-13(2))
(a)
In addition to the standards set forth within this division for specific temporary uses, all uses authorized by a temporary use permit must satisfy the following requirements:
(1)
As part of the application for a temporary use permit, an applicant shall provide a written plan containing, at a minimum, the following information:
a.
Site sketch showing the boundaries of the subject site; the tax map and parcel numbers for the subject site and adjacent property owners; the name of the owner of the subject property, and the name(s) of all adjacent property owners; the zoning district classifications of the subject site and each adjacent property; and a layout of the structures, parking and other pertinent features of the proposed temporary use.
b.
Written permission of the owner of the subject property (if different than the applicant) authorizing the applicant to use the subject property for the temporary use.
c.
Proof that the applicant and/or owner of the subject property have obtained, or will obtain, all licenses, permits and other governmental approvals required by any federal, state or local laws or regulations, required for or in connection with the proposed temporary use.
d.
Other information deemed necessary by the zoning administrator in order to evaluate the application.
(2)
A temporary use must be permitted within the zoning district where it will be located.
(9-15-03(3))
Temporary outdoor assemblies:
(1)
Must take place only between the hours of 9:00 a.m. and 9:00 p.m. on a given day.
(2)
Must provide parking for persons expected to attend the event, no fewer than one (1) space per four (4) persons of the capacity of the site, as determined by the zoning administrator.
(3)
Must meet all applicable requirements of the state building and fire prevention codes.
(9-15-03(3))
Temporary outdoor sales:
(1)
May not be located or conducted in a manner that will reduce or eliminate the availability of any required off-street parking spaces for the subject property.
(2)
May not be located within any yard subject to a landscaping or buffer/screening requirement.
(3)
Must, with respect to any lighting utilized, comply with applicable provisions of Division 3, sections 34-1000, et seq., of this article.
(4)
Must meet all applicable requirements of the state building and fire prevention codes.
(9-15-03(3))
Temporary amusement enterprises:
(1)
Must provide parking sufficient to accommodate the number of persons expected to attend the event, as determined by the zoning administrator based on other, similar events.
(2)
Must, in all aspects (including, without limitation, the erection of tents and rides) be conducted in accordance with applicable requirements of the state building and fire prevention codes.
(3)
Shall not be approved to take place at any site within three hundred (300) feet of a low-density residential zoning district.
(4)
Must, with respect to any lighting utilized, comply with applicable provisions of Division 3, section 34-1000, et seq. of this article.
(9-15-03(3))
(a)
Temporary family health care structures shall be a permitted accessory use in single family residential zoning districts on lots zoned for single-family detached dwellings if such structure (i) is used by a caregiver in providing care for a mentally or physically impaired person, and (ii) is on property owned or occupied by the caregiver as his residence. For purposes of this section, "caregiver" and "mentally or physically impaired person" shall have the same meaning as defined in Virginia Code § 15.2-2292.1.
(b)
Any person proposing to install such structure shall first obtain a temporary use permit.
(c)
In addition to the specific requirements of a temporary family health care structure found in section 34-1200 herein, such structures must meet the following requirements:
(1)
Only one (1) such structure shall be allowed on a lot or parcel of land.
(2)
The applicant must provide evidence of compliance with this section to the city one (1) year from the date of installation, and every year thereafter, as long as such structure remains on the property. Such evidence will involve inspection by the city of such structure at reasonable times.
(3)
The applicant must comply with all applicable requirements of the Virginia Department of Health.
(4)
No signage advertising or otherwise promoting the existence of the structure shall be permitted anywhere on the property.
(5)
Such structure shall be removed within thirty (30) days of the time from which the mentally or physically impaired person is no longer receiving, or is no longer in need of, the assistance provided for in this section.
(6)
The zoning administrator may revoke any permit granted hereunder if the permit holder violates any provision of this section, in addition to any other remedies that the city may seek against the permit holder, including injunctive relief or other appropriate legal proceedings to ensure compliance.
(10-4-10(2))
The following words, terms and phrases, when used in this chapter, will have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning:
"A" Zone means the areas shown on the city's FIS/FIRM as areas for which no detailed flood profiles or elevations (BFEs) are provided, but the boundary of the base flood has been approximated. Such areas may also be referred to as the "approximated floodplain".
Abutting means having a common border with another, or being separated from such other only by a right-of-way, alley or easement.
Access means and refers to the right of pedestrians and vehicles to cross between a public right-of-way and private property.
Accessory apartment means an independent dwelling unit, the presence and use of which is clearly subordinate to a single-family detached dwelling and in which no more than two (2) persons reside. When contained within the structure of a single family dwelling, such apartment constitutes an "interior accessory apartment."
Accessory building, structure or use means a building, structure or use located upon the same lot as the principal use, building, or structure, the use of which is incidental to the use of the principal structure. Garages, carports and storage sheds are common residential accessory buildings and structures. Heating, electrical and mechanical equipment, utility service lines and meters, solar energy systems, and related equipment, are equipment or fixtures used accessory to a building or structure located on the same lot.
Adjacent grade means, when used within the city's floodplain management regulations (see Article II, Division 1), the elevation of the ground surface next to the walls of a structure. The lowest adjacent grade refers to the lowest natural elevation of the ground surface next to the walls of a structure. The highest adjacent grade refers to the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Addition (to an existing building) means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition that is connected by a firewall or is separated by independent perimeter load-bearing walls is new construction.
Adult assisted living means A residential facility in which aged, infirm or disabled adults reside, and for which the licensing authority is the Virginia Department of Social Services, or for which no state license is required. The term shall not include the home or residence of an individual who cares only for persons related to him by blood or marriage. The term shall also not include any facility licensed by the State Board of Health or the state Department of Mental Health, Mental Retardation and Substance Abuse Services, or any other facility excluded from the definition of "assisted living facility," set forth within Code of Virginia § 63.2-100.
Adult day care means a facility that provides care and protection to four (4) or more aged, infirm or disabled adults who reside elsewhere, during only a part of the day (a period of less than twenty-four (24) hours). The term shall not include any facility, or portion thereof, that is licensed by the State Board of Health, the State Department of Mental Health, Mental Retardation and Substance Abuse Services; or the home or residence of an individual who cares only for persons related to him by blood or marriage.
"AE" Zone means the areas shown on the city's FIS/FIRM as areas for which BFEs have been provided and the floodway has not been delineated.
Alley means a thoroughfare, whether dedicated to public use or privately owned, that provides access for persons and vehicles to the rear and/or side lot lines of properties from abutting public streets or private roads.
Alteration means any change in the floor area, use, adaptability or external appearance of an existing structure.
Amphitheater means a place of open-air (outdoor) assembly, consisting of a central space or stage for performances, which may be open to the sky or partially covered or enclosed, with tiered/or sloped seating arranged in a semi-circular pattern in relation to the performance area.
Amusement center means any establishment, business or location in which there are more than three (3) mechanical, electrical or electronic devices used, or designed to be used, for entertainment or as games, by the insertion of currency, coins or tokens, or by the payment of money to have them activated, and any place of business, or portion thereof, containing more than one (1) billiard table for use by patrons of the business. Jukeboxes, rides and regulation size ten-pin orduck pin bowling alleys shall not, alone, form the basis of a determination that an establishment is an amusement center.
Amusement enterprise means any circus, carnival or similar transient show or entertainment.
Ancillary use means a use permitted only in conjunction with a principal use permitted in the same zoning district. Except where otherwise specified, the total floor area occupied by any ancillary use(s), in the aggregate, cannot exceed twenty-five (25) percent of the gross floor area of the building or development of which such use is a part.
Animal shelter means a facility used to house or contain animals and which is owned, operated or maintained by a duly incorporated humane society, animal welfare society, society for prevention of cruelty to animals, animal rescue group, or other such incorporated organization devoted to the welfare, protection and humane treatment of animals.
Antenna as used in Article IX, section 34-1070, et seq. means communications equipment mounted on a support structure for the purpose of transmitting, receiving, or transmitting and receiving electromagnetic radio signals used in the provision of all types of wireless communications services.
Appurtenance means a feature or structure attached to a building that is used for or in connection with a building, incidental to such building and for its benefit.
Area of special flood hazard means the land within a community subject to a one-percent or greater chance of flooding in any given year. Also known as "floodplain."
Area of Special Flood Hazard
Arena/stadium means a place of assembly designed primarily as a place for sporting events, but which may occasionally be used for large concerts or other large-scale assemblies. An arena or stadium consists of a building or structure, containing a playing field, court or other central activity space surrounded by tiered or sloped seating on all sides. An arena or stadium may be classified as indoor, or outdoor, depending on the extent of its enclosure within a building or structure.
Art gallery means an establishment engaged in the sale, loan, or display of art books, paintings, sculpture, or other works of art.
Art studio means an establishment for preparation, display, and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, art photography, leather craft, hand-woven articles, and related items.
Art workshop means work space for artists or artisans.
Assembly plant, handcraft means a facility in which hand-crafted products are produced and assembled (i.e., ice cream, candy, jewelry, millinery, clothing, pottery, etc.).
Assembly plants means commercial facilities of up to ten thousand (10,000) SF of gross floor area, in which components are pieced together to form a finished product, and where ten (10) percent or less of the gross floor area of the facility is devoted to fabrication of component parts. The term includes any area devoted to research or testing of the finished product or of any technologies, components or materials related to the assembly/production process.
Assembly, industrial means an industrial facility in which components are pieced together to form a finished product.
Attached communications facility and attached facility as used in Article IX, section 34-1070, et seq. and any zoning use matrix, shall mean a communications facility that uses an existing building or structure, as its support structure. For the purposes of this definition, the term structure shall include, without limitation: utility poles, signs, and water towers; however, the term shall exclude towers. Where reference is made to an attached facility, unless otherwise specified the reference will be deemed to include any accompanying pole or device ("attachment device") which attaches the antenna to the existing building or structure, any concealment element(s), as well as transmission cables and any equipment shelter which may be located either inside or outside the attachment structure.
Attachment structure as used in Article IX, section 34-1070, et seq. refers to the structure to which an attached communications facility is affixed.
Auditorium means a building, or portion thereof, designed or used for artistic performances or for civic, cultural, educational, political, social, religious gatherings and activities, or gatherings and activities of a similar nature.
Automatic teller machine (ATM) means a freestanding electronic banking machine. Where such a machine is part of the premises of a financial institution, it shall be considered a part of the financial institution and not a separate use.
Awning, for purposes of the city's sign regulations, means a shelter projecting from and supported by the exterior wall of a building constructed of non-rigid material on a supporting framework (compare "canopy").
Bakery, retail means an establishment engaged in the retail sale of baked goods for off-site consumption.
Bakery, wholesale means an establishment primarily engaged in the preparation of baked goods for wholesale or institutional distribution.
Banner for purposes of the city's sign regulations, means cloth, paper, or material of any kind intended to attract attention.
BAR refers to the board of architectural review created by the city pursuant to Code of Virginia § 15.2-2306 to administer the provisions of the city's historic district regulations.
Base flood means the flood having a 1% chance of being equaled or exceeded in any given year. Also known as "regulatory flood," the "one-hundred-year flood," and the "one-percent-annual-chance flood."
Base station means a structure or equipment at a fixed location that enables FCC-licensed or authorized communications between user equipment and a communications network. The term does not encompass a tower or any equipment associated with a tower.
Basement means a portion of the building partly underground, but having more than half its clear height below the average grade of the adjoining ground. When used within the city's floodplain management regulations (see Article II, Division 1), the term "basement" means any area of a building or structure having its floor sub-grade (below ground level) on all sides.
Bed and breakfast ("B & B") means a temporary lodging facility operated within a residential dwelling, which is owner occupied and managed or having a resident manager; having no more than eight (8) guest rooms; and wherein food service shall be limited to breakfast and light fare.
Bed and breakfast (Inn) means temporary lodging facility operated within a residential dwelling; which is owner occupied and managed or having a resident manager, having no more than (15) guest rooms; and wherein food service may be provided.
Bedroom this term shall have the same meaning as provided within the Uniform Statewide Building Code, except as follows: where any number of required parking spaces, or a restriction applicable to a particular dwelling unit, is based on a specified number of bedrooms, any bedroom (i) that is larger by thirty (30) percent or more than the average size of the other bedrooms in a dwelling unit, or (ii) that has more than one (1) means of ingress/egress, shall be counted as two (2) bedrooms for purposes of calculating parking requirements.
Beverage or food processing plants means a manufacturing facility where foods and/or beverages are processed and packaged for local, regional or national distribution. This definition does not include a facility engaged in the brewing and bottling of beverages (see brewery and bottling facilities).
BFE, or base flood elevation means the water surface elevations of the base flood in relation to the datum specified on the FIS/FIRM; that is, the flood level that has a 1% or greater chance of occurrence in any given year.
Boarding and grooming, animal means any premises, including, without limitation, kennels, in which or upon which more than five (5) dogs or more than five (5) cats over six (6) months of age are kept for any purpose.
Boarding house means a building, or portion thereof, other than a hotel, which contains three (3) or more guest rooms designed or intended to be used, let or hired out for occupancy, for monetary compensation, where the rental or leases are for definite periods of time. Meals may or may not be provided, but there is one (1) common kitchen facility. No meals are provided to outside guests. Also commonly known as a rooming house.
Boarding, fraternity and sorority house means a building, or portion thereof, which contains three (3) or more guest rooms, designed or intended to be used as a place of room/board for members of a fraternity or sorority officially recognized by a college or university. Meals may or may not be provided, but there is one (1) common kitchen facility.
Body shop, automobile means a facility, other than a parking garage, designed or used for the repair, replacement and/or restoration of the body and/or chassis parts of motor vehicles, including collision repairs, in which mechanical repairs are performed only as is incidental and necessary to such body work.
Brewery means a facility in which beer is manufactured by a person licensed by the Commonwealth of Virginia as a brewery.
Brewery (small) means a brewery (i) that produces fewer than 30,000 barrels per year of beer, and (ii) the brewery sells directly to the consumer on-site within a retail shop, bar, tasting room, tap-room, restaurant, or other similar facility.
Brewery and bottling facility means a manufacturing facility where beverages are brewed and bottled for local, regional or national distribution. Samples may be offered to individuals visiting the premises, for on-site consumption, but there are no retail or other sales directly to consumers within any tap-rooms, bars, restaurants, or other similar facility.
Buffer means a strip of land, which may or may not have trees and shrubs planted for screening purposes, designed to set apart and protect one (1) space or activity from an adjacent space or activity.
Build-to-zone is the area between the minimum and maximum allowable setbacks along a street frontage. A building façade may be required to maintain a minimum percentage in the build-to-zone, measured based on the width of the building divided by the width of the lot. Minor deviations such as recessed entries, recessed balconies, and architectural features are considered to be at the same setback as the building façade immediately adjacent to those features.
Building means any structure having a roof supported by columns or walls.
Building permit refers to the approval required under the Uniform Statewide Building Code for or in connection with the construction, reconstruction, alteration, repair or conversion of certain buildings and structures. This permit is obtained from the city's building code official.
Building, principal means a building in which is conducted the principal use of the lot on which it is located. Where a lot contains residential uses, the principal building on the lot shall mean the largest building that contains any dwelling unit.
Building setback line means a line establishing the minimum required distance between the wall of a building and the nearest adjacent lot line.
By right means a use permitted or allowed in the district involved which complies with the provisions of these zoning regulations and other applicable ordinances and regulations.
Caliper means a measure of tree size, determined by measuring the diameter of the tree at a point: six (6) inches above the root ball, at the time of planting, or twelve (12) inches above the ground, for established trees.
Campus means an area of land constituting and making up the grounds of a college or university containing the main building(s).
Canopy for purposes of the city's sign regulations, means a permanent, roof-like structure of rigid materials supported by and extending from a building, including marquees and port coachers (drive-under canopies).
Car wash means any facility, whether manual, automatic or self-service, where, for compensation, the washing of vehicles including cars, vans and pick-up trucks is conducted. It includes auto dealer preparation and detailing, and non-government facilities for the cleaning of fleet vehicles. This definition does not include facilities that wash or steam clean engines, buses, horse/cattle trailers, tankers or tractor-trailers. A manual car wash is a facility where cleaning is performed by employees of the facility. An automatic car wash is a facility where cleaning is primarily performed by machines (including drive-through facilities), but which may include some labor performed by employees of the facility. A self-service car wash is one in which cleaning equipment and facilities (such as water and soap) are available for use by members of the public, including, without limitation, coin-operated equipment and facilities.
Carport means a space outside a single-family or two-family dwelling, and contiguous thereto, wholly or partially covered by a roof but without side enclosure(s), used for the shelter of motor vehicles.
Carrier on wheels (COW) means a portable, self-contained wireless facility that can be moved to a location and set up to provide wireless communications services on a temporary or emergency basis.
Catering business means any place or operation that prepares or stores food for distribution to persons of the same business operation, or a related business operation, for service to the public, including, but not limited to operations preparing or storing food for push-cart operations, hotdog stands and other mobile points of service.
Cemetery means any land or structure used or intended to be used for the interment of human remains, either by earth burial, entombment in a mausoleum, inurnment in a columbarium, or a combination thereof.
Certificate of appropriateness refers to a permit issued by a board created by the city pursuant to Code of Virginia § 15.2-2306 to administer the provisions of the city's historic architectural design control, or entrance corridor overlay district regulations.
Certificate of occupancy refers to the approval required under the Uniform Statewide Building Code prior to the use or occupancy of certain buildings and structures. This permit is obtained from the city's building code official.
Change of use means any use which substantially differs from a previous use of a building structure, or property.
Child or children means except where otherwise specifically limited, the terms "child" or "children" shall refer to any person(s) under the age of eighteen (18) years.
Clinic, health and clinic, medical means any building, or portion thereof, in which the primary use is the provision of health care services to clients for compensation. This term "health care services" shall include medical, dental, and mental health services, and other services delivered by providers who are certified or licensed by any of the health regulatory boards within the State Department of Health Professions (except the board of funeral directors and embalmers, or the board of veterinary medicine). The term shall include ambulatory care facilities, outpatient clinics, and similar uses.
Clinic, public health means any building, or portion thereof, in which the primary use is the provision of health care services to indigent persons by any public or nonprofit agency or organization.
Club means a building, or portion thereof, used by a corporation, association, or other grouping of persons for private social, civic, educational or recreational purposes, and to which access is restricted to members of such group.
Cluster development means a residential development designed in a manner that, without exceeding the density allowed within an applicable zoning district, concentrates lots in specific areas and allows the remaining, unoccupied land to be used for common open space.
Collocation , for purposes of Article IX, section 34-1070, et seq. shall mean the mounting or installation of antennas on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
Commission and planning commission refer to the Charlottesville Planning Commission, created by the city in accordance with Code of Virginia § 15.2-2210 and charged with promoting the orderly development of the city and its environs.
Communications facility for purposes of Article IX, section 34-1070, et seq. means any antenna used by any commercial, governmental, public or quasi-public user(s). Where reference is made to a communications facility, unless otherwise specified or indicated by context, such reference will be deemed to include any base station, tower or other support structure on which the antenna or other communications equipment is mounted, any concealment element(s), and any attachment device and other equipment referenced within 47 C.F.R. § 4.0001(b)(1)(i), (ii), and any associated equipment shelter.
Comprehensive Plan refers to the plan prepared and recommended by the planning commission, and adopted by the city council, in accordance with the requirements of Title 15.2, Chapter 22, Article 3 (§ 15.2-2223 et seq. ) of the Virginia Code, to guide and accomplish a coordinated, adjusted and harmonious development of land within the city in a manner which will, in accordance with present and probable future needs and resources, best promote the health, safety, morals, order, convenience, prosperity and general welfare of the city's inhabitants.
Concealment element means an architectural feature or treatment (paint, for example), landscaping, screening or other means or method of rendering a communications facility invisible, or minimally visible, from adjacent streets and properties, as may be required by Article IX, section 34-1070 et seq.
Condominium means a multiple dwelling or development containing individually owned dwelling units and jointly owned and shared areas and facilities, which dwelling or development is subject to the provisions of state and local laws.
Consumer service business means a business primarily engaged in the provision of a service in the nature of a personal or household convenience, such as: acupuncturist; beauty salons and barbershops, bicycle sales and service; television and appliance repair and rental; book stores; dressmakers and tailors; dry-cleaning outlets; florists; massage therapists; optical centers; pawnshops; photocopy centers; photography studios; stationery stores/printshops; express mail and mailbox services; salons and day-spas; shoe repair; jewelers; travel agencies, etc. This definition does not include any business offering a service to the public, where such business is separately listed by name within the use matrix for any zoning district.
Contractor or tradesman's shop (HAZMAT) means contracting or trade operations involving millwork with industrial lathe, heavy equipment, automated tools, or dipping or refinishing of furniture, or similar processes in which any hazardous materials or industrial tools or machinery are utilized or generated.
Contractor or tradesman's shop, general means building or service industry contractors, including: carpentry, electrical, masonry, metalworking, cabinetmaking, flooring installation, duct work, plumbing, heating, air conditioning, electrical, framing or similar light work.
Contributing structure, as used within Article II, Division 2 (Historical Preservation and Architectural Design Control Overlay Districts) and Division 5 (Historic Conservation Overlay Districts), and when referring to a building or structure located within a Major Design Control District identified within section 34-272 or within a Conservation District identified within section 34-337 thereof, means a building or structure that, by location, design, setting, materials, workmanship, feeling or association adds to the district's sense of time and place and historical development.
Convent means an association or community of recluses devoted to a religious life under a superior; a body of monks, friars, or nuns, constituting one (1) residential community. Includes also "monastery."
Crematory means a furnace for cremating human remains, or a building, or portion thereof, containing such a furnace. Also commonly known as a crematorium. Where permitted as a stand-alone facility, the term shall also be construed to include a facility for the cremation of pet remains.
Criminal justice facility means a residential facility operated by the Department of Criminal Justice Services (DCJS), or a contractor of DCJS, or by a local criminal justice agency. The term includes juvenile detention facilities, adult jails and correctional facilities, halfway houses, and similar residential accommodations for delinquent juveniles or adult offenders.
Datacenter also commonly referred to as a hosting site, hosting center or application service provider (ASP), this is a specialized computer service business that houses electronic web sites and provides data-serving and other services for compensation. This type of facility may contain a network operations center (NOC), a restricted access area containing automated systems that constantly monitor server activity, Web traffic, and network performance for irregularities.
Daycare facility means a facility where, during the absence of a parent or guardian, a person or organization provides supervision and care to a child under the age of thirteen (13) for less than a twenty-four-hour period, and where such care is offered to (i) two (2) or more children under the age of thirteen (13), in a location that is not the residence of the provider of any of the children in care; or (ii) to thirteen (13) or more children at any location. For purposes of this zoning ordinance, the term includes facilities commonly known as childcare center, day care, daycare center, nurseries, playschools, preschools and nursery schools. The term excludes the following: school extended-day enrichment programs; family day homes; an educational facility (other than preschools and nursery schools) unless such facility is providing day care center outside of regular classes; and care provided by a religious institution or organization, or a facility operated by a religious institution or organization, during short periods of time while the parents or guardians of the children are attending religious services.
Detached, when pertaining to structures, means the absence of a physical connection to a structure by a structural element or feature.
Development means a tract of land developed or to be developed as a unit under single ownership or unified control which is to be used for any commercial or industrial purpose or is to contain three (3) or more residential dwelling units. As the term is used within the city's floodplain management regulations (see Article II, Division 1), it shall also mean any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or storage of materials or equipment.
Dormitory means a building, or portion thereof, owned or operated by an educational facility, which provides boarding-house style accommodations exclusively to students, faculty and employees of such institution.
Drive-in window means a facility designed to provide access to commercial goods (including foods and beverages), products and services for customers remaining in their motor vehicles.
Driveway means a form of private vehicular access from a public street, private road or alley to the interior of a lot or parcel of land.
Dry-cleaning establishment means a facility where dry-cleaning of clothing and household textiles for consumers is performed.
Dry-cleaning outlet is a facility where clothing and household items are received from consumers, and returned for pick-up by consumers, but at which no dry-cleaning processes are performed. This term shall exclude businesses falling within the definition of a "laundry."
DUA is an acronym for the phrase "dwelling units per acre," which phrase describes the residential density of development of a particular building, parcel or development.
Duplex means a two-family dwelling or a series of single-family attached dwellings containing two (2) dwelling units.
Dwelling means a building, or portion thereof, serving as a residence for any persons.
Dwelling unit means a building, or any portion thereof, containing a complete set of living accommodations suitable for occupancy by one (1) or more persons, consisting of sleeping, bathroom, and complete kitchen facilities for the exclusive use of such occupants, and having either direct access from the outside of the building or through a common hall to the outside of the building.
Dwelling, multifamily (MFD) means a building, or portion thereof, arranged or designed to contain three (3) or more dwelling units.
Dwelling, single-family attached (SFA) means a building containing a single dwelling unit, where such building is attached or connected to one other similar building by a common party wall, and where each individual dwelling unit is designed and constructed so as to permit its sale as an individual unit.
Dwelling, single-family detached (SFD) means a freestanding building containing a single dwelling unit, i.e., a building that has no attachment or connection by a common party wall to another similar building.
Dwelling, townhouse (TH) refers to any one (1) of a series of single-family attached dwellings, under single or multiple ownership, separated from one another by continuous vertical walls without openings from basement floor to roof. "Series" refers to a row of three (3) or more townhouse dwellings.
Dwelling, two-family (TFD) means a building, or portion thereof, arranged or designed to be occupied by two (2) families, having only two (2) dwelling units.
Easement means a right possessed by the owner of one parcel of land to use the land of another for a special purpose not inconsistent with the general property rights of that owner.
Educational facility means an institution of learning, having a faculty, a student body, and prescribed courses of study.
Educational facility, artistic means an educational facility devoted to the study of the arts, such as music, drama, film, dance, etc.
Educational facility, college and university means an educational facility that is authorized to award diplomas for completion of post-secondary degree programs.
Educational facility, elementary means an educational facility for children attending any of the following grades: kindergarten through eighth grade.
Educational facility, high school means an educational facility authorized to award diplomas for completion of secondary education.
Educational facility, vocational means a secondary or higher education facility primarily teaching usable skills that prepare students for jobs in a trade and meeting the state requirements as a vocational facility.
Elderly housing means a multifamily residential housing development for persons sixty-two (62) years of age or older, or for the disabled, that is funded by the U.S. Department of Housing and Urban Development, by the U.S. Department of Agriculture, or by the Virginia housing Development Authority. The term excludes assisted living facilities and nursing homes.
Electronic gaming café means a business where persons utilize electronic machines to conduct games, contests, lotteries, schemes, or promotional offerings. The machines include, but are not limited to, computers and gaming terminals. Electronic gaming cafés do not include amusement centers, as defined in section 34-1200. The sale of Virginia Lottery tickets does not, by itself, establish an electronic gaming café. All games, contests, lotteries, schemes, or promotional offerings must be lawfully conducted in accordance with Code of Virginia, § 18.2-325.1, as amended.
Elevated building means, when used within the city's floodplain management regulations (see Article II, Division 1), a non-basement building constructed so that its lowest floor is elevated above ground level by means of solid foundation perimeter walls, pilings, or columns (posts and piers).
Eligible facility means an eligible support structure proposed to be modified in a manner that does not result in a substantial change, and such modification involves: (i) collocation of transmission equipment, (ii) removal of transmission equipment; or (iii) replacement of transmission equipment. As used in Article IX, section 34-1070 et seq. of this chapter, the term "eligible facility request" means a request seeking a determination that the proposed modification of an existing tower or base station is an eligible facility.
Eligible support structure means any tower or base station that is existing at the time of an eligible facility request. For the purposes of this definition, a constructed tower or base station is "existing", if it has been reviewed and approved under the applicable zoning or siting process, or another state or local regulatory review process (provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition).
Encroachment. When used within the city's floodplain management regulations (see Article II, Division 1), the term shall mean the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.
Equipment shelter for purposes of Article II, section 34-240, et seq. means an enclosed structure or housing, including cabinets and sheds, located at the base of a communications facility mount, within which is housed equipment for the facility, including such items as batteries, backup power supply, electrical equipment, base transceiver stations, etc.
ERB refers to the Entrance Corridor Review Board created by the city council pursuant to Code of Virginia § 15.2-2306 to administer the city's entrance corridor overlay district regulations.
Existing structure means, when used within the city's floodplain management regulations (see Article II, Division 1), buildings and structures for which the start of construction occurred prior to June 15, 1979.
Exterior architectural appearance means the architectural character, general composition and general arrangement of the exterior of a building structure, including the kind, color and texture of the building material and type and character of all exterior windows, doors, light fixtures, signs and appurtenances.
FAA means the Federal Aviation Administration.
Family for purposes of the city's zoning ordinance, refers to persons residing together as a single housekeeping unit. See "occupancy, residential."
Family day home means a child care program serving one (1) to twelve (12) children under the age of thirteen (13) (exclusive of the provider's own children and any children who reside in the home), where such program is offered in the residence of the provider or the residence of any of the children in care. Any program serving more than twelve (12) children shall be considered a child daycare facility.
Farm sales means the sale of agricultural or horticultural produce or merchandise produced on a farm, conducted by the farmer or members of his family. Sales of items not produced the person engaged in such sales activity shall be limited to companion items intended to be used with the agricultural or horticultural produce or merchandise (such as canning jars, pumpkin carving kits, gift baskets, wreath making supplies, floral arranging supplies, potting soil, pots, pruning shears, gardening gloves, etc., but not including farm machinery and equipment [except hand tools], building materials, furniture or other like items).
Farmers' market means an existing parking area used periodically by two (2) or more farmers only for the sale of agricultural or horticultural produce or merchandise produced on their farms.
FCC means the Federal Communications Commission.
Fill area means a location at which soil or inert materials is placed on a site within the floodplain.
FEMA means the Federal Emergency Management Agency.
Financial institution means provision of financial and banking services to consumers or clients. Walk-in and drive-in services are generally provided on site. Typical uses include banks, savings banks, credit unions, lending establishments, and automatic teller machines. See consumer service business.
FIRM, or flood insurance rate map means the flood insurance rate map prepared by FEMA for Albemarle County, Virginia and incorporated areas and the independent City of Charlottesville, dated February 4, 2005, and subsequent revisions or amendments thereto. This document is an official map of the city established by FEMA on which FEMA has delineated both the special flood hazard areas and the risk premium zones applicable to the land within the jurisdictional boundaries of the City of Charlottesville. The term shall include the digital version of such FIRM provided by FEMA, referred to as a Digital Flood Insurance Rate Map (DFIRM). The FIRM accompanies the FIS; whenever reference is made to the "FIRM", or to "FIS/FIRM" such references shall include information and data included within the FIS.
FIS, or flood insurance study means the Flood Insurance Study dated February 4, 2005, prepared by FEMA for Albemarle County, Virginia and incorporated areas and the independent City of Charlottesville, and any subsequent revisions or amendments thereto. This study is a report provided by FEMA, containing information and maps, that compiles and presents flood risk data for specific flood hazard areas within the city. The FIS examines, evaluates and determines flood hazards and, if appropriate, corresponding water surface elevations. The FIS is commonly referred to as being accompanied by the FIRM; whenever reference is made to the "FIS" or to "FIS/FIRM" such references shall include information and data included within the FIRM.
Flag means non-governmental flags are deemed to be signs and shall be subject to the provisions of this chapter. The official flags of the federal, state, county or municipal governments are not deemed to be signs.
Flood control works for purposes of Article II, section 34-240, et seq. means any man-made construction, such as a dam, levee, groin, or jetty designed to alter the flood potential of the body of water on or adjacent to which it is built.
Flood hazard boundary map (FHBM) means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood areas have been defined as "Zone A."
Flood or flooding means, when used within the city's floodplain management regulations (see Article II, Division 1), a general and temporary condition of partial or complete inundation of normally dry land areas from: (i) the overflow of inland or tidal waters, and (ii) the unusual and rapid accumulation of runoff of surface waters from any source, including, without limitation: the collapse or subsidence of land along the shore of a lake or other body of water, as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature such as flash flood, or by some similarly unusual and unforeseeable event. The terms shall also include mudflows which are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
Floodplain means "SFHA or special flood hazard area.
Flood proofing means any combination of structural and non-structural additions, changes, or adjustments to properties structures which will reduce or eliminate flood damage to improved real property, water and sanitary sewer facilities, structures and contents of buildings or structures. Whenever documentation of the elevation to which structures have been floodproofed is required, such documentation shall show such elevation in relation to the datum specified on the city's FIS/FIRM.
Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved to carry and discharge the base flood without increasing the water surface elevation more than one (1) foot at any point. The area within a floodway shall be either (a) areas defined in the FIS and shown on the accompanying FIRM, or (b) established in accordance with methods and procedures specified in section 34-255.
Floodway fringe means that portion of the floodplain that lies between the floodway and the outer limits of the floodplain, as designated in the flood study/map prepared by FEMA dated February 4, 2005 (as amended).
Floor means the top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.
Floor area, gross (GFA) means the sum of all the horizontal areas of the several floors of a building, measured from the interior faces of exterior walls. GFA shall include: (i) basements, elevator shafts and stairwells at each story, (ii) spaces used or occupied for mechanical equipment and having a structural head room of six (6) feet six (6) inches or more, (iii) penthouses, (iv) attic space, whether or not a floor has actually been laid, having a structural head room of six (6) feet six (6) inches or more, (v) interior balconies, and (vi) mezzanines. GFA shall not include outside balconies that do not exceed a projection of six (6) feet beyond the exterior walls of the building; parking structures below or above grade; or and roof top mechanical structures.
Floor area ratio (FAR) is a dimensional measurement determined by dividing the gross floor area of all buildings on a lot by the area of that lot.
Freestanding communications facility means any tower.
Frontage means the continuous uninterrupted distance along which a parcel abuts an adjacent road or street.
Functional classification rating means the characterization of a particular highway or street as one (1) of several types, or classes, of roads (such classes indicating the character of the traffic carried by the street, i.e., local or long-distance, and the degree of land-access the street allows), with reference to a rating system established by the Federal Highway Administration (FHWA) and implemented by the Virginia Department of Transportation (VDOT). For urban areas such as the City of Charlottesville, highways and streets will generally fall into one (1) of four (4) classes: urban principal arterial streets, minor arterial streets, collector streets, and local streets. Where a zoning determination turns on whether one (1) street has a higher functional classification rating than another, the street that provides for greater through-travel between major trip generators shall be deemed the one (1) with the higher classification rating (for example, a principal arterial street is a higher functional classification than a local street).
Funeral home means a building used for the preparation of a corpse for burial or the preparation of a corpse for cremation, which may also be used for funeral services.
Garage, accessory means a building designed or used for the storage of automobiles, boats and trailers, owned or used only by occupants of the building to which it is accessory, and in which no business activity is conducted.
Garage, mixed-use means a building for the parking of automobiles, which (i) encloses at least forty-five (45) percent of the parking area, (ii) has ramps which are not visible from the exterior of the structure, and (iii) contains at least one (1) permitted use, other than parking, on the street-level floor of the building or structure.
Garage, parking means a building used or intended to be used for the off-street parking of operable vehicles on a temporary basis, other than an accessory garage.
Gas station means a business where gasoline or diesel fuel is stored, housed and sold for supply to motor vehicles, and may include accessory motor vehicle servicing within the principle building.
GFA: See "floor area, gross."
Golf courses means any golf course, publicly or privately owned, on which the game of golf is played, including accessory uses and buildings customary thereto, but excluding golf driving ranges as defined herein.
Golf driving range means a limited area on which golf players do not walk, but onto which they drive golf balls from a central driving tee.
Grade means, with reference to a building or structure: the average level of the ground adjacent to the exterior walls of the building. In a case where walls are parallel to and not more than fifteen (15) feet from a sidewalk, the grade may be measured at the sidewalk.
Greenhouse means see "nursery."
Guest room means a portion of a building hired out for use as lodging and which does not contain a complete set of living accommodations. A guest room does not include dormitory rooms located on a college or university campus or owned or operated by a college or university.
Hardware store means A facility having thirty thousand (30,000) or fewer square feet of gross floor area, primarily used for the retail sale of various basic hardware items, such as tools, builder's hardware, plumbing and electrical supplies, paint and glass, house wares and household appliances, garden supplies and cutlery; if greater than thirty thousand (30,000) square feet, such a facility is a "home improvement center."
Health/sport club means a building or portion of a building designed and equipped for the conduct of sports, exercise, recreational, therapeutic or athletic activities, whether or not under instruction, such as but not limited to: tennis and other court games, swimming, aerobics, and weightlifting but excluding such uses as: bowling alley, billiard hall, bingo, miniature golf, amusement center and dance hall.
High intensity discharge lamp means a mercury vapor lamp, a metal halide lamp and a sodium lamp (high pressure and low pressure).
Highest adjacent grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a building or structure.
Historic structure means, when used within the city's floodplain management regulations (see Article II, Division 1), any structure that is: (i) listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on such National Register; (ii) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district; (iii) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (iv) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior, in states without approved programs.
Home improvement center means a retail sales facility having a gross floor area of more than thirty thousand (30,000) square feet, primarily engaged in the retail or trade sale of various hardware and home improvement products.
Home occupation means any occupation or business activity which is clearly incidental and secondary to the lawful residential occupancy of a dwelling. The activities of a home occupation may be conducted, wholly or in part, only within such dwelling, or within an accessory building.
Homestay means a home occupation in which an individual who owns a dwelling and uses it as his or her permanent residence within a dwelling hires out, as lodging: (i) such dwelling, or any portion thereof, or (ii) a lawful accessory dwelling.
Hospital means any facility licensed by the state commissioner of health (other than a nursing home) in which the primary function is the provision: of diagnosis, of treatment and of medical and nursing services (surgical or non-surgical) for two (2) or more persons, including facilities known as sanatoriums; sanitariums; and general, acute, rehabilitation, chronic disease, short-term, long-term, outpatient surgical, and inpatient or outpatient maternity hospitals.
Hotel/motel means a building, or portion thereof, or any group of buildings, containing or providing guest rooms used, rented or hired out to be occupied for sleeping purposes on a transient basis (i.e., by the day or week). This definition includes facilities commonly known as motor lodges, motor courts, and convention centers. The following are excluded from this definition: bed-and-breakfasts, rooming/boarding houses, and homestays.
Hotel/motel, convention center means a facility designed to accommodate five hundred (500) or more persons and used for conventions, seminars, product displays, recreation activities, and entertainment functions, along with accessory functions including temporary outdoor displays and food and beverage preparation and service for on premise consumption. Also commonly known as
Hydrologic and hydraulic engineering analysis means analyses performed by a professional engineer licensed by the Commonwealth of Virginia, in accordance with standard engineering practices that are accepted by the Virginia Department of Conservation and Recreation and FEMA, used to determine the base flood, other frequency floods, BFEs, floodway information and boundaries, and flood profiles.
Industrial equipment service and repair means an establishment involved in the repair of heavy equipment, including any vehicle with more than two (2) axles.
Janitorial service means an business primarily engaged in furnishing building cleaning and maintenance services to clients, such as restaurant or laboratory cleaning, window cleaning, floor waxing and office cleaning, and where materials, supplies and service vehicles may be stored.
Kennel means any premises, including, without limitation, animal boarding and grooming facilities, in which or upon which more than five (5) dogs or more than five (5) cats over six (6) months of age are kept for any purpose.
Kiosk means a freestanding structure upon which temporary information and/or posters, notices, and announcements are posted, or a freestanding building with one (1) or more open sides from which commercial activities are conducted.
Laboratory, medical means a building or part thereof devoted to bacteriological, biological, x-ray, pathological and similar analytical or diagnostic services to medical doctors or dentists including incidental pharmaceutics, and the production, fitting and/or sale of optical or prosthetic appliances.
Laboratory, pharmaceutical means a building or part thereof devoted to the testing, analysis and/or compounding of drugs and chemicals for ethical medicine or surgery, not involving sale directly to the public.
Lamp means the term "lamp" means the component of a luminaire that produces light. A lamp is also commonly referred to as a bulb.
Land coverage refers to the area of a lot or development site that is occupied by the following: buildable lots, buildings, structures, improved parking, driveways, alleys, sidewalks and streets, and other improvements.
Landscape service means an business engaged in the provision of yard and garden maintenance services to clients, usually consisting of an office and other buildings or structures for storage of inventory, equipment, and vehicles. The term shall not include or allow any dump heap, landfill, or any other form or repository of construction or demolition debris.
Laundromat means a facility where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by the patron.
Laundry/laundries means a facility that launders, washes or otherwise cleans (including, without limitation, dry-cleaning processes) clothing, uniforms, towels, sheets, linens, rugs or other cloth or textile items, for commercial customers.
Library means a public facility for the use, but not sale, of literary, musical, artistic, or reference materials.
Loading space means a space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks.
Lodging means a building, or a portion of a building (including, without limitation, any guest room) that is used or advertised for transient occupancy.
LOMC or letter of map change means an official FEMA determination, given by letter, that amends, revises or reviews the effective FIS/FIRM for the city. Letters of map change include: LOMAs, LOMRs, and CLOMRs, which are described as follows:
LOMA or letter of map amendment means an amendment based on technical data showing that a property was incorrectly included in a designated SFHA. A LOMA amends or revises the effective FIRM and establishes that an area of land, as described with reference to specific metes and bounds, or a building or structure, is not located in an SFHA.
LOMR or letter of map revision means a revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. A letter of map revision based on fill (LOMR-F) is a determination that a building, structure or parcel of land has been elevated by fill above the BFE and is, therefore, no longer exposed to flooding associated with the base flood; in order to qualify for a LOMR-F, the fill must have been permitted and placed in accordance with the city's floodplain management regulations.
CLOMR or conditional letter of map revision means a formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements with respect to delineation of SFHAs. A CLOMR does not revise the effective FIS/FIRM.
Lot means a parcel of land that is either shown on a recorded subdivision plat or described by metes and bounds or other legal description.
Lot, corner means a lot abutting upon two (2) or more street rights-of-way at their intersection.
Lot, depth of means the mean horizontal distance between the front and rear lot line.
Lot, double frontage means a lot having a frontage on two (2) nonintersecting street rights-of-way as distinguished from a corner lot.
Lot frontage means a portion or portions of a lot abutting street right-of-way.
Lot, interior means a lot with frontage on but one (1) street right-of-way.
Lowest floor means the floor of the lowest enclosed area (including basement) of a building or structure. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of applicable non-elevation design requirements of the city's floodplain management regulations.
Lumen means the term "lumen" means a standard unit of measurement of luminous flux.
Luminaire means the term "luminaire" means a complete lighting unit consisting of a lamp or lamps together with the components designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply. A luminaire is also commonly referred to as a light-fixture.
Luminaire, full cutoff means the term "full cutoff luminaire" means an outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected downward (below the horizontal plane).
Luminaire, outdoor means a luminaire which is permanently installed outdoors including, but not limited to, devices used to illuminate any site, structure, or sign, except that it does not include an internally illuminated sign.
Mall means (1) a shaded walkway or promenade for pedestrian travel, and/or (2) a shopping center where stores front on both sides of a pedestrian way that may be enclosed or open.
Manufacture or manufacturing refers to the transformation of materials into an article or product of substantially different character or use.
Manufactured home means a structure constructed to federal standards, as described within Code of Virginia § 36-85.16, transportable in one (1) or more sections, and, which is built on a permanent chassis and designed for use as a dwelling, with or without a permanent foundation, when connected to the required utilities. The term includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. For purposes of the city's floodplain management regulations the term "manufactured home" also means recreational vehicles (e.g., park trailers, travel trailers, and other similar vehicles) placed on a site located within an SFHA for greater than one hundred eighty (180) consecutive days.
Manufactured home park or manufactured home subdivision. When used within the city's floodplain management regulations (see Article II, Division 1), the term shall mean a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
Manufacturing, light refers to facilities for the mass manufacture of: rugs, mattresses, pillows, quilts, millinery, hosiery, clothing, and fabrics; for the compounding of cosmetics, toiletries, drugs and pharmaceutical products; and other similar uses.
Marquee for purposes of the city's sign regulations, means a projecting structure over an entrance to a building, such as a theater or motel, and generally designed and constructed to provide protection against the weather.
Medical center means establishment wherein medical care is provided by more than two (2) doctors on an outpatient basis as distinguished from a hospital.
Microbrewery means a facility for the production and packaging of malt beverages of low alcoholic content for distribution, retail, or wholesale, on or off premise, with a capacity of not more than fifteen thousand (15,000) barrels per year. The development may include other uses such as a standard restaurant, bar or live entertainment as otherwise permitted in the zoning district.
Micro-producers means a microbrewery, microwinery, or microdistillery, in which twenty-five (25) percent or more of the facility's production is sold directly to the consumer on-site, within a retail shop, bar, tasting room, tap-room, restaurant, or other similar facility.
Microdistillery means a facility for the production and packaging of distilled spirits for distribution, retail, or wholesale, on or off premise, with a capacity of not more than five thousand (5,000) gallons per year. The development may include other uses such as a standard restaurant, bar or live entertainment as otherwise permitted in the zoning district.
Microwinery means a facility for the production and packaging of wine for distribution, retail or wholesale, on- or off-premise, with a capacity of not more than five thousand (5,000) gallons per year. The development may include other uses such as a standard restaurant, bar or live entertainment as otherwise permitted in the zoning district.
Mixed use development means a building or project containing residential uses in combination with commercial and/or institutional uses. No use that is or will be merely accessory to, or ancillary to, a residential use shall qualify as a commercial or industrial use, for purposes of this definition.
Mobile food unit means a readily movable wheeled vehicle or a towed vehicle designed and equipped for the preparation, service and/or sale of food.
Movie theater, cineplex means complex structures with multiple movie theaters, each theater capable of providing performances independent of the others in the complex.
MSL or mean sea level means an elevation point that represents the average height of the ocean's surface, such as the halfway point between the mean high tide and the mean low tide, which is used as a standard in reckoning land elevation.
Museum includes all collections open to the public, of artistic, technical, scientific, historical or archaeological material, including zoos and botanical gardens, but excluding libraries, except in so far as they maintain permanent exhibition rooms
Music hall means any place or business open to the general public on a regular basis where music concerts are provided and/or dancing is permitted, for which an admission fee is charged or for which compensation is in any manner collected, directly or indirectly, by cover charge or otherwise. Foods or beverages may be purchased by or served to patrons on premises incidentally to the music hall's stated primary function as defined herein.
National Geodetic Vertical Datum (NGVD) means is a vertical control used as a reference for establishing varying elevations within the floodplain.
New construction means, when used within the city's floodplain management regulations (see Article II, Division 1), and for the purposes of determining insurance rates, construction of improvements to real property, for which the start of such construction commenced on or after June 15, 1979, and includes any subsequent improvements to such structures.
NFIP means the National Flood Insurance Program.
Non-conforming lot means a lawful lot of record existing on the effective date of the zoning regulations applicable to the district in which the lot is located, that does not comply with the minimum applicable size or other lot requirements of that district.
Non-conforming structure means a lawful structure existing on the effective date of the zoning regulations applicable to the district in which the structure is located, that does not comply with the minimum applicable bulk, height, setback, floor area or other dimensional requirements applicable to structures within that zoning district.
Non-conforming use means a lawful principal use of a lot, existing on the effective date of the zoning regulations applicable to the district in which the use is located, or a more restricted use, that does not comply with applicable use regulations of that district.
Nursery means a business engaged in the retail sale of plants and horticultural and gardening supplies materials.
Nursing home means a residential facility, or identifiable component of a residential facility, for which the licensing authority is the state health commissioner/department of health, and in which the primary function is the provision of nursing services and health-related services for the treatment and inpatient care of two (2) or more non- related individuals. Such facilities are also variously known as convalescent homes, skilled nursing facilities, skilled care facilities, intermediate care facilities, extended care facilities, and nursing or nursing care facilities.
Occupancy, residential for purposes of this zoning ordinance, this term refers to the number of persons who may reside together within one (1) dwelling unit, as a single housekeeping unit. Each of the following shall be deemed a single housekeeping unit: (i) one (1) person; (ii) two (2) or more persons related by blood or marriage, together with any number of their children (including biological children, stepchildren, foster children, or adopted children); (iii) two (2) persons unrelated by blood or marriage, together with any number of the children of either of them (including biological children, stepchildren, foster children, or adopted children); (iv) within certain designated university residential zoning districts: up to three (3) persons unrelated by blood or marriage; (v) within all other residential zoning districts: up to four (4) persons unrelated by blood or marriage; (vi) group homes, residential facilities and assisted living facilities, as defined in the Code of Virginia, § 15.2-2291, which are licensed by the department of social services or the department of behavioral health and developmental services and which are occupied by no more than eight (8) mentally ill, mentally retarded, developmentally disabled, aged, infirm, or disabled persons together with one (1) or more resident counselors; or (vii) a group of persons required by law to be treated as a single housekeeping unit, in accordance with the Federal Fair Housing Act, or a similar state law.
Occupancy, transient means the use of any building or structure, or portion thereof, as overnight accommodations for any individual(s) for any period(s) of thirty (30) or fewer consecutive days, in return for a fee or charge. No transient occupancy shall be deemed or construed as being a residential use of any dwelling, or portion thereof.
Office means any building, or portion thereof, in which the primary use is the conduct of a business such as (i) accounting, correspondence, research, editing, administration or analysis; (ii) the activities of a salesman, sales representative or manufacturer's representative, where no product inventory is maintained or delivered to purchasers on-site; and (iii) the activities of professionals such as engineers, architects, land surveyors, artists, lawyers, accountants, real estate brokers, insurance agents and landscape architects. This definition excludes medical offices and employment offices.
Office, employment means any building, or portion thereof, at which day-labor services are solicited or arranged.
Office, medical means any building, or portion thereof, in which the primary use is the practice of dentistry or medicine.
Open space refers to land or water areas left in undisturbed natural condition and unoccupied by any building lots, buildings, structures, streets, driveways, alleys, improved parking, sidewalks, and other improvements.
Open storage yard refers to the outdoor storage of lumber, or of construction materials or equipment. The term "construction materials" does not include any construction or demolition debris or waste materials.
Outside runs or pens when referring to facilities associated with animal boarding/grooming facilities, animal shelters, kennels, or veterinary clinics, shall mean and refer to any outdoor areas and facilities in which animals are exercised, boarded, groomed or otherwise kept or cared for.
Owner means the holder of title in fee simple; and/or any person, group of persons, company, association or corporation in whose name tax bills on the property are submitted. For the purposes of this chapter, the owner of premises on which a sign is located is presumed to be the owner of the sign unless acts to the contrary are officially recorded or otherwise brought to the attention of the zoning administrator.
Parking lot means a parking area for automobiles which is not an accessory use to a building or structure on the same lot.
Person means and includes any individual, corporation, partnership, association, company, business, trust, joint venture or other legal entity.
Philanthropic institution/agency means and refers to an organization holding legal non-profit status (i.e., 401(c)(3) certification; or state or local tax-exempt status) that has as its purpose (i) the provision of health care or other services to elderly, disabled, indigent or other disadvantaged persons, or (ii) the study of matters of public, political or civic interest (e.g., institutions sometimes referred to as "think tanks," and similar organizations).
Photography and photographic studio means a facility engaged in the retail sales, lease and service of photography equipment and supplies, including limited on-site process or development.
Planned unit development means a form of development characterized by unified site design, intended to allow for a variety of housing types and densities, clustering of buildings, common open space, and/or a mix of building types and land uses, in which project planning and density calculations are performed for the entire development rather than on an individual lot basis.
Portable storage container means a portable, weather-resistant receptacle designed and used for the temporary storage or shipment of materials, household goods, wares or merchandise. The term shall not include containers used for the collection of solid waste by the city.
Premises means a single lot, or an area of multiple, contiguous lots under common ownership, along with any building(s) or structure(s) occupying it.
Principal establishment means the business which occupies the most square footage on a parcel of land as compared to all other businesses situated on the same parcel. No more than one (1) business per parcel may be considered the principal establishment.
Proffer means a written condition offered by a person who has applied for a zoning map amendment that imposes a regulation or requirement that is in addition to the zoning district regulations otherwise applicable to property which is the subject of the application.
Public authority means any agency or body, any official or any representative of local, state or federal government.
Radio and television broadcasting station means an establishment engaged in transmitting oral and visual programs to the public and that consists of a studio, transmitter, and antennas.
Recreational vehicle. When used within the city's floodplain management regulations (see Article II, Division 1), the term shall mean a vehicle which is: built on a single chassis; four hundred (400) square feet or less when measured at the largest horizontal projection; designed to be self-propelled or permanently towable by a light duty truck; and designed primarily as temporary living quarters for recreational camping, travel, or seasonal use and not for use as a permanent dwelling. A recreational vehicle is deemed ready for highway use if it is on wheels or a parking system, is attached to a site only by quick-disconnect type utilities or security services, and has no permanent attached additions.
Research and testing facility means a facility for conducting scientific or engineering tests on materials, parts, and products, not involving sales directly to the public.
Residence, permanent means residential occupancy of a dwelling unit by the same individual(s) for a period of more than thirty (30) consecutive days.
Residential treatment facility means a residential facility in which no more than eight (8) persons reside, together with one (1) or more resident counselors or other resident staff person(s), and for which either (i) the Department of Mental Health, Mental Retardation and Substance Abuse Services, or (ii) in the case of a children's residential facility, as defined with Code of Virginia § 63.2-100, the Department of Social Services is the state licensing authority.
Responsible party means an individual or business entity designated by the owner of a dwelling in which a homestay is conducted, who will be available twenty-four (24) hours a day, seven (7) days a week, to respond to and resolve issues and complaints that arise during a period of time in which the dwelling is being used for transient occupancy. The responsible party must be located not more than thirty (30) miles from a homestay at the time of a transient occupancy, so that a reasonably prompt, in-person response can be made at the homestay when necessary.
Restaurant means any place of business wherein foods or beverages are provided for human consumption. The term restaurant includes, without limitation: lunchrooms, cafeterias, coffee shops, cafes, taverns, delicatessens, hotel dining rooms, dinner theaters, soda fountains, and dining accommodations of public or private clubs. A fast food restaurant is one at which patrons order and receive food orders at a counter or window for consumption either on or off-premises. A full service restaurant is one at which patrons are seated at tables or booths, where food orders are taken at and delivered to such tables/booths by wait staff. This definition excludes: bakeries; bed-and-breakfast facilities; catering businesses (where food is prepared for consumption at another site); places that manufacture packaged or canned foods for distribution to grocery stores or other, similar food retailers for sale to the public; facilities licensed by the Department of Agriculture; snack bars and refreshment stands at public recreation facilities, operated for the convenience of patrons of the facility; concession stands at youth athletic activities, if such stands are promoted or sponsored by either a youth athletic association or a charitable nonprofit organization; or any facility exempt from state licensure requirements pursuant to Code of Virginia § 35.1-25. Entertainment for restaurant patrons which is clearly incidental to the restaurant's primary function as defined herein, such as the playing of a piano or other non-amplified music, is permitted.
Restaurant, all-night means a restaurant that remains open between the hours of 2:00 a.m. and 6:00 a.m. on any day(s).
Rooming house: See boarding house.
School means any building or part thereof which is designed, constructed, or used for education or instruction in any branch of knowledge.
Screening means landscaping that physically and visually separates different uses, or that shields uses from adjacent property or uses.
Service, medical refers to work performed by an individual or business entity within the scope of the practice of medicine, dentistry and mental health services, and other health care providers who are certified or licensed by any of the health regulatory boards within the State Department of Health Professions (except the board of funeral directors and embalmers and the board of veterinary medicine).
Service, professional refers to work performed by an individual or business within the scope of the practice of accounting, actuarial services, architecture, engineering, or law.
Setback. See "yard". For purposes of Article IX, section 34-1070, et seq. when referencing the support structure for a communications facility, the term setback shall refer to the required distance from the center of the support structure to the applicable property line of the parcel on which the communications facility is located.
SFHA or special flood hazard area means an area of land subject to a 1% or greater chance of being flooded in any given year, the boundaries or dimensions of which shall be as identified within the city's FIS/FIRM or as determined by the city's floodplain administrator in accordance with the provisions of Article II, Division 1 of this chapter.
Shelter care means a building, or portion thereof, used for the provision of emergency overnight shelter for homeless, indigent and other disadvantaged persons, and associated services, such as: crisis intervention, counseling, service referral, hotline, and similar social service functions.
Shopping center means a commercial development consisting of two (2) or more retail stores, usually one (1) store deep, that fronts on a major street for a distance of one (1) city block or more.
Shopping mall: See "mall."
Sidewalk cafe means an establishment serving food and/or beverages on public sidewalk space, pursuant to a permit issued under Chapter 28 of the City Code.
Sign means a structure, wall or other object, or portion thereof visible from the public right-of-way, used for the display of any information or message, including without limitation, any device, structure, fixture or placard using graphics, symbols and/or written copy; provided, however, that this definition shall not include works of art or temporary holiday decorations.
Sign area means the entire face of a sign, including the advertising surface and any framing, trim or molding, but not including the supporting structure.
Sign, awning means a sign painted on, printed on or attached flat against the surface of an awning or canopy.
Sign, back lit or halo means a sign consisting of individual letters with opaque faces and returns, usually mounted on a wall surface. A lighting source is mounted on the back of the letters so that it is not directly visible, but illuminates the wall surface behind the opaque letter.
Sign, café means a sign associated with and located within or attached to an outdoor café, for the purposes of café identification, display of menus, or other information related to the operation of the café.
Sign, canopy means a sign attached to or displayed on a canopy.
Sign, changeable copy means a sign or part of a sign that is designed so that characters, letters or illustrations can be changed or rearranged without altering the face or surface of the sign.
Sign, channel letters means a sign consisting of individual letters usually mounted on a wall surface. The letters may have translucent faces that are internally illuminated, in which case no light shall spill outward from the top, bottom, sides or back.
Sign, development means a sign that only contains the name of a subdivision, a residential building or development
Sign face means the area or display surface used for the message, not including the support structure.
Sign, freestanding means a sign which is supported by structures or supports in or upon the ground and independent of any support from any building.
Sign, internally illuminated means a sign with a translucent face, and a concealed light source that shall not spill outward except from the face.
Sign, marquee means a sign attached to a marquee, including a reader-board.
Sign, monument means a sign built on-grade in which the sign area and the structure are an integral part of one another. Sign, nonconforming means any sign or sign structure which was existing on the effective date of the most recent ordinance amending this section, which has a valid permit issued in accordance with previous regulations, but which would not now be permitted.
Sign, off-premises means a sign identifying and/or advertising an establishment, merchandise, service activity or entertainment which is not located, sold, produced, manufactured or furnished at the developed site on which said sign is located.
Sign, pole mounted means a sign which is mounted on one (1) freestanding pole or similar support.
Sign, political campaign means a temporary sign relating to the election of a person to public office, or a political party, or a matter to be voted upon at an election called by a duly constituted public body.
Sign, portable means any sign other than a temporary sign, banner or sandwich board sign not permanently affixed to a building, structure or ground. This category includes, but is not limited to, signs attached to or placed on vehicles displayed on a vehicle which is used primarily for the purpose of such display, and similar devices used to attract attention. This shall not include identification signs on vehicles identifying the owner of the vehicle, or bumper stickers.
Sign, projecting means any sign, other than a wall sign, awning or marquee sign, which is affixed to a building and is supported only by the wall on which it is mounted.
Sign, readerboard means a sign structure on which copy, graphics, etc. can be changed manually in the field or automatically through mechanical or electrical means, including but not limited to an electronic display.
Sign, roof means a sign erected or constructed, in whole or part, upon or above the highest point of a building with a flat roof, or the lowest portion of a roof (i.e., eave line) for any building with a pitched, gambrel, gable, hip or mansard roof.
Sign, sandwich board, means an A-frame sign with two (2) faces that is periodically placed directly in front of the place of business that it advertises, and must be removed during non-business hours.
Sign, temporary means a sign designed or intended to be displayed for a specified period of time.
Sign, wall means a sign attached to a wall, or painted on or against a flat vertical surface of a building in such a manner that the wall becomes the supporting structure for, or forms the background structure of, the sign.
Sign, window means all signs permanently or temporarily affixed to the interior or exterior of a window or door.
Single room occupancy (SRO) facility means a residential building or buildings which contain multiple single room dwelling units. Each unit is for occupancy by no more than two (2) individuals and must meet the building code's minimum floor area standards and have a maximum square footage of four hundred fifty (450) square feet. The unit must contain food preparation and sanitary facilities. The facility must provide counseling and training for social, behavioral, and job seeking/training skills for residents.
Skateboard park means a building, structure, or open area containing or developed with slopes, hills, passageways, and other challenges where people using skateboards may practice the sport for a fee; rental or sale of skateboards and related equipment may be included.
Solar energy system means equipment used primarily for the collection and use of solar energy for water heating, space heating or cooling, or other application requiring an energy source.
Stadium/arena: See "arena/stadium."
Start of construction. When used within the city's floodplain management regulations (see Article II, Division 1), the term shall mean the date a building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within one hundred eighty (180) days of the date on which the building permit was issued. Actual start shall be interpreted to refer to the first placement of permanent construction of a building or structure on a site (e.g., the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation) or the placement of a manufactured home on a foundation. Relative to the substantial improvement of a building or structure within an SFHA, the actual start shall be interpreted to refer to the first alteration of any wall, ceiling, floor, or other structural part of a building or structure, whether or not that alteration affects the external dimensions of the building or structure. Permanent construction excludes land preparation (e.g., clearing, grading, and filling); installation of streets and/or walkways; excavation for basements, footings, piers, or foundations; erection of temporary forms; and installation of accessory buildings and structures, such as garages or sheds not designed for use as a permanent dwelling or not part of the main building or structure on the site.
Story means that portion of a building, other than the basement, included between the surface of any floor and the surface of the floor next above it; and, if there is no floor above it, the space between the floor and the ceiling next above it.
Street means a public or private thoroughfare which affords principal means of access to abutting property.
Streetwall means the facade of a building fronting along a street.
Structure means anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground. This includes, among other things: dwellings, buildings, etc. When used within the city's floodplain management regulations (see Article II, Division 1) includes a building or other structure, including, without limitation, a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. For the purpose of determination of setback, signs shall be excluded as structures.
Subdivision means the division or redivision of land into lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership.
Substantial change , for purposes of Article IX, section 34-1070 et seq., means a modification of an existing tower or base station, if (i) for a tower outside a public right-of-way: the modification increases the height of the tower by more than ten (10) percent, or by the height of one (1) additional antenna array with separation from the nearest antenna not to exceed twenty (20) feet, whichever is greater; and, for a tower located within a public right-of-way, and for a base station: the increases the height of the tower or base station by more than ten (10) percent or ten (10) feet, whichever is greater; (ii) for a tower outside a public right-of-way: the modification protrudes from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; and, for a tower located within a public right-of-way, and for a base station, it protrudes from the edge of the structure more than six (6) feet; (iii) the modification involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; (iv) the modification entails any excavation or deployment outside the current site of the tower or base station; (v) the modification would defeat the existing concealment elements of the tower or base station; or (vi) the modification does not comply with conditions associated with the prior approval of construction or modification of the tower or base station (provided that this limitation does not apply to any modification that is non-compliant only in a manner that does not exceed the thresholds identified in (i)—(iv) preceding above). As used in this definition, the term "site" means: for towers other than towers in a public right-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and for other eligible support structures: further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
Substantial damage means, when used within the city's floodplain management regulations (see Article II, Division 1) damage of any origin sustained by a building or structure, whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the fair market value of the structure.
Substantial improvement means, when used within the city's floodplain management regulations (see Article II, Division 1), any repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure: (i) the cost of which equals or exceeds 50% of the fair market value of the building or structure before the start of construction of the improvement, or (ii) such building or structure has incurred substantial damage, regardless of the actual work performed. The term does not, however, include either: (i) any project for improvement of a building or structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (ii) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. Historic structures undergoing any repair or rehabilitation that would constitute a "substantial improvement" as such term is used for purposes of the city's floodplain management regulations, must comply with all floodplain management regulations that do not preclude the structure's continued designation as a historic structure. Documentation that a specific floodplain management regulation will cause removal of the structure from the National Register of Historic Places or the state inventory of historic places must be obtained from the Secretary of the Interior or the state's historic preservation officer.
Substantially improved existing manufactured home parks means a manufacture home park in which the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equal or exceeds fifty (50) percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.
Support structure means for purposes of Article IX, section 34-1070, et seq. means a structure (other than an attachment structure) designed and constructed specifically to support a communications facility, and may include alternative towers, monopole towers, self-supporting or lattice towers, and other similar structures.
Technology-based business refers to a business such as computer component assembly; computer software development/testing; financial service company; graphic design firm; research laboratory or other research facility, and similar businesses, where: (i) the use has no more than a minimal adverse environmental impact, including noise, odor, light, glare, traffic or vibration, when measured at the nearest property line; and (ii) all operations, including storage, are house completely within an enclosed building.
Temporary family health care structure means a transportable residential structure providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person that (i) is primarily assembled at a location other than its site of installation, (ii) is limited to one (1) occupant who shall be the mentally or physically impaired person, (iii) is no more than three hundred (300) gross square feet in area, (iv) complies with the applicable provisions of the Industrialized Building Safety Law and the Uniform Statewide Building Code, as amended, and (v) is not placed on a permanent foundation.
Theater means a building, or portion thereof, used for dramatic, operatic, motion picture, or other performances.
Tower refers to a structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities.
Tower, guyed means a monopole or lattice tower support structure that is secured and stabilized by diagonal cables (guy wires) anchored to the ground or other surface.
Tower, lattice means a support structure that is self-supporting with multiple legs and cross-bracing of structural steel.
Tower, self-supporting means a support structure that is self-supporting with a single shaft of wood, steel or concrete and antennas or other communications facilities at the top. Structures commonly referred to as "monopoles" are included in this definition.
Towing service means a business engaged in the moving of motor vehicles, typically consisting of an office area used for administration and dispatch activities and an area for parking and temporary storage of tow-trucks and automobiles that have been moved by such business.
Transit facility means a facility used or intended to be used as an area for the loading, unloading, and interchange of transit passengers. Typical uses include bus terminals, rail stations, and passenger related mass transit facilities.
Transmission equipment means equipment that facilitates transmission for any FCC-licensed or authorized wireless communications service, including, but not limited to antennas, radio receivers, co-axial or fiber-optic cable, and regular and backup power supply.
Tree canopy or tree cover means all areas of coverage by plant material exceeding five (5) feet in height, and the extent of planted tree canopy at ten (10) or twenty (20) years maturity, as applicable. Planted tree canopy at maturity shall be based on published reference texts generally accepted by landscape architects, nurserymen and arborists, i.e., in the Manual of Woody Landscape Plants by Michael A. Dirr (4th edition, 1990).
USACE means the United States Army Corps of Engineers
USBC or uniform statewide building code means the effective version of the Virginia Uniform Statewide Building Code, and building regulations adopted and promulgated pursuant thereto, applicable to a specific development or construction activity.
Utilities means all lines and facilities that provide for the transmission, transfer, distribution, collection, transmission, or disposal of water, storm and sanitary sewage, oil, gas, power, information, telecommunications and telephone cable, and includes facilities for the generation of electricity.
Utility facilities means and refers to the following: sewage treatment plants, sewer pumping stations, water treatment plants, water pumping stations, gas regulator facilities, gas distribution facilities, incinerators and electric power transformer substations, and utility transmission line alignments and towers owned by public service corporations but which are not governed by city franchise arrangements.
Utility pole , for purposes of Article IX, section 34-1070 et seq. means a structure owned or operated by a public utility, municipality, electric membership corporation, or similar entity, that is designed specifically for and used to carry lines, cables, or wires for telephone, cable television, electricity, or to provide street lighting.
VADEQ means the Virginia Department of Environmental Quality.
Variance means, in the application of the zoning ordinance, a reasonable deviation from those provisions regulating the size or area of a lot or parcel of land, or the size, area, bulk, or location of a building or structure, when the strict application of the ordinance would result in unnecessary or unreasonable hardship to the property owner, and such need for a variance would not be shared generally by other properties, and provided that such variance is not contrary to the intended spirit and purpose of the ordinance and would result in substantial justice being done. It shall not include a change in use.
Veterinary hospital means a place where animals are given medical care administered by one (1) or more professionals licensed by the State Board of Veterinary Medicine, and where boarding of animals is limited to short-term care incidental to such hospital care. Also commonly known as a "veterinary clinic."
Visitable, when used in reference to a residential dwelling, means that such dwelling is wheelchair-friendly, to the extent that: (i) one (1) exterior entrance is constructed at-grade, or is served by a ramp, and (ii) on the same floor as is served by the wheelchair-accessible entrance, there is at least one (1) bathroom with sufficient space in which a wheelchair may maneuver, i.e., a minimum of thirty (30) inches by forty-eight (48) inches (exclusive of the space over which the door swings) of unobstructed floor area.
Warehouse means a commercial or industrial building or structure used for storage and inventory of goods and materials.
Watercourse means a natural or artificial channel through which water flows, including, without limitation: any lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically, as well as any specifically designated areas of special flood hazard, in which substantial flood damage may occur.
Welding or machine shop means a commercial or industrial building in which machines, machine parts, or other metal products are fabricated.
Wholesale business means an establishment for the sale and distribution of goods and merchandise to a retailer for resale, as opposed to sale directly to the public.
Working day means and refers to a day that is not a Saturday, Sunday or other day on which Charlottesville City Hall is closed to the public.
Yard refers to the distance between the exterior facade of a building or any projection thereof (other than steps, unenclosed balconies and uncovered unenclosed porches) and an adjacent property line. The term "required yard," where used within this zoning ordinance, refers to the minimum distance required by the regulations of a particular zoning district to be unobstructed by any building, structure, or projection thereof (other than steps), extending the full length of the adjacent property line. Also commonly referred to as "setback," "required setback," and "building setback line."
Yard, front means a yard extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street right-of-way line and the main building or any projection thereof other than steps. On corner lots, the front yard shall be considered as being adjacent to the street on which the lot has its least dimension.
Yard, rear means a yard extending across the rear of a lot between side lot lines and being the minimum horizontal distance between the rear lot lines and the rear of the main building or any projection other than steps. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.
Yard, side means a yard between the building and the side line of the lot and extending from the front lot line to the rear yard line and being the mum horizontal distance between a side line and the side of the main building or any projections thereof other than steps.
Zoning administrator means an employee in the department of neighborhood development services designated by the director of neighborhood development services to administer and enforce the provisions of this chapter.
(9-15-03(3); 6-6-05(2); 11-21-05; 1-17-06(6); 9-5-06; 11-6-06(3); 11-19-07(2); 2-19-08; 4-21-08(2); 3-16-09(2); 3-16-09(3); 4-20-09; 7-20-09(2); 7-20-09(3); 7-19-10; 10-4-10(2); 10-18-10(1); 1-18-11; 11-21-11(3); 5-6-13(2); 7-20-15(2), § 1; 9-8-15(2); 12-21-15(2); 3-21-16, § 8; 9-6-16, § 3; 10-2-17, § 1; 12-18-17, § 4)
This table gives the location within this Code of those sections of the 1976 Code, as updated through July 3, 1989, which are included herein. Sections of the 1976 Code, as supplemented, not listed herein have been omitted as repealed, superseded, obsolete or not of a general and permanent nature. For the location of ordinances adopted subsequent thereto, see the table immediately following this table.
|
1976 Code
Section |
Section
this Code |
| 1-1, 1-2 | 1-1, 1-2 |
| 1-3 | 1-7 |
| 1-4 | 1-3 |
| 1-5—1-7 | 2-101—2-103 |
| 1-8, 1-9 | 2-1, 2-2 |
| 1-10 | 1-11 |
| 2-1—2-4 | 2-6—2-9 |
| 2-5 | 2-36 |
| 2-5.1 | 2-37 |
| 2-6, 2-7 | 2-38, 2-39 |
| 2-7.1 | 2-40 |
| 2-8—2-16 | 2-41—2-49 |
| 2-17—2-31 | 2-66—2-80 |
| 2-32, 2-33 | 2-96, 2-97 |
| 2-34 | 2-100 |
| 2-35 | 1-8 |
| 2-36 | 2-99 |
| 2-37 | 2-98 |
| 2-38—2-41 | 2-121—2-124 |
| 2-42 | 11-3 |
| 2-43 | 2-4 |
| 2-44 | 2-158 |
| 2-45 | 2-146—2-152 |
| 2-154—2-157 | |
| 11-1 | |
| 2-46 | 2-153 |
| 2-47 | 11-36, 11-37 |
| 2-48 | 11-38 |
| 2-49 | 11-37 |
| 11-39 | |
| 2-55, 2-56 | 11-61, 11-62 |
| 2-57—2-63 | 11-64—11-70 |
| 2-63.1 | 11-8 |
| 2-64—2-66 | 11-91—11-93 |
| 2-68—2-72 | 11-94—11-98 |
| 2-73—2-75 | 2-181—2-183 |
| 2-76 | 2-211 |
| 2-77—2-79 | 2-213—2-215 |
| 2-80 | 2-212 |
| 2-88 | 2-236 |
| 2-89 | 2-237, 2-238 |
| 2-90 | 2-239—2-241 |
| 2-91 | 2-243 |
| 2-92 | 2-242 |
| 2-244 | |
| 2-93—2-97 | 2-267—2-271 |
| 2-98—2-101 | 2-296—2-299 |
| 2-102—2-108 | 2-321—2-327 |
| 2-109—2-111 | 2-341—2-343 |
| 2-112, 2-113 | 2-366, 2-367 |
| 2-114 | 2-386, 2-387 |
| 2-115—2-118 | 2-388—2-391 |
| 2-119—2-125 | 11-126—11-132 |
| 2-134—2-139 | 2-416—2-421 |
| 3-1, 3-2 | 3-1, 3-2 |
| 4-1—4-8 | 4-2—4-9 |
| 4-9, 4-10 | 4-10 |
| 4-11 | 4-14 |
| 4-12 | 4-11 |
| 4-12.1 | 4-13 |
| 4-13 | 4-38 |
| 4-14 | 4-40 |
| 4-15 | 4-36 |
| 4-16 | 4-36, 4-37 |
| 4-17 | 4-39 |
| 4-18—4-21 | 4-63 |
| 4-22—4-29 | 4-64—4-71 |
| 4-30, 4-31 | 4-61, 4-62 |
| 5-1 | 5-26 |
| 5-1.1 | 5-27 |
| 5-2 | 5-28 |
| 5-3.1 | 12-1 |
| 5-3.2 | 5-3 |
| 5-4, 5-5 | 5-56, 5-57 |
| 5-6 | 5-2 |
| 5-64 | |
| 5-87 | |
| 5-90 | |
| 5-7 | 5-87 |
| 5-8 | 5-93 |
| 5-97 | |
| 5-9 | 5-93, 5-94 |
| 5-10 | 5-95 |
| 5-11 | 5-88, 5-89 |
| 5-12 | 5-91, 5-92 |
| 5-13 | 5-96 |
| 5-14 | 5-29 |
| 5-15 | 5-1 |
| 5-86 | |
| 5-16 | 5-32 |
| 5-17 | 5-58 |
| 5-18 | 5-32 |
| 5-19 | 31-7 |
| 5-20 | 5-58 |
| 5-21 | 5-93 |
| 5-22 | 5-31 |
| 5-23 | 5-30 |
| 5-24, 5-25 | 5-60 |
| 5-26 | 5-61 |
| 5-27 | 5-33 |
| 5-28, 5-29 | 5-62 |
| 5-30 | 5-63 |
| 5-31—5-33 | 5-126—5-128 |
| 5-34—5-48 | 5-147—5-161 |
| 5-49 | 5-146 |
| 5.1-1 | 6-2 |
| 5.1-2.1 | 6-3 |
| 5.1-6, 5.1-7 | 6-4, 6-5 |
| 5.1-8.1 | 6-6 |
| 5.1-9 | 6-7 |
| 5.1-9.1 | 6-1 |
| 6-1 | 7-7 |
| 6-2, 6-3 | 7-1, 7-2 |
| 6-4 | 7-8 |
| 6-7.1 | 7-9 |
| 6-8 | 7-4 |
| 7-6 | |
| 6-9 | 7-3 |
| 7-5 | |
| 7-9 | |
| 6-11, 6-12 | 7-10, 7-11 |
| 8-1 | 9-1 |
| 8-2 | 9-26—9-30 |
| 8-3 | 9-31 |
| 9-1 | 10-1 |
| 9-2 | 10-36 |
| 9-3 | 10-7 |
| 9-4 | 10-3 |
| 9-6, 9-7 | 10-36, 10-37 |
| 9-8 | 10-38—10-40 |
| 9-9 | 10-41 |
| 9-10 | 10-9 |
| 9-11 | 10-42 |
| 9-12 | 10-10 |
| 9-13 | 10-2 |
| 9-14 | 10-4—10-6 |
| 10-1 | 11-2 |
| 10-2 | 11-4 |
| 10-2-89 | 15-73 |
| 15-133 | |
| 10-3—10-5 | 11-5—11-7 |
| 10-6—10-9 | 30-61—30-64 |
| 10-9.1 | 15-73 |
| 30-65 | |
| 10-10—10-18 | 30-66—30-74 |
| 10-18.1 | 30-31, 30-32 |
| 10-18.2—10-18.4 | 30-33—30-35 |
| 10-18.6, 10-18.7 | 30-36, 30-37 |
| 10-19 | 11-63 |
| 10-20 | 30-161 |
| 10-21 | 30-163 |
| 10-22, 10-23 | 30-165, 30-166 |
| 10-24 | 30-162 |
| 10-25, 10-26 | 30-164, 30-165 |
| 10-27 | 30-167 |
| 10-28, 10-29 | 30-168 |
| 10-30, 10-31 | 30-169, 30-170 |
| 10-33, 10-34 | 30-171, 30-172 |
| 10-36—10-38 | 30-96—30-98 |
| 10-39 | 30-99, 30-100 |
| 10-40, 10-41 | 30-101, 30-102 |
| 10-41.1 | 30-103 |
| 10-42 | 30-104 |
| 10-44 | 30-371—30-373 |
| 10-45 | 30-396, 30-397 |
| 10-46 | 30-221 |
| 10-47 | 30-222 |
| 30-227 | |
| 10-48 | 30-227 |
| 30-228 | |
| 30-230 | |
| 10-49 | 30-229 |
| 10-50 | 30-223 |
| 10-51 | 30-225 |
| 10-52 | 30-224 |
| 10-53 | 30-226 |
| 10-54, 10-55 | 30-196, 30-197 |
| 10-56 | 15-37, 15-38 |
| 15-44—15-46 | |
| 10-57, 10-58 | 15-39, 15-40 |
| 10-59 | 15-41—15-43 |
| 15-48 | |
| 15-133 | |
| 10-59.1 | 15-50 |
| 10-60, 10-61 | 30-252, 30-253 |
| 10-62 | 30-255, 30-256 |
| 10-63, 10-64 | 30-259, 30-260 |
| 10-65, 10-66 | 30-257, 30-258 |
| 10-67 | 30-254 |
| 10-68 | 30-260 |
| 10-69 | 30-251 |
| 10-70—10-72 | 30-1—30-3 |
| 10-73 | 30-127 |
| 10-74 | 30-126 |
| 10-75—10-77 | 30-128—30-130 |
| 10-78 | 30-132 |
| 10-79 | 30-131 |
| 10-80—10-85 | 30-133—30-138 |
| 10-86—10-89 | 30-346—30-349 |
| 10-90, 10-91 | 30-282, 30-283 |
| 10-92, 10-93 | 30-286 |
| 10-94 | 30-287 |
| 10-94.1 | 30-288 |
| 10-95, 10-96 | 30-291, 30-292 |
| 10-97, 10-98 | 30-289, 30-290 |
| 10-99 | 30-293 |
| 10-100 | 30-285 |
| 10-101 | 30-284 |
| 10-102 | 30-292 |
| 10-103 | 30-281 |
| 11-1—11-3 | 12-26—12-28 |
| 11-4 | 12-3 |
| 17-9 | |
| 11-5 | 12-2 |
| 11-6.2 | 12-52 |
| 11-7 | 12-53 |
| 11-7.1 | 12-54 |
| 11-8, 11-9 | 12-55, 12-56 |
| 11-11, 11-12 | 12-57, 12-58 |
| 11-15 | 12-59 |
| 11-16 | 12-52 |
| 12-1 | 31-26 |
| 12-1.1 | 31-27 |
| 31-29 | |
| 31-31 | |
| 12-1.2, 12-1.3 | 31-30, 31-31 |
| 12-2.1, 12-2.2 | 31-34, 31-35 |
| 12-3, 12-4 | 31-56, 31-57 |
| 12-4.1 | 31-58 |
| 12-5, 12-6 | 31-59, 31-60 |
| 12-6.1 | 31-61 |
| 12-7 | 31-62 |
| 12-7.1 | 31-63 |
| 12-8.1 | 31-64 |
| 12-10.1 | 31-65 |
| 12-10.2 | 11-8 |
| 12-11 | 31-66 |
| 12-11.1 | 31-67 |
| 12-12, 12-13 | 31-68, 31-69 |
| 12-14, 12-15 | 31-36, 31-37 |
| 12-16 | 5-35 |
| 5-62 | |
| 12-17, 12-18 | 31-31, 31-32 |
| 12-19, 12-20 | 31-38, 31-39 |
| 12-21 | 31-33 |
| 12-22, 12-23 | 5-36, 5-37 |
| 12-24 | 5-34 |
| 14-1, 14-2 | 13-26 |
| 14-3, 14-4 | 13-27, 13-28 |
| 14-5—14-7 | 13-30—13-32 |
| 14-8 | 13-29 |
| 14-9, 14-10 | 13-33, 13-34 |
| 15-1 | 14-1 |
| 14-6 | |
| 15-2 | 14-4 |
| 15-3, 15-4 | 14-16, 14-17 |
| 15-5 | 14-2 |
| 15-6, 15-7 | 14-7, 14-8 |
| 15-8 | 14-18 |
| 15-9 | 14-9 |
| 15-10 | 14-12 |
| 15-11 | 14-20 |
| 15-12 | 14-19 |
| 15-13 | 14-15 |
| 15-14, 15-15 | 14-22, 14-23 |
| 15-16 | 14-21 |
| 15-17 | 14-5 |
| 15-18 | 14-10 |
| 15-19 | 14-3 |
| 15-20 | 14-14 |
| 15-20.1 | 14-13 |
| 15-21 | 14-11 |
| 15-110 | 14-46 |
| 15-111—15-118 | 14-48—14-55 |
| 15-119 | 14-47 |
| 16-1 | 15-3 |
| 16-2, 16-3 | 15-4 |
| 16-4 | 15-5 |
| 16-5 | 17-24 |
| 16-6, 16-7 | 15-6, 15-7 |
| 16-8 | 17-32 |
| 16-9 | 15-96—15-100 |
| 16-10 | 15-74 |
| 16-11 | 15-9 |
| 16-12 | 15-8 |
| 16-13 | 15-296—15-300 |
| 16-14 | 15-75 |
| 16-15 | 15-2 |
| 16-17—16-23 | 15-271—15-277 |
| 16-24—16-26 | 15-126—15-128 |
| 16-26.1 | 15-150 |
| 16-27 | 15-135 |
| 16-28 | 15-129 |
| 16-29 | 15-46 |
| 15-134 | |
| 16-30, 16-31 | 15-136, 15-137 |
| 16-32 | 15-130 |
| 16-33—16-42 | 15-138—15-147 |
| 16-43.1 | 15-301 |
| 16-43.2 | 15-132, 15-133 |
| 16-45 | 15-174 |
| 16-46, 16-47 | 15-171, 15-172 |
| 16-48 | 15-173, 15-174 |
| 16-49 | 15-176 |
| 16-50 | 15-179 |
| 17-21 | |
| 16-51 | 15-180 |
| 16-52 | 15-175 |
| 16-53, 16-54 | 15-177, 15-178 |
| 16-55 | 15-176 |
| 16-55.1 | 15-131 |
| 16-56 | 15-201 |
| 16-56.1 | 15-202 |
| 16-56.2—16-56.4 | 15-204—15-206 |
| 16-57 | 15-203 |
| 16-58, 16-59 | 15-148, 15-149 |
| 16-63.2—16-63.4 | 15-237—15-239 |
| 16-63.5(a) | 15-240 |
| 16-63.5(b) | 15-243 |
| 16-63.5(c) | 15-245 |
| 16-63.5(d) | 15-244 |
| 16-63.5(e)—16-63.5(g) | 15-247—15-249 |
| 16-63.5(h) | 15-246 |
| 16-63.5(i) | 15-242 |
| 16-63.6 | 15-241 |
| 16-63.7 | 15-250 |
| 16-63.8 | 15-236 |
| 16.1-1 | 16-1 |
| 16.1-1.1 | 16-2 |
| 16.1-2, 16.1-3 | 16-3, 16-4 |
| 16.1-4—16.1-6 | 16-7—16-9 |
| 16.1-7 | 16-6 |
| 16.1-8 | 16-5 |
| 17-1, 17-2 | 17-4, 17-5 |
| 17-3 | 17-3 |
| 17-4 | 17-1 |
| 17-5—17-9 | 17-16—17-20 |
| 17-10—17-13 | 17-7 |
| 17-14 | 33-8 |
| 17-15 | 17-33 |
| 17-16 | 17-10 |
| 17-17 | 27-26, 27-27 |
| 27-46—27-48 | |
| 17-18 | 17-8 |
| 17-19.1 | 3-26 |
| 17-19.2 | 3-44 |
| 17-19.3 | 3-61, 3-62 |
| 3-64 | |
| 17-19.4 | 3-63 |
| 3-65—3-68 | |
| 17-19.5 | 3-37 |
| 17-19.6 | 3-40 |
| 17-19.7 | 3-28 |
| 3-41, 3-42 | |
| 3-44 | |
| 3-70 | |
| 17-19.8 | 3-41 |
| 3-44 | |
| 17-19.9 | 3-30—3-37 |
| 17-19.10 | 3-27 |
| 3-69 | |
| 17-19.11 | 3-27 |
| 17-19.12 | 3-69 |
| 17-19.13 | 3-38 |
| 17-20 | 17-14 |
| 17-20.1 | 20-10 |
| 17-21 | 20-9 |
| 17-22, 17-23 | 17-11, 17-12 |
| 17-24 | 17-6 |
| 17-22, 17-23 | |
| 17-25 | 17-28 |
| 17-26 | 17-23 |
| 17-26.1 | 17-13 |
| 17-27 | 17-29 |
| 17-28 | 17-2 |
| 17-29—17-31 | 17-25—17-27 |
| 17-32 | 33-6 |
| 17-33 | 33-5 |
| 17-34 | 33-7 |
| 17-35 | 33-4 |
| 17-36, 17-37 | 33-2, 33-3 |
| 17-38, 17-39 | 17-35, 17-36 |
| 18-1 | 8-1—8-5 |
| 18-3 | 18-1 |
| 19-11 | 28-151 |
| 19-12 | 28-154 |
| 19-13, 19-14 | 28-156, 28-157 |
| 19-15 | 28-155 |
| 19-16—19-20 | 28-158—28-162 |
| 19-21 | 28-153 |
| 20-1 | 2-3 |
| 20-2 | 19-1 |
| 20-3 | 19-1 |
| 19-34 | |
| 20-4 | 19-31—19-33 |
| 19-35 | |
| 20-5 | 19-36 |
| 20-6—20-11 | 19-2—19-7 |
| 20-12 | 19-57—19-59 |
| 20-13, 20-14 | 19-60, 19-61 |
| 20-15, 20-16 | 19-63, 19-64 |
| 20-17 | 19-62 |
| 19-65 | |
| 20-18 | 19-66 |
| 20-19—20-21 | 19-91—19-93 |
| 20-21.1 | 19-94 |
| 20-22, 20-23 | 19-95, 19-96 |
| 20-24.1 | 19-97 |
| 20-25 | 19-98 |
| 20-27—20-29 | 19-99—19-101 |
| 20-29.1 | 19-102 |
| 20-30—20-32 | 19-103—19-105 |
| 20-32.1 | 19-106 |
| 20-33—20-38 | 19-107—19-112 |
| 20-39(a) | 19-136 |
| 19-140 | |
| 20-39(b), 20-39(c) | 19-137, 19-138 |
| 20-40, 20-41 | 19-139, 19-140 |
| 21-1 | 20-2 |
| 21-2 | 20-1 |
| 21-3, 21-4 | 20-3, 20-4 |
| 21-4.1 | 20-5 |
| 21-5 | 20-6 |
| 21-6 | 20-8 |
| 21-7 | 1-12 |
| 21-8 | 20-56—20-61 |
| 21-9—21-13 | 20-32—20-36 |
| 21-14—21-16 | 20-7 |
| 21-17 | 21-26 |
| 21-18 | 21-56 |
| 21-19 | 21-32 |
| 21-58—21-60 | |
| 21-63 | |
| 21-20 | 21-57 |
| 21-61, 21-62 | |
| 21-21 | 21-65 |
| 21-22 | 21-33 |
| 21-23 | 21-30 |
| 21-34 | |
| 21-24, 21-25 | 21-35, 21-36 |
| 21-25.1 | 21-37 |
| 21-26, 21-27 | 21-31 |
| 21-28 | 21-29 |
| 21-64 | |
| 21.1-1—21.1-3 | 22-1—22-3 |
| 21.1-4, 21.1-5 | 22-4 |
| 21.1-6 | 22-5 |
| 22-24 | |
| 21.1-7 | 22-7 |
| 21.1-8 | 22-9 |
| 21.1-9 | 22-23 |
| 21.1-10 | 22-52 |
| 21.1-11 | 22-10 |
| 21.1-12, 21.1-13 | 22-46, 22-47 |
| 21.1-14 | 22-25 |
| 21.1-15 | 22-11 |
| 21.1-16, 21.1-17 | 22-71, 22-72 |
| 21.1-18—21.1-21 | 22-76—22-79 |
| 21.1-22, 21.1-23 | 22-13, 22-14 |
| 21.1-24 | 22-17 |
| 21.1-25 | 22-15 |
| 21.1-26 | 22-73 |
| 21.1-27 | 22-18 |
| 22-74 | |
| 21.1-28 | 22-19 |
| 21.1-29, 21.1-30 | 22-21, 22-22 |
| 21.1-31 | 22-20 |
| 22-75 | |
| 21.1-32 | 22-53 |
| 21.1-33, 21.1-34 | 22-50, 22-51 |
| 21.1-35 | 22-49 |
| 21.1-35.1 | 22-54 |
| 21.1-36 | 22-6 |
| 21.1-37—21.1-41 | 22-96—22-100 |
| 21.1-42 | 22-99 |
| 21.1-43—21.1-45 | 22-126—22-128 |
| 21.1-46 | 22-8 |
| 21.1-47 | 22-12 |
| 21.1-48, 21.1-49 | 22-146, 22-147 |
| 21.1-50 | 22-149 |
| 21.1-51 | 22-152 |
| 21.1-52, 21.1-53 | 22-150, 22-151 |
| 21.1-54, 21.1-55 | 22-153, 22-154 |
| 21.1-56 | 22-148 |
| 22-2—22-4 | 23-2—23-4 |
| 22-6—22-8 | 23-5—23-7 |
| 23-2 | 17-30 |
| 23-3 | 26-28, 26-29 |
| 23-4 | 26-27 |
| 23-5 | 26-31 |
| 23-6 | 26-30 |
| 23-6.1 | 26-32 |
| 23-7 | 17-31 |
| 24-1 | 31-106 |
| 24-2 | 31-156 |
| 24-3.1 | 31-158 |
| 24-4 | 31-112 |
| 24-5 | 31-109 |
| 24-6 | 31-107 |
| 24-7 | 31-113 |
| 24-8, 24-9 | 31-120, 31-121 |
| 24-10 | 31-108 |
| 31-157 | |
| 24-11 | 31-191 |
| 24-12 | 31-186 |
| 24-13 | 31-192 |
| 24-14 | 31-189 |
| 24-14.1, 24-14.2 | 31-189, 31-190 |
| 24-14.3 | 31-193 |
| 24-19 | 31-217 |
| 24-20.1 | 31-218 |
| 31-220, 31-221 | |
| 31-224 | |
| 24-20.2 | 31-219 |
| 24-20.3 | 31-221 |
| 24-20.4 | 31-223 |
| 24-20.5 | 31-222 |
| 24-20.6 | 31-216 |
| 24-21—24-23 | 31-194—31-196 |
| 24-24 | 31-193 |
| 31-197 | |
| 24-26 | 31-188 |
| 24-27 | 31-225 |
| 24-28, 24-29 | 31-226 |
| 24-30 | 31-187 |
| 24.1-1 | 24-1 |
| 24.1-2—24.1-10 | 24-3—24-11 |
| 24.1-11 | 24-2 |
| 25-1 | 28-2 |
| 25-2 | 28-4 |
| 25-3 | 28-23 |
| 25-4 | 28-5 |
| 25-5 | 28-10 |
| 25-6 | 28-9 |
| 25-7—25-12 | 28-17—28-22 |
| 25-13 | 15-72 |
| 25-14—25-16 | 28-12—28-14 |
| 25-17 | 28-6 |
| 25-18 | 28-15 |
| 25-19—25-23 | 28-24—28-28 |
| 25-24 | 28-8 |
| 25-25 | 28-29 |
| 25-26.1 | 17-34 |
| 25-27 | 28-16 |
| 25-28 | 28-11 |
| 25-28.1[a], 25-28.1[b] | 28-212, 28-213 |
| 25-28.1[c], 25-28.1[d] | 28-214 |
| 25-28.1[e], 25-28.1[f] | 28-187, 28-188 |
| 25-28.1[g], 25-28.1[h] | 28-215, 28-216 |
| 25-28.1[i] | 28-186 |
| 25-29.1 | 28-51 |
| 25-30.1, 25-30.2 | 28-52, 28-53 |
| 25-31 | 28-54 |
| 25-32.1 | 28-55 |
| 25-33 | 28-56 |
| 25-34.1—25-34.3 | 28-57—28-59 |
| 25-35 | 28-60 |
| 25-36, 25-37 | 28-7 |
| 25-38—25-42 | 28-81—28-85 |
| 25-43—25-45 | 28-111—28-113 |
| 25-45.1 | 28-116 |
| 28-120 | |
| 25-45.2 | 28-117, 28-118 |
| 28-121—28-123 | |
| 28-125 | |
| 25-45.3 | 28-124 |
| 25-45.4 | 28-119 |
| 25-45.5 | 28-126 |
| 25-45.6 | 28-115 |
| 25-45.7 | 28-114 |
| 26.1-1—26.1-5 | 29-1—29-5 |
| 26.1-6 | 29-36 |
| 26.1-7, 26.1-8 | 29-39, 29-40 |
| 26.1-9—26.1-13 | 29-42—29-46 |
| 26.1-14—26.1-19 | 29-61—29-66 |
| 26.1-20—26.1-26 | 29-81—29-87 |
| 26.1-28—26.1-32 | 29-116—29-120 |
| 26.1-33 | 29-122 |
| 26.1-35 | 29-41 |
| 26.1-36 | 29-37 |
| 26.1-38 | 29-124 |
| 26.1-40, 26.1-41 | 29-125, 29-126 |
| 26.1-42 | 29-6 |
| 26.1-43 | 29-5 |
| 26.1-44 | 29-121 |
| 26.1-45 | 29-123 |
| 26.1-46 | 29-38 |
| 26.1-47 | 29-7 |
| 27-1 | 32-6 |
| 27-2 | 32-2 |
| 32-5 | |
| 27-3, 27-4 | 32-3, 32-4 |
| 27-6 | 32-1 |
| 32-41 | |
| 32-74 | |
| 27-7 | 32-41 |
| 32-74 | |
| 27-7.1 | 32-7 |
| 27-8 | 32-36 |
| 27-9 | 32-38 |
| 27-10 | 32-65 |
| 27-11 | 32-39 |
| 27-12 | 32-73 |
| 27-13 | 32-40 |
| 27-14 | 32-37 |
| 27-15 | 32-91 |
| 27-16.1 | 32-91, 32-92 |
| 27-17 | 32-93 |
| 27-18, 27-19 | 32-95, 32-96 |
| 27-20 | 32-94 |
| 27-22 | 32-66 |
| 27-23 | 32-68 |
| 27-24 | 32-71 |
| 27-25 | 32-67 |
| 27-26 | 32-70 |
| 27-27 | 32-72 |
| 27-28 | 32-69 |
| 27-29—27-31 | 32-61—32-63 |
| 27-32 | 32-65 |
| 27-34 | 32-64 |
| 28-1 | 31-101 |
| 28-2 | 31-110 |
| 28-3 | 31-114, 31-115 |
| 28-4 | 31-3, 31-4 |
| 28-5 | 31-6 |
| 28-6 | 31-5 |
| 28-7 | 31-2 |
| 29-1 | 31-102 |
| 31-104 | |
| 31-154 | |
| 29-1.1 | 31-152 |
| 29-1.2 | 31-103 |
| 29-2 | 31-153 |
| 29-3 | 31-155 |
| 29-5.1 | 31-158 |
| 29-5.2 | 11-8 |
| 29-5.3 | 31-159 |
| 29-6 | 31-161 |
| 29-7 | 31-105 |
| 29-7.1 | 31-160 |
| 29-8 | 31-122 |
| 29-9 | 31-118 |
| 29-11 | 31-117 |
| 29-12 | 31-151 |
| 29-13 | 31-117 |
| 31-123 | |
| 29-14 | 31-124 |
| 29-15 | 31-116 |
| 29-16 | 31-110, 31-111 |
| 29-17 | 31-119 |
| 29-18 | 31-256 |
| 29-19—29-24 | 31-259—31-264 |
| 29-25, 29-26 | 31-257, 31-258 |
| 30-1 | 25-27 |
| 30-2, 30-3 | 25-26, 25-27 |
| 30-4—30-6 | 25-29—25-31 |
| 30-6.1 | 25-28 |
| 30-7 | 25-2 |
| 30-8.1 | 25-1 |
| 30-9—30-11 | 25-56—25-58 |
| 30-12 | 25-59, 25-60 |
| 25-62 | |
| 30-13 | 25-61 |
| 30-14 | 25-63 |
| 30-15 | 25-86 |
| 30-16 | 25-107, 25-108 |
| 30-17—30-19 | 25-109—25-111 |
| 31-1, 31-2 | 34-1, 34-2 |
| 31-3 | 34-4 |
| 31-4 | 34-15 |
| 31-5 | 34-14 |
| 31-6 | 34-16 |
| 31-8, 31-9 | 34-18, 34-19 |
| 31-10 | 34-8 |
| 31-11—31-17 | 34-136—34-142 |
| 31-17.1 | 34-143 |
| 31-18—31-24 | 34-166—34-172 |
| 31-24.1 | 34-173 |
| 31-25—31-28 | 34-196—34-199 |
| 31-28.1 | 34-200 |
| 31-29—31-32 | 34-221—34-224 |
| 31-33 | 34-201 |
| 31-33.1 | 34-202 |
| 31-34 | 34-203 |
| 31-35—31-41 | 34-251—34-257 |
| 31-42 | 34-282 |
| 31-43 | 34-281 |
| 31-44—31-46 | 34-283—34-285 |
| 31-47 | 34-307 |
| 31-48 | 34-306 |
| 31-49—31-51 | 34-308—34-310 |
| 31-52, 31-53 | 34-326 |
| 31-54—31-75 | 34-327—34-348 |
| 31-76—31-82 | 34-376—34-382 |
| 31-83—31-89 | 34-406—34-412 |
| 31-90—31-96 | 34-436—34-442 |
| 31-97—31-100 | 34-461—34-464 |
| 31-100.1 | 34-465 |
| 31-101—31-103 | 34-466—34-468 |
| 31-104—31-110 | 34-486—34-492 |
| 31-111—31-114 | 34-511—34-514 |
| 31-115 | 34-532 |
| 31-116 | 34-516 |
| 31-117 | 34-532 |
| 31-117.1 | 34-531 |
| 31-118 | 34-532 |
| 31-118.1 | 34-535 |
| 31-119, 31-120 | 34-536, 34-537 |
| 31-120.1 | 34-538 |
| 31-121, 31-122 | 34-539, 34-540 |
| 31-123, 31-124 | 34-544, 34-545 |
| 31-124.1, 31-124.2 | 34-533, 34-534 |
| 31-124.3 | 34-546 |
| 31-125 | 34-541 |
| 31-125.1, 31-125.2 | 34-542, 34-543 |
| 31-126 | 34-566 |
| 31-127.1 | 34-568 |
| 31-127.2 | 34-567 |
| 31-128 | 34-570 |
| 31-129 | 34-611 |
| 31-130 | 34-619 |
| 31-131—31-133 | 34-612—34-614 |
| 31-135 | 34-615 |
| 31-136 | 34-618 |
| 31-137 | 34-617 |
| 31-138 | 34-616 |
| 31-138.1 | 34-591 |
| 31-139.1—31-139.3 | 34-592—34-594 |
| 31-139.4 | 34-569 |
| 31-139.5 | 34-636 |
| 31-139.6 | 34-644 |
| 31-139.7—31-139.10 | 34-637—34-640 |
| 31-139.11 | 34-643 |
| 31-139.12 | 34-642 |
| 31-139.13 | 34-641 |
| 31-140.1 | 34-571 |
| 34-661 | |
| 31-140.2 | 34-572 |
| 31-141 | 34-573 |
| 31-142—31-147 | 34-662—34-667 |
| 31-147.1, 31-147.2 | 34-668, 34-669 |
| 31-148—31-158 | 34-696—34-706 |
| 31-159 | 34-721—34-725 |
| 31-160—31-162 | 34-726—34-728 |
| 31-162.1 | 34-729 |
| 31-163, 31-164 | 34-730, 34-731 |
| 31-165, 31-166 | 34-761, 34-762 |
| 31-167 | 34-769 |
| 31-168—31-170 | 34-771—34-773 |
| 31-170.1 | 34-774 |
| 31-171—31-174 | 34-775—34-778 |
| 31-174.1 | 34-779 |
| 31-175—31-180 | 34-801—34-806 |
| 31-181 | 34-765 |
| 31-182 | 34-764 |
| 31-182.1 | 34-770 |
| 31-183 | 34-767 |
| 31-184 | 34-766 |
| 34-768 | |
| 31-185 | 34-766 |
| 31-186, 31-187 | 34-780, 34-781 |
| 31-188 | 34-763 |
| 31-189 | 34-832 |
| 31-190—31-192 | 34-831—34-833 |
| 31-192.1 | 34-834 |
| 31-193 | 34-835 |
| 31-194—31-199 | 34-851—34-856 |
| 31-199.1 | 34-857 |
| 31-200 | 34-858 |
| 31-200.1, 31-200.2 | 34-859, 34-860 |
| 31-201—31-203 | 34-876—34-878 |
| 31-205—31-208 | 34-879—34-882 |
| 31-208.1, 31-208.2 | 34-883, 34-884 |
| 31-209—31-211 | 34-901—34-903 |
| 31-212 | 34-905 |
| 31-212.1 | 34-907 |
| 31-213 | 34-906 |
| 31-214 | 34-908 |
| 31-215 | 34-908, 34-909 |
| 31-216 | 34-904 |
| 31-217 | 34-910 |
| 31-218—31-220 | 34-936—34-938 |
| 31-221—31-223 | 34-940—34-942 |
| 31-224 | 34-939 |
| 31-225 | 34-947 |
| 31-226 | 34-946 |
| 31-227 | 34-943 |
| 31-228 | 34-945 |
| 31-228.1 | 34-944 |
| 31-229 | 34-97—34-99 |
| 31-230, 31-231 | 34-100, 34-101 |
| 31-232 | 34-103 |
| 34-105 | |
| 31-233, 31-234 | 34-108, 34-109 |
| 31-235, 31-236 | 34-105 |
| 31-237 | 34-107 |
| 31-238 | 34-102 |
| 31-239 | 34-104 |
| 31-240 | 34-106 |
| 31-241 | 34-110 |
| 31-242 | 34-46 |
| 31-243 | 34-47, 34-48 |
| 31-244—31-246 | 34-66—34-68 |
| 31-247 | 34-71 |
| 31-248 | 34-69 |
| 31-249 | 34-66 |
| 31-250 | 34-70 |
| 31-251—31-261 | 34-971—34-981 |
| 31-261.1 | 34-982 |
| 31-262—31-265 | 34-1006—34-1009 |
| 31-265.1 | 34-1010 |
| 31-268 | 34-3 |
| 31-269—31-275 | 34-1031—34-1037 |
| 31-276—31-279 | 34-9—34-12 |
| 31-279.1 | 34-13 |
| 31-280—31-282 | 34-5—34-7 |
This table gives the location within this Code of those sections of the 1976 Code, as updated through July 3, 1989, which are included herein. Sections of the 1976 Code, as supplemented, not listed herein have been omitted as repealed, superseded, obsolete or not of a general and permanent nature. For the location of ordinances adopted subsequent thereto, see the table immediately following this table.
|
1976 Code
Section |
Section
this Code |
| 1-1, 1-2 | 1-1, 1-2 |
| 1-3 | 1-7 |
| 1-4 | 1-3 |
| 1-5—1-7 | 2-101—2-103 |
| 1-8, 1-9 | 2-1, 2-2 |
| 1-10 | 1-11 |
| 2-1—2-4 | 2-6—2-9 |
| 2-5 | 2-36 |
| 2-5.1 | 2-37 |
| 2-6, 2-7 | 2-38, 2-39 |
| 2-7.1 | 2-40 |
| 2-8—2-16 | 2-41—2-49 |
| 2-17—2-31 | 2-66—2-80 |
| 2-32, 2-33 | 2-96, 2-97 |
| 2-34 | 2-100 |
| 2-35 | 1-8 |
| 2-36 | 2-99 |
| 2-37 | 2-98 |
| 2-38—2-41 | 2-121—2-124 |
| 2-42 | 11-3 |
| 2-43 | 2-4 |
| 2-44 | 2-158 |
| 2-45 | 2-146—2-152 |
| 2-154—2-157 | |
| 11-1 | |
| 2-46 | 2-153 |
| 2-47 | 11-36, 11-37 |
| 2-48 | 11-38 |
| 2-49 | 11-37 |
| 11-39 | |
| 2-55, 2-56 | 11-61, 11-62 |
| 2-57—2-63 | 11-64—11-70 |
| 2-63.1 | 11-8 |
| 2-64—2-66 | 11-91—11-93 |
| 2-68—2-72 | 11-94—11-98 |
| 2-73—2-75 | 2-181—2-183 |
| 2-76 | 2-211 |
| 2-77—2-79 | 2-213—2-215 |
| 2-80 | 2-212 |
| 2-88 | 2-236 |
| 2-89 | 2-237, 2-238 |
| 2-90 | 2-239—2-241 |
| 2-91 | 2-243 |
| 2-92 | 2-242 |
| 2-244 | |
| 2-93—2-97 | 2-267—2-271 |
| 2-98—2-101 | 2-296—2-299 |
| 2-102—2-108 | 2-321—2-327 |
| 2-109—2-111 | 2-341—2-343 |
| 2-112, 2-113 | 2-366, 2-367 |
| 2-114 | 2-386, 2-387 |
| 2-115—2-118 | 2-388—2-391 |
| 2-119—2-125 | 11-126—11-132 |
| 2-134—2-139 | 2-416—2-421 |
| 3-1, 3-2 | 3-1, 3-2 |
| 4-1—4-8 | 4-2—4-9 |
| 4-9, 4-10 | 4-10 |
| 4-11 | 4-14 |
| 4-12 | 4-11 |
| 4-12.1 | 4-13 |
| 4-13 | 4-38 |
| 4-14 | 4-40 |
| 4-15 | 4-36 |
| 4-16 | 4-36, 4-37 |
| 4-17 | 4-39 |
| 4-18—4-21 | 4-63 |
| 4-22—4-29 | 4-64—4-71 |
| 4-30, 4-31 | 4-61, 4-62 |
| 5-1 | 5-26 |
| 5-1.1 | 5-27 |
| 5-2 | 5-28 |
| 5-3.1 | 12-1 |
| 5-3.2 | 5-3 |
| 5-4, 5-5 | 5-56, 5-57 |
| 5-6 | 5-2 |
| 5-64 | |
| 5-87 | |
| 5-90 | |
| 5-7 | 5-87 |
| 5-8 | 5-93 |
| 5-97 | |
| 5-9 | 5-93, 5-94 |
| 5-10 | 5-95 |
| 5-11 | 5-88, 5-89 |
| 5-12 | 5-91, 5-92 |
| 5-13 | 5-96 |
| 5-14 | 5-29 |
| 5-15 | 5-1 |
| 5-86 | |
| 5-16 | 5-32 |
| 5-17 | 5-58 |
| 5-18 | 5-32 |
| 5-19 | 31-7 |
| 5-20 | 5-58 |
| 5-21 | 5-93 |
| 5-22 | 5-31 |
| 5-23 | 5-30 |
| 5-24, 5-25 | 5-60 |
| 5-26 | 5-61 |
| 5-27 | 5-33 |
| 5-28, 5-29 | 5-62 |
| 5-30 | 5-63 |
| 5-31—5-33 | 5-126—5-128 |
| 5-34—5-48 | 5-147—5-161 |
| 5-49 | 5-146 |
| 5.1-1 | 6-2 |
| 5.1-2.1 | 6-3 |
| 5.1-6, 5.1-7 | 6-4, 6-5 |
| 5.1-8.1 | 6-6 |
| 5.1-9 | 6-7 |
| 5.1-9.1 | 6-1 |
| 6-1 | 7-7 |
| 6-2, 6-3 | 7-1, 7-2 |
| 6-4 | 7-8 |
| 6-7.1 | 7-9 |
| 6-8 | 7-4 |
| 7-6 | |
| 6-9 | 7-3 |
| 7-5 | |
| 7-9 | |
| 6-11, 6-12 | 7-10, 7-11 |
| 8-1 | 9-1 |
| 8-2 | 9-26—9-30 |
| 8-3 | 9-31 |
| 9-1 | 10-1 |
| 9-2 | 10-36 |
| 9-3 | 10-7 |
| 9-4 | 10-3 |
| 9-6, 9-7 | 10-36, 10-37 |
| 9-8 | 10-38—10-40 |
| 9-9 | 10-41 |
| 9-10 | 10-9 |
| 9-11 | 10-42 |
| 9-12 | 10-10 |
| 9-13 | 10-2 |
| 9-14 | 10-4—10-6 |
| 10-1 | 11-2 |
| 10-2 | 11-4 |
| 10-2-89 | 15-73 |
| 15-133 | |
| 10-3—10-5 | 11-5—11-7 |
| 10-6—10-9 | 30-61—30-64 |
| 10-9.1 | 15-73 |
| 30-65 | |
| 10-10—10-18 | 30-66—30-74 |
| 10-18.1 | 30-31, 30-32 |
| 10-18.2—10-18.4 | 30-33—30-35 |
| 10-18.6, 10-18.7 | 30-36, 30-37 |
| 10-19 | 11-63 |
| 10-20 | 30-161 |
| 10-21 | 30-163 |
| 10-22, 10-23 | 30-165, 30-166 |
| 10-24 | 30-162 |
| 10-25, 10-26 | 30-164, 30-165 |
| 10-27 | 30-167 |
| 10-28, 10-29 | 30-168 |
| 10-30, 10-31 | 30-169, 30-170 |
| 10-33, 10-34 | 30-171, 30-172 |
| 10-36—10-38 | 30-96—30-98 |
| 10-39 | 30-99, 30-100 |
| 10-40, 10-41 | 30-101, 30-102 |
| 10-41.1 | 30-103 |
| 10-42 | 30-104 |
| 10-44 | 30-371—30-373 |
| 10-45 | 30-396, 30-397 |
| 10-46 | 30-221 |
| 10-47 | 30-222 |
| 30-227 | |
| 10-48 | 30-227 |
| 30-228 | |
| 30-230 | |
| 10-49 | 30-229 |
| 10-50 | 30-223 |
| 10-51 | 30-225 |
| 10-52 | 30-224 |
| 10-53 | 30-226 |
| 10-54, 10-55 | 30-196, 30-197 |
| 10-56 | 15-37, 15-38 |
| 15-44—15-46 | |
| 10-57, 10-58 | 15-39, 15-40 |
| 10-59 | 15-41—15-43 |
| 15-48 | |
| 15-133 | |
| 10-59.1 | 15-50 |
| 10-60, 10-61 | 30-252, 30-253 |
| 10-62 | 30-255, 30-256 |
| 10-63, 10-64 | 30-259, 30-260 |
| 10-65, 10-66 | 30-257, 30-258 |
| 10-67 | 30-254 |
| 10-68 | 30-260 |
| 10-69 | 30-251 |
| 10-70—10-72 | 30-1—30-3 |
| 10-73 | 30-127 |
| 10-74 | 30-126 |
| 10-75—10-77 | 30-128—30-130 |
| 10-78 | 30-132 |
| 10-79 | 30-131 |
| 10-80—10-85 | 30-133—30-138 |
| 10-86—10-89 | 30-346—30-349 |
| 10-90, 10-91 | 30-282, 30-283 |
| 10-92, 10-93 | 30-286 |
| 10-94 | 30-287 |
| 10-94.1 | 30-288 |
| 10-95, 10-96 | 30-291, 30-292 |
| 10-97, 10-98 | 30-289, 30-290 |
| 10-99 | 30-293 |
| 10-100 | 30-285 |
| 10-101 | 30-284 |
| 10-102 | 30-292 |
| 10-103 | 30-281 |
| 11-1—11-3 | 12-26—12-28 |
| 11-4 | 12-3 |
| 17-9 | |
| 11-5 | 12-2 |
| 11-6.2 | 12-52 |
| 11-7 | 12-53 |
| 11-7.1 | 12-54 |
| 11-8, 11-9 | 12-55, 12-56 |
| 11-11, 11-12 | 12-57, 12-58 |
| 11-15 | 12-59 |
| 11-16 | 12-52 |
| 12-1 | 31-26 |
| 12-1.1 | 31-27 |
| 31-29 | |
| 31-31 | |
| 12-1.2, 12-1.3 | 31-30, 31-31 |
| 12-2.1, 12-2.2 | 31-34, 31-35 |
| 12-3, 12-4 | 31-56, 31-57 |
| 12-4.1 | 31-58 |
| 12-5, 12-6 | 31-59, 31-60 |
| 12-6.1 | 31-61 |
| 12-7 | 31-62 |
| 12-7.1 | 31-63 |
| 12-8.1 | 31-64 |
| 12-10.1 | 31-65 |
| 12-10.2 | 11-8 |
| 12-11 | 31-66 |
| 12-11.1 | 31-67 |
| 12-12, 12-13 | 31-68, 31-69 |
| 12-14, 12-15 | 31-36, 31-37 |
| 12-16 | 5-35 |
| 5-62 | |
| 12-17, 12-18 | 31-31, 31-32 |
| 12-19, 12-20 | 31-38, 31-39 |
| 12-21 | 31-33 |
| 12-22, 12-23 | 5-36, 5-37 |
| 12-24 | 5-34 |
| 14-1, 14-2 | 13-26 |
| 14-3, 14-4 | 13-27, 13-28 |
| 14-5—14-7 | 13-30—13-32 |
| 14-8 | 13-29 |
| 14-9, 14-10 | 13-33, 13-34 |
| 15-1 | 14-1 |
| 14-6 | |
| 15-2 | 14-4 |
| 15-3, 15-4 | 14-16, 14-17 |
| 15-5 | 14-2 |
| 15-6, 15-7 | 14-7, 14-8 |
| 15-8 | 14-18 |
| 15-9 | 14-9 |
| 15-10 | 14-12 |
| 15-11 | 14-20 |
| 15-12 | 14-19 |
| 15-13 | 14-15 |
| 15-14, 15-15 | 14-22, 14-23 |
| 15-16 | 14-21 |
| 15-17 | 14-5 |
| 15-18 | 14-10 |
| 15-19 | 14-3 |
| 15-20 | 14-14 |
| 15-20.1 | 14-13 |
| 15-21 | 14-11 |
| 15-110 | 14-46 |
| 15-111—15-118 | 14-48—14-55 |
| 15-119 | 14-47 |
| 16-1 | 15-3 |
| 16-2, 16-3 | 15-4 |
| 16-4 | 15-5 |
| 16-5 | 17-24 |
| 16-6, 16-7 | 15-6, 15-7 |
| 16-8 | 17-32 |
| 16-9 | 15-96—15-100 |
| 16-10 | 15-74 |
| 16-11 | 15-9 |
| 16-12 | 15-8 |
| 16-13 | 15-296—15-300 |
| 16-14 | 15-75 |
| 16-15 | 15-2 |
| 16-17—16-23 | 15-271—15-277 |
| 16-24—16-26 | 15-126—15-128 |
| 16-26.1 | 15-150 |
| 16-27 | 15-135 |
| 16-28 | 15-129 |
| 16-29 | 15-46 |
| 15-134 | |
| 16-30, 16-31 | 15-136, 15-137 |
| 16-32 | 15-130 |
| 16-33—16-42 | 15-138—15-147 |
| 16-43.1 | 15-301 |
| 16-43.2 | 15-132, 15-133 |
| 16-45 | 15-174 |
| 16-46, 16-47 | 15-171, 15-172 |
| 16-48 | 15-173, 15-174 |
| 16-49 | 15-176 |
| 16-50 | 15-179 |
| 17-21 | |
| 16-51 | 15-180 |
| 16-52 | 15-175 |
| 16-53, 16-54 | 15-177, 15-178 |
| 16-55 | 15-176 |
| 16-55.1 | 15-131 |
| 16-56 | 15-201 |
| 16-56.1 | 15-202 |
| 16-56.2—16-56.4 | 15-204—15-206 |
| 16-57 | 15-203 |
| 16-58, 16-59 | 15-148, 15-149 |
| 16-63.2—16-63.4 | 15-237—15-239 |
| 16-63.5(a) | 15-240 |
| 16-63.5(b) | 15-243 |
| 16-63.5(c) | 15-245 |
| 16-63.5(d) | 15-244 |
| 16-63.5(e)—16-63.5(g) | 15-247—15-249 |
| 16-63.5(h) | 15-246 |
| 16-63.5(i) | 15-242 |
| 16-63.6 | 15-241 |
| 16-63.7 | 15-250 |
| 16-63.8 | 15-236 |
| 16.1-1 | 16-1 |
| 16.1-1.1 | 16-2 |
| 16.1-2, 16.1-3 | 16-3, 16-4 |
| 16.1-4—16.1-6 | 16-7—16-9 |
| 16.1-7 | 16-6 |
| 16.1-8 | 16-5 |
| 17-1, 17-2 | 17-4, 17-5 |
| 17-3 | 17-3 |
| 17-4 | 17-1 |
| 17-5—17-9 | 17-16—17-20 |
| 17-10—17-13 | 17-7 |
| 17-14 | 33-8 |
| 17-15 | 17-33 |
| 17-16 | 17-10 |
| 17-17 | 27-26, 27-27 |
| 27-46—27-48 | |
| 17-18 | 17-8 |
| 17-19.1 | 3-26 |
| 17-19.2 | 3-44 |
| 17-19.3 | 3-61, 3-62 |
| 3-64 | |
| 17-19.4 | 3-63 |
| 3-65—3-68 | |
| 17-19.5 | 3-37 |
| 17-19.6 | 3-40 |
| 17-19.7 | 3-28 |
| 3-41, 3-42 | |
| 3-44 | |
| 3-70 | |
| 17-19.8 | 3-41 |
| 3-44 | |
| 17-19.9 | 3-30—3-37 |
| 17-19.10 | 3-27 |
| 3-69 | |
| 17-19.11 | 3-27 |
| 17-19.12 | 3-69 |
| 17-19.13 | 3-38 |
| 17-20 | 17-14 |
| 17-20.1 | 20-10 |
| 17-21 | 20-9 |
| 17-22, 17-23 | 17-11, 17-12 |
| 17-24 | 17-6 |
| 17-22, 17-23 | |
| 17-25 | 17-28 |
| 17-26 | 17-23 |
| 17-26.1 | 17-13 |
| 17-27 | 17-29 |
| 17-28 | 17-2 |
| 17-29—17-31 | 17-25—17-27 |
| 17-32 | 33-6 |
| 17-33 | 33-5 |
| 17-34 | 33-7 |
| 17-35 | 33-4 |
| 17-36, 17-37 | 33-2, 33-3 |
| 17-38, 17-39 | 17-35, 17-36 |
| 18-1 | 8-1—8-5 |
| 18-3 | 18-1 |
| 19-11 | 28-151 |
| 19-12 | 28-154 |
| 19-13, 19-14 | 28-156, 28-157 |
| 19-15 | 28-155 |
| 19-16—19-20 | 28-158—28-162 |
| 19-21 | 28-153 |
| 20-1 | 2-3 |
| 20-2 | 19-1 |
| 20-3 | 19-1 |
| 19-34 | |
| 20-4 | 19-31—19-33 |
| 19-35 | |
| 20-5 | 19-36 |
| 20-6—20-11 | 19-2—19-7 |
| 20-12 | 19-57—19-59 |
| 20-13, 20-14 | 19-60, 19-61 |
| 20-15, 20-16 | 19-63, 19-64 |
| 20-17 | 19-62 |
| 19-65 | |
| 20-18 | 19-66 |
| 20-19—20-21 | 19-91—19-93 |
| 20-21.1 | 19-94 |
| 20-22, 20-23 | 19-95, 19-96 |
| 20-24.1 | 19-97 |
| 20-25 | 19-98 |
| 20-27—20-29 | 19-99—19-101 |
| 20-29.1 | 19-102 |
| 20-30—20-32 | 19-103—19-105 |
| 20-32.1 | 19-106 |
| 20-33—20-38 | 19-107—19-112 |
| 20-39(a) | 19-136 |
| 19-140 | |
| 20-39(b), 20-39(c) | 19-137, 19-138 |
| 20-40, 20-41 | 19-139, 19-140 |
| 21-1 | 20-2 |
| 21-2 | 20-1 |
| 21-3, 21-4 | 20-3, 20-4 |
| 21-4.1 | 20-5 |
| 21-5 | 20-6 |
| 21-6 | 20-8 |
| 21-7 | 1-12 |
| 21-8 | 20-56—20-61 |
| 21-9—21-13 | 20-32—20-36 |
| 21-14—21-16 | 20-7 |
| 21-17 | 21-26 |
| 21-18 | 21-56 |
| 21-19 | 21-32 |
| 21-58—21-60 | |
| 21-63 | |
| 21-20 | 21-57 |
| 21-61, 21-62 | |
| 21-21 | 21-65 |
| 21-22 | 21-33 |
| 21-23 | 21-30 |
| 21-34 | |
| 21-24, 21-25 | 21-35, 21-36 |
| 21-25.1 | 21-37 |
| 21-26, 21-27 | 21-31 |
| 21-28 | 21-29 |
| 21-64 | |
| 21.1-1—21.1-3 | 22-1—22-3 |
| 21.1-4, 21.1-5 | 22-4 |
| 21.1-6 | 22-5 |
| 22-24 | |
| 21.1-7 | 22-7 |
| 21.1-8 | 22-9 |
| 21.1-9 | 22-23 |
| 21.1-10 | 22-52 |
| 21.1-11 | 22-10 |
| 21.1-12, 21.1-13 | 22-46, 22-47 |
| 21.1-14 | 22-25 |
| 21.1-15 | 22-11 |
| 21.1-16, 21.1-17 | 22-71, 22-72 |
| 21.1-18—21.1-21 | 22-76—22-79 |
| 21.1-22, 21.1-23 | 22-13, 22-14 |
| 21.1-24 | 22-17 |
| 21.1-25 | 22-15 |
| 21.1-26 | 22-73 |
| 21.1-27 | 22-18 |
| 22-74 | |
| 21.1-28 | 22-19 |
| 21.1-29, 21.1-30 | 22-21, 22-22 |
| 21.1-31 | 22-20 |
| 22-75 | |
| 21.1-32 | 22-53 |
| 21.1-33, 21.1-34 | 22-50, 22-51 |
| 21.1-35 | 22-49 |
| 21.1-35.1 | 22-54 |
| 21.1-36 | 22-6 |
| 21.1-37—21.1-41 | 22-96—22-100 |
| 21.1-42 | 22-99 |
| 21.1-43—21.1-45 | 22-126—22-128 |
| 21.1-46 | 22-8 |
| 21.1-47 | 22-12 |
| 21.1-48, 21.1-49 | 22-146, 22-147 |
| 21.1-50 | 22-149 |
| 21.1-51 | 22-152 |
| 21.1-52, 21.1-53 | 22-150, 22-151 |
| 21.1-54, 21.1-55 | 22-153, 22-154 |
| 21.1-56 | 22-148 |
| 22-2—22-4 | 23-2—23-4 |
| 22-6—22-8 | 23-5—23-7 |
| 23-2 | 17-30 |
| 23-3 | 26-28, 26-29 |
| 23-4 | 26-27 |
| 23-5 | 26-31 |
| 23-6 | 26-30 |
| 23-6.1 | 26-32 |
| 23-7 | 17-31 |
| 24-1 | 31-106 |
| 24-2 | 31-156 |
| 24-3.1 | 31-158 |
| 24-4 | 31-112 |
| 24-5 | 31-109 |
| 24-6 | 31-107 |
| 24-7 | 31-113 |
| 24-8, 24-9 | 31-120, 31-121 |
| 24-10 | 31-108 |
| 31-157 | |
| 24-11 | 31-191 |
| 24-12 | 31-186 |
| 24-13 | 31-192 |
| 24-14 | 31-189 |
| 24-14.1, 24-14.2 | 31-189, 31-190 |
| 24-14.3 | 31-193 |
| 24-19 | 31-217 |
| 24-20.1 | 31-218 |
| 31-220, 31-221 | |
| 31-224 | |
| 24-20.2 | 31-219 |
| 24-20.3 | 31-221 |
| 24-20.4 | 31-223 |
| 24-20.5 | 31-222 |
| 24-20.6 | 31-216 |
| 24-21—24-23 | 31-194—31-196 |
| 24-24 | 31-193 |
| 31-197 | |
| 24-26 | 31-188 |
| 24-27 | 31-225 |
| 24-28, 24-29 | 31-226 |
| 24-30 | 31-187 |
| 24.1-1 | 24-1 |
| 24.1-2—24.1-10 | 24-3—24-11 |
| 24.1-11 | 24-2 |
| 25-1 | 28-2 |
| 25-2 | 28-4 |
| 25-3 | 28-23 |
| 25-4 | 28-5 |
| 25-5 | 28-10 |
| 25-6 | 28-9 |
| 25-7—25-12 | 28-17—28-22 |
| 25-13 | 15-72 |
| 25-14—25-16 | 28-12—28-14 |
| 25-17 | 28-6 |
| 25-18 | 28-15 |
| 25-19—25-23 | 28-24—28-28 |
| 25-24 | 28-8 |
| 25-25 | 28-29 |
| 25-26.1 | 17-34 |
| 25-27 | 28-16 |
| 25-28 | 28-11 |
| 25-28.1[a], 25-28.1[b] | 28-212, 28-213 |
| 25-28.1[c], 25-28.1[d] | 28-214 |
| 25-28.1[e], 25-28.1[f] | 28-187, 28-188 |
| 25-28.1[g], 25-28.1[h] | 28-215, 28-216 |
| 25-28.1[i] | 28-186 |
| 25-29.1 | 28-51 |
| 25-30.1, 25-30.2 | 28-52, 28-53 |
| 25-31 | 28-54 |
| 25-32.1 | 28-55 |
| 25-33 | 28-56 |
| 25-34.1—25-34.3 | 28-57—28-59 |
| 25-35 | 28-60 |
| 25-36, 25-37 | 28-7 |
| 25-38—25-42 | 28-81—28-85 |
| 25-43—25-45 | 28-111—28-113 |
| 25-45.1 | 28-116 |
| 28-120 | |
| 25-45.2 | 28-117, 28-118 |
| 28-121—28-123 | |
| 28-125 | |
| 25-45.3 | 28-124 |
| 25-45.4 | 28-119 |
| 25-45.5 | 28-126 |
| 25-45.6 | 28-115 |
| 25-45.7 | 28-114 |
| 26.1-1—26.1-5 | 29-1—29-5 |
| 26.1-6 | 29-36 |
| 26.1-7, 26.1-8 | 29-39, 29-40 |
| 26.1-9—26.1-13 | 29-42—29-46 |
| 26.1-14—26.1-19 | 29-61—29-66 |
| 26.1-20—26.1-26 | 29-81—29-87 |
| 26.1-28—26.1-32 | 29-116—29-120 |
| 26.1-33 | 29-122 |
| 26.1-35 | 29-41 |
| 26.1-36 | 29-37 |
| 26.1-38 | 29-124 |
| 26.1-40, 26.1-41 | 29-125, 29-126 |
| 26.1-42 | 29-6 |
| 26.1-43 | 29-5 |
| 26.1-44 | 29-121 |
| 26.1-45 | 29-123 |
| 26.1-46 | 29-38 |
| 26.1-47 | 29-7 |
| 27-1 | 32-6 |
| 27-2 | 32-2 |
| 32-5 | |
| 27-3, 27-4 | 32-3, 32-4 |
| 27-6 | 32-1 |
| 32-41 | |
| 32-74 | |
| 27-7 | 32-41 |
| 32-74 | |
| 27-7.1 | 32-7 |
| 27-8 | 32-36 |
| 27-9 | 32-38 |
| 27-10 | 32-65 |
| 27-11 | 32-39 |
| 27-12 | 32-73 |
| 27-13 | 32-40 |
| 27-14 | 32-37 |
| 27-15 | 32-91 |
| 27-16.1 | 32-91, 32-92 |
| 27-17 | 32-93 |
| 27-18, 27-19 | 32-95, 32-96 |
| 27-20 | 32-94 |
| 27-22 | 32-66 |
| 27-23 | 32-68 |
| 27-24 | 32-71 |
| 27-25 | 32-67 |
| 27-26 | 32-70 |
| 27-27 | 32-72 |
| 27-28 | 32-69 |
| 27-29—27-31 | 32-61—32-63 |
| 27-32 | 32-65 |
| 27-34 | 32-64 |
| 28-1 | 31-101 |
| 28-2 | 31-110 |
| 28-3 | 31-114, 31-115 |
| 28-4 | 31-3, 31-4 |
| 28-5 | 31-6 |
| 28-6 | 31-5 |
| 28-7 | 31-2 |
| 29-1 | 31-102 |
| 31-104 | |
| 31-154 | |
| 29-1.1 | 31-152 |
| 29-1.2 | 31-103 |
| 29-2 | 31-153 |
| 29-3 | 31-155 |
| 29-5.1 | 31-158 |
| 29-5.2 | 11-8 |
| 29-5.3 | 31-159 |
| 29-6 | 31-161 |
| 29-7 | 31-105 |
| 29-7.1 | 31-160 |
| 29-8 | 31-122 |
| 29-9 | 31-118 |
| 29-11 | 31-117 |
| 29-12 | 31-151 |
| 29-13 | 31-117 |
| 31-123 | |
| 29-14 | 31-124 |
| 29-15 | 31-116 |
| 29-16 | 31-110, 31-111 |
| 29-17 | 31-119 |
| 29-18 | 31-256 |
| 29-19—29-24 | 31-259—31-264 |
| 29-25, 29-26 | 31-257, 31-258 |
| 30-1 | 25-27 |
| 30-2, 30-3 | 25-26, 25-27 |
| 30-4—30-6 | 25-29—25-31 |
| 30-6.1 | 25-28 |
| 30-7 | 25-2 |
| 30-8.1 | 25-1 |
| 30-9—30-11 | 25-56—25-58 |
| 30-12 | 25-59, 25-60 |
| 25-62 | |
| 30-13 | 25-61 |
| 30-14 | 25-63 |
| 30-15 | 25-86 |
| 30-16 | 25-107, 25-108 |
| 30-17—30-19 | 25-109—25-111 |
| 31-1, 31-2 | 34-1, 34-2 |
| 31-3 | 34-4 |
| 31-4 | 34-15 |
| 31-5 | 34-14 |
| 31-6 | 34-16 |
| 31-8, 31-9 | 34-18, 34-19 |
| 31-10 | 34-8 |
| 31-11—31-17 | 34-136—34-142 |
| 31-17.1 | 34-143 |
| 31-18—31-24 | 34-166—34-172 |
| 31-24.1 | 34-173 |
| 31-25—31-28 | 34-196—34-199 |
| 31-28.1 | 34-200 |
| 31-29—31-32 | 34-221—34-224 |
| 31-33 | 34-201 |
| 31-33.1 | 34-202 |
| 31-34 | 34-203 |
| 31-35—31-41 | 34-251—34-257 |
| 31-42 | 34-282 |
| 31-43 | 34-281 |
| 31-44—31-46 | 34-283—34-285 |
| 31-47 | 34-307 |
| 31-48 | 34-306 |
| 31-49—31-51 | 34-308—34-310 |
| 31-52, 31-53 | 34-326 |
| 31-54—31-75 | 34-327—34-348 |
| 31-76—31-82 | 34-376—34-382 |
| 31-83—31-89 | 34-406—34-412 |
| 31-90—31-96 | 34-436—34-442 |
| 31-97—31-100 | 34-461—34-464 |
| 31-100.1 | 34-465 |
| 31-101—31-103 | 34-466—34-468 |
| 31-104—31-110 | 34-486—34-492 |
| 31-111—31-114 | 34-511—34-514 |
| 31-115 | 34-532 |
| 31-116 | 34-516 |
| 31-117 | 34-532 |
| 31-117.1 | 34-531 |
| 31-118 | 34-532 |
| 31-118.1 | 34-535 |
| 31-119, 31-120 | 34-536, 34-537 |
| 31-120.1 | 34-538 |
| 31-121, 31-122 | 34-539, 34-540 |
| 31-123, 31-124 | 34-544, 34-545 |
| 31-124.1, 31-124.2 | 34-533, 34-534 |
| 31-124.3 | 34-546 |
| 31-125 | 34-541 |
| 31-125.1, 31-125.2 | 34-542, 34-543 |
| 31-126 | 34-566 |
| 31-127.1 | 34-568 |
| 31-127.2 | 34-567 |
| 31-128 | 34-570 |
| 31-129 | 34-611 |
| 31-130 | 34-619 |
| 31-131—31-133 | 34-612—34-614 |
| 31-135 | 34-615 |
| 31-136 | 34-618 |
| 31-137 | 34-617 |
| 31-138 | 34-616 |
| 31-138.1 | 34-591 |
| 31-139.1—31-139.3 | 34-592—34-594 |
| 31-139.4 | 34-569 |
| 31-139.5 | 34-636 |
| 31-139.6 | 34-644 |
| 31-139.7—31-139.10 | 34-637—34-640 |
| 31-139.11 | 34-643 |
| 31-139.12 | 34-642 |
| 31-139.13 | 34-641 |
| 31-140.1 | 34-571 |
| 34-661 | |
| 31-140.2 | 34-572 |
| 31-141 | 34-573 |
| 31-142—31-147 | 34-662—34-667 |
| 31-147.1, 31-147.2 | 34-668, 34-669 |
| 31-148—31-158 | 34-696—34-706 |
| 31-159 | 34-721—34-725 |
| 31-160—31-162 | 34-726—34-728 |
| 31-162.1 | 34-729 |
| 31-163, 31-164 | 34-730, 34-731 |
| 31-165, 31-166 | 34-761, 34-762 |
| 31-167 | 34-769 |
| 31-168—31-170 | 34-771—34-773 |
| 31-170.1 | 34-774 |
| 31-171—31-174 | 34-775—34-778 |
| 31-174.1 | 34-779 |
| 31-175—31-180 | 34-801—34-806 |
| 31-181 | 34-765 |
| 31-182 | 34-764 |
| 31-182.1 | 34-770 |
| 31-183 | 34-767 |
| 31-184 | 34-766 |
| 34-768 | |
| 31-185 | 34-766 |
| 31-186, 31-187 | 34-780, 34-781 |
| 31-188 | 34-763 |
| 31-189 | 34-832 |
| 31-190—31-192 | 34-831—34-833 |
| 31-192.1 | 34-834 |
| 31-193 | 34-835 |
| 31-194—31-199 | 34-851—34-856 |
| 31-199.1 | 34-857 |
| 31-200 | 34-858 |
| 31-200.1, 31-200.2 | 34-859, 34-860 |
| 31-201—31-203 | 34-876—34-878 |
| 31-205—31-208 | 34-879—34-882 |
| 31-208.1, 31-208.2 | 34-883, 34-884 |
| 31-209—31-211 | 34-901—34-903 |
| 31-212 | 34-905 |
| 31-212.1 | 34-907 |
| 31-213 | 34-906 |
| 31-214 | 34-908 |
| 31-215 | 34-908, 34-909 |
| 31-216 | 34-904 |
| 31-217 | 34-910 |
| 31-218—31-220 | 34-936—34-938 |
| 31-221—31-223 | 34-940—34-942 |
| 31-224 | 34-939 |
| 31-225 | 34-947 |
| 31-226 | 34-946 |
| 31-227 | 34-943 |
| 31-228 | 34-945 |
| 31-228.1 | 34-944 |
| 31-229 | 34-97—34-99 |
| 31-230, 31-231 | 34-100, 34-101 |
| 31-232 | 34-103 |
| 34-105 | |
| 31-233, 31-234 | 34-108, 34-109 |
| 31-235, 31-236 | 34-105 |
| 31-237 | 34-107 |
| 31-238 | 34-102 |
| 31-239 | 34-104 |
| 31-240 | 34-106 |
| 31-241 | 34-110 |
| 31-242 | 34-46 |
| 31-243 | 34-47, 34-48 |
| 31-244—31-246 | 34-66—34-68 |
| 31-247 | 34-71 |
| 31-248 | 34-69 |
| 31-249 | 34-66 |
| 31-250 | 34-70 |
| 31-251—31-261 | 34-971—34-981 |
| 31-261.1 | 34-982 |
| 31-262—31-265 | 34-1006—34-1009 |
| 31-265.1 | 34-1010 |
| 31-268 | 34-3 |
| 31-269—31-275 | 34-1031—34-1037 |
| 31-276—31-279 | 34-9—34-12 |
| 31-279.1 | 34-13 |
| 31-280—31-282 | 34-5—34-7 |
This table gives the location within this Code of those ordinances adopted since the 1976 Code, as updated through July 3, 1989, which are included herein. Ordinances adopted prior to such date were incorporated into the 1976 Code, as supplemented. Ordinances not listed herein have been omitted as repealed, superseded or not of a general and permanent nature.
|
Ordinance
Number |
Date | Section |
Section
this Code |
| 89-7-5 | 4- 3-89 | 2 | 19-95(note) |
| 7-17-89 | 15-204, 15-205 | ||
| 8- 7-89 | 1 | 15-3 | |
| 9- 5-89 | 9-27, 9-30 | ||
| 10- 2-89 | 11-8 | ||
| 10- 2-89 | 15-132—15-134 | ||
| 11- 6-89 | 1 |
14-1, 14-13,
14-49, 14-51 |
|
| 2- 5-90 | 9-30(a) | ||
| 2-20-90 | 22-52 | ||
| 4- 2-90 | 5-56(b) | ||
| 4-16-90 | 9-1(c) | ||
| 5- 7-90 | 1 | 25-58(4), (5) | |
| 25-61(a)(2) | |||
| 30-96, 30-97, | |||
| 30-98(5), (6) | |||
| 30-101 | |||
| 5-21-90 | 1 | 31-56, 31-57(a)(1), | |
|
31-59(a)(1),
31-60(d), (e), |
|||
| 31-61(b), 31-62(1)c., | |||
|
31-153(a)(2),
31-156(a)(2) |
|||
| 5-21-90 | 1 |
15-39(1)—(3),
15-40(a), 15-42, |
|
|
15-43, 15-48,
15-49, 15-51 |
|||
|
30-34, 30-35(a),
30-38, 30-161 |
|||
| 30-164(a) | |||
| 6- 4-90 | 18-1(c) | ||
| 6-25-90 | 2-391 | ||
| 6-25-90 | 34-572.1 | ||
| 6-25-90 | 34-831(6), 34-835(10), | ||
| 34-856—34-857.4, | |||
| 34-879(j) | |||
| 8- 6-90 | 34-532(a) | ||
| 9-17-90 | 2-37 | ||
| 9-17-90 | 2-417(b)(1) | ||
| 2-419(11) | |||
| 11- 5-90 | 15-204(a), 15-206 | ||
| 11-19-90 | Adopting Ordinance, p. vii | ||
| 11-19-90 | 28-214(b) | ||
| 12- 3-90 | 9-27(b) | ||
| 2- 4-91 | 19-67 | ||
| 2- 4-91 | 32-92, 32-93 | ||
| 2-19-91 | 30-98(5) | ||
| 3- 4-91 | 31-114, 31-115 | ||
| 3- 4-91 | 31-186—31-190 | ||
| Rpld | 31-192 | ||
| 31-193, 31-195—31-197, | |||
| 31-216, 31-217, | |||
| 31-219, 31-221—31-224, | |||
| 31-227, 31-228 | |||
| 5- 6-91 | 8-4 | ||
| 5-20-91 | 1 | 19-95.1 | |
| 6- 3-91 | 1 | 30-400—30-404 | |
| 6- 3-91 | 29-40(d), 34-4, | ||
| 34-10, 34-11, | |||
| 34-14, 34-15(a), | |||
| 34-70(a), 34-108, | |||
| 34-141(2), 34-144—34-151, | |||
| 34-439(11), 34-462, | |||
| 34-466—34-485.2, | |||
| 34-488(1), (14), 34-537, | |||
| 34-566—34-585, | |||
| 34-670—34-680, | |||
| 34-801, 34-903, | |||
| 34-905, 34-981(2) | |||
| 6-17-91 | 1 | 11-95 | |
| 6-17-91 | 1 | 31-29, 31-56, | |
| 31-57, 31-59—31-62, | |||
| 31-64, 31-66, | |||
| 31-104, 31-152, | |||
| 31-153, 31-156, 31-159 | |||
| 7-15-91 | 7-3, 7-5 | ||
| 7-15-91 | 19-95.1 | ||
| 8- 5-91 | 1 | 15-204 | |
| 8- 5-91 | 1 | 26-26, 26-31, | |
| 26-35—26-39 | |||
| 9- 3-91 | 32-7(a) | ||
| 11-18-91 | 26-45—26-52 | ||
| 12-16-91 | 1 | 26-1, 26-2, | |
| 26-26, 26-27, | |||
| 26-30, 26-36, | |||
| 26-37, 26-39, | |||
| 26-46, | |||
| 26-60—26-70 | |||
| 2-18-92 | 18-1 | ||
| 3- 2-92 | 34-143, 34-173 | ||
| 34-857 | |||
| 3-16-92 | 17-37 | ||
| 5-18-92 | 30-39 | ||
| 6- 1-92 | 25-58(4), 30-98(5) | ||
| 6- 1-92 | 26-28, 26-37, | ||
| 26-61, 26-64, | |||
| 26-65 | |||
| 6- 1-92 | 31-114 | ||
| 6-15-92 | 7-5 | ||
| 6-15-92 | 31-56, 31-57, | ||
| 31-60—31-62, | |||
| 31-153—31-156 | |||
| 6-15-92 | 34-100(a)(3) | ||
| 7- 6-92 | 17-30, 26-27, | ||
| 26-30, 26-31, | |||
| 26-40, 26-41, | |||
| 26-61, 26-66, | |||
| 26-68, 26-70, | |||
| 26-71, | |||
| Rnbd | 26-70 | ||
| as | 26-72 | ||
| 7-20-92 | 29-38, 29-87 | ||
| 7-20-92 | 1 | 25-1 | |
| 2 | 25-86 | ||
| Rpld | 25-106—25-111 | ||
| 8-17-92 | 30-39(b), (f), (g) | ||
| 8-17-92 | 30-425 | ||
| 9- 8-92 | 15-204 | ||
| 11-16-92 | 5-2 | ||
| 11-16-92 | 1 | 22-18, 22-19, | |
| 22-73, 22-74 | |||
| 11-16-92 | 1 | 30-221 | |
| 12- 7-92 | 1 Rpld | 28-21 | |
| 2 | 15-149, 15-151 | ||
| 12-21-92 | 5-1 | ||
| 12-21-92 | 19-91, 19-101(e), | ||
| 19-106 | |||
| 1- 4-93 | 1-11, 15-2 | ||
| 1- 4-93 | 30-38(b) | ||
| 1- 4-93 | 30-126—30-138 | ||
| 30-145—30-154 | |||
| 1-19-93 | 17-37(c) | ||
| 3- 1-93 | 19-92 | ||
| 5-17-93 | 31-31(a) | ||
| 6-29-93 | 1 | 31-29, 31-56 | |
| 31-57, 31-59(a) | |||
| 31-60—31-62 | |||
| 31-153, 31-156 | |||
| 7- 6-93 | 34-567, 34-568 | ||
| 7-19-93 | 19-95.1, 19-96 | ||
| 7-19-93 | 26-75—26-82 | ||
| 8- 2-93 | 28-53 | ||
| 8-23-93 | 15-246 | ||
| 9- 7-93 | 1 | 30-450—30-461 | |
| 9-20-93 | 1 | 26-64 | |
| 10-18-93 | Rpld | 29-37(c) | |
| 29-63 | |||
| 29-119(e)(3) | |||
| 29-120(5) | |||
| 29-126(b) | |||
| 34-4, 34-47(a) | |||
| 34-106, 34-141(1) | |||
| 34-143, 34-150.1 | |||
| 34-173, 34-201 | |||
| 34-221(6), (9), 34-440 | |||
| 34-470, 34-472 | |||
| 34-473, 34-473.1 | |||
| 34-474, 34-567 | |||
| 34-569(d), 34-573(a) | |||
| 34-580, 34-700(b), (c) | |||
| 34-702(a)(2),34-723 | |||
| 34-771(d), 34-781 | |||
| 34-781, 34-805(g), (j) | |||
| 34-806(e), (f), 34-834 | |||
| 34-835(9), 34-857.3(c) | |||
| 34-884(b), (d), 34-905 | |||
| 34-938, 34-941 | |||
| 34-977(d), 34-1009 | |||
| 34-1032(e) | |||
| 12-20-93 | 15-73(a)(10), (11) | ||
| 1-18-94 | 10-1, 10-4 | ||
| 10-8, 10-10 | |||
| 10-36, 10-38 | |||
| 10-39, 10-41 | |||
| 10-43 | |||
| 1-18-94 | 22-52, 22-53(a) | ||
| 3- 7-94 | 19-57, 19-59 | ||
| 4- 4-94 | 2-37 | ||
| 4- 4-94 | 14-5 | ||
| 4-18-94 | 15-204 | ||
| 6- 6-94 | 28-121 | ||
| 6-20-94 | 26-61, 26-64 | ||
| 6-20-94 | 1 | 31-56, 31-57 | |
| 31-60, 31-61(b) | |||
| 31-62, 31-153 | |||
| 31-156 | |||
| 7- 5-94 | 32-7 | ||
| 7-18-94 | 1 | 19-7, 22-11(a) | |
| 22-12 | |||
| 8-15-94 | 19-95(h), 19-96(d) | ||
| 11-21-94 | 1 | 25-58, 25-61 | |
| 30-98, 30-99 | |||
| 30-101 | |||
| 12- 5-94 | 1 | 30-221, 30-222 | |
| 30-225, 30-227 | |||
| 12-19-94 | 4-2, 4-41 | ||
| 12-19-94 | 4-42 | ||
| 2- 6-95 | 1 | 28-212—28-215 | |
| 3- 6-95 | 19-95(h) | ||
| 3-20-95 | 15-246 | ||
| 4- 3-95 | 1 | 14-49 | |
| 4-17-95 | 1 | 8-4 | |
| 28-112 | |||
| 28-119 | |||
| 28-121(a) | |||
| 5- 1-95 | 2-40 | ||
| 6- 5-95 | 26-64 | ||
| 6- 5-95 | 1 | 31-8, 31-56 | |
| 31-57(a), 31-60(d), (e) | |||
| 31-61(b), 31-62(1)a. | |||
| 31-153(a)(2), 31-156(a)(2) | |||
| 7-17-95 | 34-567(a)(1) | ||
| 9- 5-95 | 4-41(a) | ||
| 2- 5-96 | 29-3, 29-43 | ||
| 34-4, 34-46, | |||
| 34-438(20), 34-439(9), | |||
| 34-574, 34-679(9), | |||
| 34-681, 34-700(b), | |||
| 34-728, 34-729, | |||
| 34-733, 34-779(i), | |||
| 34-852(b), 34-854(5), | |||
| 34-855, 34-857.1, | |||
| 34-972 | |||
| 4-15-96 | 34-778(e), | ||
| 34-779(j) | |||
| 4-15-96 | 30-145—30-154 | ||
| 6- 3-96 | Rpld | 20-31—20-36 | |
| Added | 20-31—20-37 | ||
| 6-17-96 | 31-56, 31-57, | ||
| 31-60—31-62 | |||
| 31-153, 31-156 | |||
| 9-16-96 | Rpld | 3-26—3-44, | |
| 3-61—3-70 | |||
| 10- 7-96 | 1 Rpld | 14-1—14-23, | |
| 14-46—14-55 | |||
| 2 Added | 14-1—14-23 | ||
| 10-14-96 | 1 | 32-92(a) | |
| 11-18-96 | 2-416, 2-417, | ||
| 2-419(1), (8), (10), | |||
| 2-420(b), 2-421 | |||
| 11-18-96 | 34-779(b), (j), (k) | ||
| 12- 2-96 | 15-46(a) | ||
| 12- 2-96 | 15-204 | ||
| 12-16-96 | 1 | 17-7 | |
| 1-21-97 | 34-567(a)(1) | ||
| 1-21-97 | 34-569(d)(7) | ||
| 2- 3-97 | 34-4, 34-199(12), | ||
| 34-378(14), 34-569(b), (c), | |||
| 34-576(5), 34-578(d) | |||
| 5-19-97 | 1 | 30-253 | |
| 5-19-97 | 1 | 32-1—32-7, | |
| 32-36—32-39, | |||
| 32-61—32-74, | |||
| 32-91—32-97 | |||
| 5-19-97 | 29-43, 34-464(8), | ||
| 34-465(1), 34-671(6), (10), | |||
| 34-681, 34-779(g), | |||
| 34-804, 34-857.1 | |||
| 6- 2-97 | 19-96, 19-101, | ||
| 19-104(a), 19-105(a), | |||
| 19-139 | |||
| 6-16-97 | 2-416—2-421 | ||
| 6-16-97 | 1 | 31-56, 31-57, | |
| 31-59, 31-60, | |||
| 31-61(b), 31-62, | |||
| 31-153, 31-156 | |||
| 8-18-97 | 4-41 | ||
| 8-18-97 | 16-9 | ||
| 10-21-97 | 11-131, 11-132 | ||
| 11- 3-97(1) | 2-266—2-271 | ||
| 11- 3-97(2) | 1 | 14-1—14-8, | |
| 14-11—14-23 | |||
| Rpld | 21-57 | ||
| 1- 5-98 | 29-37(b) | ||
| 1-20-98 | Rpld | 2-321—2-327 | |
| 2- 2-98 | 15-204 | ||
| 3- 2-98 | 19-139(c) | ||
| 4-20-98(1) | 17-32 | ||
| 5-18-98(1) | 30-145—30-153 | ||
| 6- 1-98(1) | 9-29(a) | ||
| 6- 1-98(2) | 15-204(a) | ||
| 6-15-98(1) | 26-63(2), (3) | ||
| 6-17-98(1) | 31-56, 31-57, | ||
| 31-59, 31-60, | |||
| 31-61(b), 31-62, | |||
| 31-153, 31-156(a)(2) | |||
| 9- 8-98(1) | 34-379(7) | ||
| 11-16-98(1) | Rpld | 2-296—2-299 | |
| 11-16-98(2) | 4-37(a) | ||
| 11-16-98(3) | 5-57(b), 17-28(b), (c) | ||
| 18-1, 28-5, | |||
| 28-29, 28-30, | |||
| 28-119(d), 28-120(6) | |||
| 12- 7-98(1) | 14-2, 14-16(e) | ||
| 30-34(b), 30-146, | |||
| 30-148, 30-151, | |||
| 30-152 | |||
| 1-19-99(1) | 15-73, 15-99 | ||
| 3-15-99(1) | 1 | 15-39 | |
| 3-15-99(2) | 34-567(a)(1) | ||
| 6- 7-99(1) | 2-37 | ||
| 6- 7-99(2) | 2-37 | ||
| 6- 7-99(3) | 1 | 31-56, 31-57(a), | |
| 31-59, 31-60(d), (e), | |||
| 31-61(b), 31-62, | |||
| 31-153(a)(2), 31-156(a)(2) | |||
| 6-21-99 | 11-98 | ||
| 11- 1-99(1) | 14-2, 14-3, | ||
| 14-16, 14-17(c)(3), | |||
| 30-4, 30-37, | |||
| 30-40, 30-41, | |||
| 30-261, 30-294, | |||
| 30-325 | |||
| 11- 1-99(2) | 34-138(1), 34-581(a) | ||
| 11- 1-99(3) | 34-359—34-369 | ||
| 11- 1-99(4) | 34-835(8) | ||
| 34-854 | |||
| 34-901 | |||
| 34-902(c) | |||
| 2- 7-00(1) | 9-27(b) | ||
| 2- 7-00(2) | 15-139—15-141 | ||
| 3- 6-00 | 29-62(a) | ||
| 3-20-00(1) | Ch. 30, Art. V(tit.), | ||
| 30-155—3-160 | |||
| 3-20-00(2) | 34-723 | ||
| 3-20-00(3) | 31-112 | ||
| 4- 3-00 | 17-30(b) | ||
| 17-31—17-31.4 | |||
| 5-15-00 | 34-671(11) | ||
| 6- 5-00(1) | 19-95(e)—(h) | ||
| 19-96 | |||
| 19-101 | |||
| 19-105 | |||
| 19-106 | |||
| 6- 5-00(2) | 1 | 31-56 | |
| 31-57 | |||
| 31-59(a) | |||
| 31-60(d), (e) | |||
| 31-61(b) | |||
| 31-62 | |||
| 31-153 | |||
| 31-156 | |||
| 6-19-00(1) | 1 | 2-422, 2-423 | |
| 2 | 14-21(d) | ||
| 3 | 14-24 | ||
| 6-19-00(2) | 14-2 | ||
| 14-4(a)(10) | |||
| 14-6(g) | |||
| 14-12(e)—(h) | |||
| 14-21 | |||
| 30-5 | |||
| 30-32 | |||
| 6-19-00(3) | 20-11 | ||
| 6-19-00(4) | 22-3 | ||
| 22-11 | |||
| 22-12 | |||
| 22-53(b)—(d) | |||
| 22-80 | |||
| 6-19-00(5) | 30-282—30-284 | ||
| 6-19-00(6) | 31-125 | ||
| 9-18-00 | 19-57(b), 19-60 | ||
| 10- 2-00 | 14-2, 14-21, | ||
| 30-221, 30-222, | |||
| 30-223, 30-227 | |||
| 10-16-00(1) | 19-91, 19-94, | ||
| 19-95(i), 19-98(c)—(e), | |||
| 19-104(g), 19-136, | |||
| 19-137, 19-139(a), (d) | |||
| 10-16-00(2) | 34-575, | ||
| 34-902(a), | |||
| 34-903(c) | |||
| 11-20-00 | 2-6 | ||
| 2- 5-01 | 1 | 15-4, 15-149(e) | |
| 2-20-01 | 34-682—34-695 | ||
| 3- 5-01(1) | 1 | 15-149(b)—(e) | |
| 3- 5-01(2) | 28-29(c) | ||
| 3-19-01 | 34-731 | ||
| 4- 2-01 | 4-41, 4-42(a) | ||
| 5-21-01(1) | 15-201—15-203.1, | ||
| 15-204—15-211 | |||
| 5-21-01(2) | 29-40(a) | ||
| 5-21-01(3) | 1 | 15-149(e), 15-302 | |
| 6- 4-01(1) | 1 | 5-56, | |
| 5-57, | |||
| 5-58(a), | |||
| 5-60(a), | |||
| 5-62(a) | |||
| 6- 4-01(2) | 15-204 | ||
| 6- 4-01(3) | 21-26, 21-32, | ||
| 21-56, 21-58, | |||
| 21-59, 21-60 | |||
| Rpld | 21-63 | ||
| 6- 4-01(4) | 1 | 25-58(4), | |
| 25-61(a)(2), | |||
| 30-98(5) | |||
| 6- 4-01(5) | 1 | 31-56 | |
| 31-57(a), | |||
| 31-59(a), | |||
| 31-60(b)—(e), | |||
| 31-61(b), | |||
| 31-62 | |||
| 31-153(a)(2), | |||
| 31-156(a)(2) | |||
| 7-16-01(1) | 1 | 5-1, | |
| 5-26, | |||
| 5-27, | |||
| 5-28, | |||
| 5-56(e), | |||
| Rpld | 5-146—5-161 | ||
| Added | 5-146—5-154 | ||
| 5-161, | |||
| 5-162, | |||
| 5-163 | |||
| 2 Added | 5-4, | ||
| 5-161—5-163, | |||
| 5-171—5-175, | |||
| 5-181—5-185, | |||
| 5-191—5-198 | |||
| 3 Rpld | 17-22, | ||
| 17-23, | |||
| 17-30—17-31.4, | |||
| 17-32—17-36 | |||
| 7-16-01(2) | 15-246 | ||
| 8-20-01 | 9-27(b), 9-29(b) | ||
| 9- 4-01(1) | 15-202, | ||
| 15-203, | |||
| 15-203.1, | |||
| 15-207, | |||
| 15-208, | |||
| 15-210 | |||
| 9- 4-01(2) | 34-4 | ||
| 34-379(8) | |||
| 34-383 | |||
| 34-409(10) | |||
| 34-413 | |||
| 34-439(4), (7) | |||
| 34-443 | |||
| 34-464(1) | |||
| 34-469.1 | |||
| 34-489(5) | |||
| 9- 4-01(3) | 34-96(c) | ||
| 9-17-01 | 1 | 16-3, | |
| 16-10, 16-11 | |||
| 11- 5-01(1) | 2-40 | ||
| 11- 5-01(2) | 22-82 | ||
| 11- 5-01(3) | 34-4, | ||
| 34-379(8), | |||
| 34-383, | |||
| 34-409(10), | |||
| 34-413, | |||
| 34-439, | |||
| 34-443, | |||
| 34-464(1), | |||
| 34-469.1, | |||
| 34-489 | |||
| 12- 3-01(1) | 2-5 | ||
| 12- 3-01(2) | 34-330 | ||
| 12-17-01(1) | 4-41(a) | ||
| 12-17-01(2) | 34-944(a) | ||
| 3- 4-02 | 28-186—28-188, | ||
| 28-211—28-216 | |||
| 4-15-02 | 29-81(a) | ||
| 5-20-02(1) | 1 | 15-202, | |
| 15-203, | |||
| 15-203.1, | |||
| 15-204, | |||
| 15-205, | |||
| 15-207, | |||
| 15-208, | |||
| 15-209, | |||
| 15-210 | |||
| 5-20-02(2) | 26-64 | ||
| 5-20-02(3) | 30-426 | ||
| 6-17-02 | 1 | 31-56, | |
| 31-57(a), | |||
| 31-60(d), (e), | |||
| 31-61(b), | |||
| 31-62(1)c., (2), | |||
| 31-153(a)(2) | |||
| 31-156(a)(2) | |||
| 9- 3-02 | 9-27(b) | ||
| 9-16-02(1) | 14-2, | ||
| 14-4(a)(8), | |||
| 14-6, | |||
| 14-9(a), (e), | |||
| 14-12(e), (f), | |||
| 14-18(e) | |||
| 9-16-02(2) | 31-125, | ||
| 31-153 | |||
| 9-16-02(3) | 32-2(a)(1), | ||
| 32-3(a)(1) | |||
| 10- 7-02(1) | 31-125, | ||
| 31-153 | |||
| 10- 7-02(2) | 1 | 31-125, 31-153 | |
| 11-18-02(1) | 15-96(2), 15-99 | ||
| 11-18-02(2) | 1 | 31-153 | |
| 2 | 31-153(note) | ||
| 12- 2-02(1) | 12-50, 12-59 | ||
| 12- 2-02(2) | 19-95.2, 19-139 | ||
| 12-16-02 | 19-102.1 | ||
| 3- 3-03(1) | 15-149(e) | ||
| 15-151 | |||
| 3- 3-03(2) | 15-208(b)(2) | ||
| 3- 3-03(3) | 25-58(4), (5) | ||
| 3- 3-03(4) | 1 | 30-96 | |
| 30-98 | |||
| 30-101 | |||
| 3- 3-03(5) | 31-153(a)(2) | ||
| 31-156(a)(2) | |||
| 4-21-03(3) | Rpld | 2-37(b)(3) | |
| 4-15-03(1) | 1 | 15-39 | |
| 4-15-03(2) | 1 | 26-37 | |
| 26-64 | |||
| 4-15-03(3) | 1 | 30-283 | |
| 4-21-03(2) | 15-138 | ||
| 4-21-03(1) | 15-4(e) | ||
| 15-147 | |||
| 15-151 | |||
| 28-2 | |||
| 28-31 | |||
| 5- 5-03(1) | 2-7(b), (c) | ||
| 22-9 | |||
| 5- 5-03(2) | 2-146 | ||
| 19-91 | |||
| 19-95(b), (h) | |||
| 19-95.2(b) | |||
| 19-96(c) | |||
| 5-19-03 | 2-7(b), (c), | ||
| 22-9 | |||
| 6-16-03 | 1 | 31-29(a) | |
| 31-56 | |||
| 31-57 | |||
| 31-59(a) | |||
| 31-60(c)—(e) | |||
| 31-61(b), (c) | |||
| 31-62(1), (2) | |||
| 31-69(b) | |||
| 31-102(b), (c), (e) | |||
| 31-104 | |||
| 31-106(a), (e) | |||
| 31-153(a) | |||
| 31-156 | |||
| 31-159(a) | |||
| 31-161(b) | |||
| 7- 7-03 | 28-31(a)(7) | ||
| 7-21-03 | 2-8(a), (c) | ||
| 8- 4-03 | 11-92(c) | ||
| 30-62 | |||
| 30-64 | |||
| 9-15-03(1) | 5-152 | ||
| 9-15-03(2) | 15-136 | ||
| 15-141 | |||
| 15-149(e) | |||
| 9-15-03(3) | 34-1—34-11 | ||
| 34-26—34-28 | |||
| 34-41—34-44, | |||
| 34-61—34-66, | |||
| 34-81—34-89 | |||
| 34-106—34-111 | |||
| 34-126—34-139 | |||
| 34-156—34-164 | |||
| 34-181—34-184 | |||
| 34-201, 34-202 | |||
| 34-216 | |||
| 34-240—34-257 | |||
| 34-271—34-291 | |||
| 34-306—34-314 | |||
| 34-326—34-328 | |||
| 34-350—34-354 | |||
| 34-366—34-370 | |||
| 34-386—34-391 | |||
| 34-415 | |||
| 34-420 | |||
| 34-440 | |||
| 34-456—34-458 | |||
| 34-471 | |||
| 34-480 | |||
| 34-490—34-494 | |||
| 34-500—34-505 | |||
| 34-515—34-519 | |||
| 34-540—34-542 | |||
| 34-556—34-563 | |||
| 34-576—34-583 | |||
| 34-596—34-603 | |||
| 34-616—34-622 | |||
| 34-636—34-642 | |||
| 34-656—34-662 | |||
| 34-676—34-681 | |||
| 34-696—34-701 | |||
| 34-736—34-740 | |||
| 34-756—34-760 | |||
| 34-776—34-782 | |||
| 34-796 | |||
| 34-800—34-804 | |||
| 34-820—34-828 | |||
| 34-850 | |||
| 34-861—34-875 | |||
| 34-880, 34-881 | |||
| 34-896, 34-897 | |||
| 34-910—34-914 | |||
| 34-930—34-934 | |||
| 34-960 | |||
| 34-970—34-986 | |||
| 34-1000—34-1005 | |||
| 34-1020—34-1054 | |||
| 34-1070—34-1083 | |||
| 34-1100—34-1106 | |||
| 34-1120—34-1126 | |||
| 34-1140—34-1151 | |||
| 34-1170—34-1174 | |||
| 34-1190—34-1193 | |||
| 34-1200 | |||
| 11- 3-03(1) | 15-246 | ||
| 11- 3-03(2) | 28-25 | ||
| 11-17-03 | 1 | 34-272(6) | |
| 12- 1-03(1) | 2-266—2-271 | ||
| 12- 1-03(2) | 8-6 | ||
| 28-111(5) | |||
| 28-114 | |||
| 28-115 | |||
| 28-119 | |||
| 28-121 | |||
| Rpld | 28-122—28-126 | ||
| 34-275 | |||
| 34-1024(c) | |||
| 12-15-03 | 2-416—2-420 | ||
| Rpld | 2-421 | ||
| 1- 5-04(1) | 1 | 14-6(c) | |
| 2 | 15-48, 15-49 | ||
| 3 | 30-227(b) | ||
| 4 | 30-283, 30-286(b) | ||
| 1- 5-04(2) | 1 | 30-3, 30-6 | |
| 2 | 30-34 | ||
| 3 | 30-73 | ||
| 4 | 30-164 | ||
| 1-20-04 | 34-558(a) | ||
| 2-17-04(1) | 1 | 5-155 | |
| 3- 1-04(1) | 5-26(a), (b) | ||
| 5-28 | |||
| 5-163(c)—(g) | |||
| 3- 1-04(2) | 12-1—12-3, | ||
| 12-15—12-19, | |||
| 12-30—12-32 | |||
| 3-15-04(1) | 19-95.3 | ||
| 4-13-04(1) | 1 | 5-56(a) | |
| 4-13-04(2) | 1 | 10-39 | |
| 34-41(b) | |||
| 34-106(b) | |||
| 34-282(a) | |||
| 34-63 | |||
| 34-515(c) | |||
| 34-820(a) | |||
| 34-826 | |||
| 4-13-04(3) | 1 | 15-9 | |
| 4-13-04(4) | 1 | 20-36 | |
| 4-13-04(5) | 1 | 26-64 | |
| 4-13-04(6) | 1 | 26-77 | |
| 4-13-04(7) | 1 | 30-222(b) | |
| 4-13-04(8) | 1 | 30-222(c) | |
| 4-13-04(9) | 1 | 30-253 | |
| 4-13-04(10) | 1 | 30-400 | |
| 4-13-04(11) | 1 | 30-451 | |
| 4-19-04(1) | 1 | 30-98(6) | |
| 30-101 | |||
| 5-17-04 | 17-37(c) | ||
| 6- 7-04 | 1 | 31-56 | |
| 31-57 | |||
| 31-59 | |||
| 31-60(b)—(e) | |||
| 31-61(b), (c) | |||
| 31-62(1), (2) | |||
| 31-69 | |||
| 31-153(a) | |||
| 31-156(a)(2) | |||
| 6-19-04 | 2-35 | ||
| 6-21-04 | 28-186—28-188, | ||
| 28-211—28-216 | |||
| 8-16-04 | 34-558 | ||
| 9-20-04(1) | 2-41 | ||
| 9-20-04(2) | 15-1 | ||
| 15-2 | |||
| 15-3 | |||
| 15-4(c)(5) | |||
| 15-7(b) | |||
| 15-9 | |||
| 15-132 | |||
| 15-133 | |||
| 15-271 | |||
| 15-272 | |||
| 15-273 | |||
| 15-274(a) | |||
| Rpld | 15-296 | ||
| 15-297 | |||
| 15-298 | |||
| 15-301 | |||
| 15-302 | |||
| 9-20-04(3) | 1 | 15-52 | |
| 2 Rpld | 15-236 | ||
| Amd | 15-242, 15-244 | ||
| Rpld | 15-245 | ||
| Amd | 15-246 | ||
| Rpld | 15-247 | ||
| Amd | 15-251 | ||
| 3 | 20-57 | ||
| 11- 1-04 | 1 Rpld | 5-2 | |
| 5-3 | |||
| 2 Rpld | 5-30 | ||
| 5-31 | |||
| Rpld | 5-32—5-37 | ||
| 3 Added | 5-32, 5-33 | ||
| 4 | 5-56 | ||
| 5 Rpld | 5-57—5-64 | ||
| 6 Added | 5-57 | ||
| 7 Rpld | 5-86—5-97 | ||
| 11-15-04(1) | 1 | 5-4(b) | |
| 5-163(g) | |||
| 2 | 14-2 | ||
| 14-3(b), (c) | |||
| 14-6(h) | |||
| 14-22 | |||
| 3 | 30-6 | ||
| 4 | 30-31 | ||
| 30-33 | |||
| 30-39 | |||
| Rpld | 30-40, 30-41 | ||
| 5 | 30-98(6) | ||
| 6 Rpld | 30-261 | ||
| 7 | 30-282 | ||
| Rpld | 30-294 | ||
| 8 Rpld | 30-325 | ||
| 9 | 30-347 | ||
| 11-15-04(2) | 1 | 15-4(c)—(i) | |
| 2 Rpld | 15-128 | ||
| 15-133(a) | |||
| Rpld | 15-147 | ||
| 3 Rpld | 15-171 | ||
| 4 | 28-5 | ||
| 28-12 | |||
| 28-14 | |||
| 28-30 | |||
| 11-15-04(3) | Rpld | 22-1—22-25, | |
| 22-46—22-54, | |||
| 22-71—22-80, | |||
| 22-82, | |||
| 22-96—22-100, | |||
| 22-126—22-128, | |||
| 22-146—22-154 | |||
| Added | 22-1—22-13, | ||
| 22-30—22-33 | |||
| 9-20-04 | 1 Rpld | 10-1—10-10, | |
| 10-36—10-43 | |||
| Added | 10-1—10-9, | ||
| 10-21—10-23, | |||
| 10-31—10-43, | |||
| 10-50—10-59, | |||
| 10-71—10-75, | |||
| 10-90—10-93 | |||
| 1-18-05 | 34-242(b) | ||
| 34-251(2) | |||
| 34-252(a)(1) | |||
| 34-254(1) | |||
| 2- 7-05 | 1 | 34-272(7) | |
| 2-22-05 | 30-156, 30-160 | ||
| 3- 7-05 | 9-29(b) | ||
| 6- 6-05(1) | 11-8 | ||
| 31-8 | |||
| 31-29 | |||
| 31-56 | |||
| 31-57 | |||
| 31-59 | |||
| 31-60(b), (d), (e) | |||
| 31-61(b) | |||
| 31-62 | |||
| 31-64(b), (g) | |||
| 31-65(a) | |||
| 31-66 | |||
| 31-69 | |||
| 31-104 | |||
| 31-120 | |||
| 31-152(b), (g) | |||
| 31-153(a) | |||
| 31-156(a)(2) | |||
| 31-158(a) | |||
| 31-159 | |||
| 31-161 | |||
| 6- 6-05(2) | 34-82(b)(6) | ||
| 34-216(8), (14), (33) | |||
| 34-251(c)(4) | |||
| 34-253 | |||
| Rpld | 34-273(b)62.—65. | ||
| 34-280 | |||
| 34-282(a), (d)(1) | |||
| 34-309(a)(1) | |||
| 34-312(a), (a)(1) | |||
| 34-314 | |||
| 34-353(a), (b)(1), (d)(1) | |||
| 34-354(2) | |||
| 34-367(3) | |||
| 34-420 | |||
| 34-480 | |||
| 34-558(b)(1) | |||
| 34-560 | |||
| 34-562(b) | |||
| 34-578(a), (b)(1) | |||
| 34-580(c) | |||
| Ch. 34, Art. VI, Div. 4(tit) | |||
| 34-598(c) | |||
| Ch. 34, Art. VI, Div. 5(tit) | |||
| 34-618(1)—(4) | |||
| Ch. 34, Art. VI, Div. 6(tit) | |||
| 34-638(b)(1)—(4) | |||
| 34-641(a) | |||
| 34-642(b) | |||
| Ch. 34, Art. VI, Div. 8(tit) | |||
| 34-681(b) | |||
| Ch. 34, Art. VI, Div. 9(tit) | |||
| 34-698(a) | |||
| Ch. 34, Art. VI, Div. 10(tit) | |||
| 34-738(1) | |||
| Ch. 34, Art. VI, Div. 11(tit) | |||
| 34-758(1) | |||
| Ch. 34, Art. VI, Div. 12(tit) | |||
| 34-778(a)(1), (2), (b)(1) | |||
| 34-796 | |||
| 34-820(b)(1) | |||
| 34-821(a) | |||
| 34-824(a) | |||
| 34-827(d)(5), (7) | |||
| 34-828(b) | |||
| 34-874(b) | |||
| 34-932(a) | |||
| 34-972(a), (b) | |||
| 34-973(3), (5) | |||
| 34-975(f), (h)(2) | |||
| 34-976(3) | |||
| 34-982 | |||
| 34-984 | |||
| 34-986 | |||
| 34-1050 | |||
| 34-1052 | |||
| 34-1101(c) | |||
| 34-1104 | |||
| 34-1123 | |||
| 34-1147(c)(1) | |||
| 34-1200 | |||
| 8- 1-05(1) | Added | 19-8 | |
| 8- 1-05(2) | Added | 30-65.1 | |
| 9-19-05(1) | 19-96(c) | ||
| 19-97(1), (2) | |||
| 9-19-05(2) | 19-107(a) | ||
| Added | 19-150—19-158 | ||
| 10-17-05 | 1 Rpld | 15-36—15-51, 15-134 | |
| 2 Added | 15-36—15-38 | ||
| Rnbd | 15-52 | ||
| as | 15-39 | ||
| Amd | 15-131, 15-149(e), | ||
| 15-251(a)(1), 15-271, | |||
| 30-35 | |||
| 11- 7-05(1) | 1 Rpld | 14-6 | |
| Added | 14-6 | ||
| 2 | 30-5(a) | ||
| 3 | 30-31 | ||
| 30-33(b) | |||
| 30-35 | |||
| 4 | 30-164(a) | ||
| 5 | 30-259 | ||
| 6 | 30-291 | ||
| 7 | 30-321 | ||
| 11- 7-05(2) | Added | 30-51—30-54 | |
| 11-21-05 | 34-157(a)(7) | ||
| 34-353(a) | |||
| 34-457(b)(2), (3) | |||
| 34-984 | |||
| 34-1045(b), (c) | |||
| 34-1101(a) | |||
| 34-1120(tit.), (a) | |||
| 34-1121(a)(1) | |||
| 34-1200 | |||
| 12- 5-05(1) | Ch. 10(tit.) | ||
| 10-5 | |||
| 10-6(a) | |||
| 10-31(3) | |||
| 10-50(a) | |||
| 10-51(1)e., f. | |||
| 10-54(2) | |||
| Added | 10-76 | ||
| 10-91(a)(2), (note) | |||
| 10-92(a) | |||
| 10-93(d), (note) | |||
| 31-186 | |||
| 31-191 | |||
| 12- 5-05(2) | 28-2 | ||
| 28-30 | |||
| 28-112 | |||
| 28-116 | |||
| 28-119(a), (b), (e), (g) | |||
| Rpld | 28-120 | ||
| 28-121(a), (b), (g) | |||
| 28-211(b), (d) | |||
| 28-212 | |||
| 28-213 | |||
| 28-214(a), (c), (e), (j), (k) | |||
| 28-216(a)(1) | |||
| 1-17-06(1) | 19-104 | ||
| 1-17-06(2) | 29-62(a) | ||
| 1-17-06(3) | 34-41 | ||
| 1-17-06(4) | 1 | 34-272(1), (2) | |
| 1-17-06(5) | 1 | 34-272(8) | |
| 1-17-06(6) | Added | 34-1107 | |
| 34-1200 | |||
| 1-17-06(7) | 34-1120 | ||
| 2- 6-06 | Added | 2-10 | |
| 2-21-06 | 34-157, 34-158 | ||
| 6- 5-06 | 1 | 31-56 | |
| 31-57 | |||
| 31-59 | |||
| 31-60(d), (e) | |||
| 31-61(b) | |||
| 31-62 | |||
| 31-153(a)(2) | |||
| 31-156(a)(2) | |||
| 6-19-06(1) | 29-126 | ||
| 6-19-06(2) | 34-580(a) | ||
| 34-600(a) | |||
| 7-17-06 | 34-158, | ||
| Added | 34-165, 34-166 | ||
| 8- 7-06 | 15-209(a) | ||
| 9- 5-06 | 34-1101(b), (d) | ||
| 34-1200 | |||
| 9-18-06 | 34-158, 34-165, | ||
| 34-166 | |||
| Added | 34-167 | ||
| 11- 6-06(1) | 1 | 15-149(b)—(d) | |
| 2 | 15-301(a)(2)(v), | ||
| 15-302(a) | |||
| 11- 6-06(2) | 34-480 | ||
| 11- 6-06(3) | 34-1200 | ||
| 11-20-06(1) | Rpld | 2-390 | |
| 11-20-06(2) | 4-1—4-13, | ||
| 4-15—4-22, | |||
| 4-36—4-47 | |||
| 11-20-06(3) | 14-24(b)—(d) | ||
| 11-20-06(4) | 31-125(a) | ||
| 11-20-06(5) | 34-492 | ||
| 12- 4-06 | 1 | 15-36(a), (b) | |
| 15-37(b)—(d) | |||
| 12-18-06(1) | 1 | 14-2, 14-4(20), (21) | |
| 14-5(b), 14-12(c)—(g) | |||
| 2 | 30-5(b) | ||
| 30-285(b) | |||
| 12-18-06(2) | 2 | 34-273(b) | |
| 12-18-06(3) | 34-662(e) | ||
| 12-18-06(4) | 34-1107 | ||
| 2- 5-07 | 5-150(a) | ||
| 2-20-07 | 34-480 | ||
| 3- 5-07 | 4-42(a) | ||
| 5-21-07(1) | 1 | 2-240 | |
| 5-21-07(2) | 1 | 30-451 | |
| 5-21-07(3) | 34-480 | ||
| 6- 4-07(1) | 1 | 30-426 | |
| 6- 4-07(2) | 1 | 31-29 | |
| 31-56 | |||
| 31-57(a)(1), (2) | |||
| 31-59(a)(1), (2) | |||
| 31-60(d), (e) | |||
| 31-61(b), (c) | |||
| 31-62(1), (2) | |||
| 31-102(b) | |||
| 31-106(a) | |||
| 31-153(a)(2) | |||
| 31-156(a)(2) | |||
| 7- 2-07(1) | 2-40 | ||
| 7- 2-07(2) | Added | 15-101 | |
| 7- 2-07(3) | Added | 19-141—19-146 | |
| 9- 4-07 | 2-5(4) | ||
| Ch. 2, Art. XII(tit.) | |||
| 2-386—2-389 | |||
| 22-5(6) | |||
| 34-282(c)(3) | |||
| 9-17-07 | 30-155—30-160 | ||
| 10-15-07 | 18-1 | ||
| 11-19-07(1) | 10-5 | ||
| 10-31 | |||
| 10-33 | |||
| 10-35(2), (5), (6) | |||
| 10-36 | |||
| Added | 10-36.1 | ||
| 10-37(a)(4) | |||
| 10-39(4) | |||
| 10-40(b)(2) | |||
| 11-19-07(2) | 34-61—34-66, | ||
| 34-1200 | |||
| 2-19-08 | 34-1020—34-1038, | ||
| 34-1040—34-1046, | |||
| 34-1200 | |||
| 3- 3-08 | 16-3, 16-5, | ||
| 16-10, 16-11, | |||
| 16-12 | |||
| 4-21-08(1) | 29-1—29-11, | ||
| 29-36—29-38, | |||
| 29-56—29-60, | |||
| 29-76—29-82, | |||
| 29-110, 29-111, | |||
| 29-140, 29-141, | |||
| 29-160—29-163, | |||
| 29-180—29-183, | |||
| 29-200—29-204, | |||
| 29-230—29-234, | |||
| 29-260, 29-261 | |||
| 4-21-08(2) | 34-241, 34-242, | ||
| 34-244, | |||
| 34-247—34-253, | |||
| 34-257 | |||
| Added | 34-258 | ||
| 34-1200 | |||
| 5-19-08(1) | 1 | 26-61, | |
| 26-64 | |||
| 5-19-08(2) | Ch. 30, Art. V(tit.), | ||
| Added | 30-160.1—20-16.11 | ||
| 5-19-08(3) | 34-540—34-542 | ||
| 34-556—34-563 | |||
| 34-576—34-583 | |||
| 34-616—34-622 | |||
| 34-636—34-642 | |||
| 34-656—34-662 | |||
| 34-676—34-681 | |||
| 34-696—34-701 | |||
| 34-736—34-740 | |||
| 34-741—34-747 | |||
| 34-756—34-760 | |||
| 34-761—34-774 | |||
| 34-776—34-782 | |||
| 5-19-08(4) | 34-796 | ||
| 6- 2-08 | 15-203(e) | ||
| 6-16-08(1) | 15-101 | ||
| 6-16-08(2) | 31-30(tit.), (d), | ||
| 31-31(a) | |||
| Rpld | 31-33 | ||
| 31-35, | |||
| 31-59 | |||
| 6-16-08(3) | 1 | 31-56 | |
| 31-57(a)(1), (2) | |||
| 31-59(a)(1), (2) | |||
| 31-60(d), (e) | |||
| 31-61(b), (c) | |||
| 31-62(1), (2) | |||
| 31-102(b), (c), (e) | |||
| 31-103 | |||
| 31-106 | |||
| 31-153(a) | |||
| 31-156(a)(2) | |||
| 2 | 31-102(note) | ||
| 31-106(note) | |||
| 6-16-08(4) | 31-189(a)(2) | ||
| 7-21-08(1) | Added | 31-102.1 | |
| Added | 31-106.1 | ||
| 7-21-08(2) | 34-81(c) | ||
| 8-18-08 | 15-73 | ||
| 9- 2-08(1) | 34-328 | ||
| 9- 2-08(2) | 34-796 | ||
| 9-15-08(1) | 34-420 | ||
| 34-480 | |||
| 34-796 | |||
| 9-15-08(2) | 34-560 | ||
| Rpld | 34-561 | ||
| 34-580 | |||
| Rpld | 34-581 | ||
| 34-600 | |||
| Rpld | 34-601 | ||
| 34-621 | |||
| 34-641 | |||
| 34-659 | |||
| 34-744 | |||
| Rpld | 34-745 | ||
| 34-760 | |||
| 34-764 | |||
| Rpld | 34-765 | ||
| 34-773 | |||
| 34-780 | |||
| 11- 3-08(1) | Added | 15-152 | |
| 11- 3-08(2) | 31-125 | ||
| 11- 3-08(3) | 2 | 34-273(b)59. | |
| 11-17-08(1) | 34-216(34)—(36) | ||
| 34-796 | |||
| 11-17-08(2) | 34-796 | ||
| 11-17-08(3) | 34-870(e), (f) | ||
| 1-20-09 | 34-160 | ||
| 34-800 | |||
| 34-801 | |||
| 34-820 | |||
| 34-821 | |||
| 34-823 | |||
| 34-827 | |||
| 34-828 | |||
| 3-16-09(1) | Added | 34-12, 34-45, | |
| 34-168 | |||
| 3-16-09(2) | Added | 34-335—34-348 | |
| 34-1200 | |||
| 3-16-09(3) | 34-1200 | ||
| Added | 34-935 | ||
| 34-420 | |||
| 34-480 | |||
| 34-796 | |||
| 4- 6-09 | 34-1 | ||
| 4-20-09 | 34-828(d)(10) | ||
| 34-896(b) | |||
| 34-897(b), (e)(4) | |||
| 34-934(d) | |||
| 34-972 | |||
| Rpld | 34-976 | ||
| 34-1200 | |||
| 5- 4-09(1) | 28-211, | ||
| 28-212, | |||
| 28-214 | |||
| 5- 4-02(2) | 34-286(a)—(c) | ||
| 6- 1-09 | 1 | 31-56 | |
| 31-57 | |||
| 31-60(d), (e) | |||
| 31-61(b) | |||
| 31-62 | |||
| 31-153 | |||
| 31-156 | |||
| 7-20-09(1) | 15-204 | ||
| 7-20-09(2) | 34-420 | ||
| 34-480 | |||
| 34-796 | |||
| Added | 34-936 | ||
| 34-1200 | |||
| 7-20-09(3) | Added | 34-1027(19) | |
| 34-1038(g)(7) | |||
| Rpld | 34-1046 | ||
| 34-1200 | |||
| 8-17-09 | 34-1105 | ||
| 34-1171 | |||
| 9- 8-09 | 15-133 | ||
| 9-21-09(1) | Rpld | 26-1, 26-2, | |
| 26-26—26-32, | |||
| 26-35—26-41, | |||
| 26-60—26-72, | |||
| 26-75—26-82 | |||
| Added | 26-1—26-3, | ||
| 26-27—26-34, | |||
| 26-45—26-50, | |||
| 26-60—26-71, | |||
| 26-75—26-81 | |||
| 9-21-09(2) | 2 | 34-971(e) | |
| 9-21-09(3) | 34-972 | ||
| 10- 5-09 | . | 15-101 | |
| 11-16-09 | 34-796 | ||
| 12- 7-09 | 10-5 | ||
| 10-50 | |||
| Rpld | 10-51, 10-52 | ||
| Rnbd | 10-53—10-57 | ||
| as | 10-51—10-57 | ||
| Amd | 10-51—10-57 | ||
| 1-19-10 | 12-30 | ||
| 12-31(a) | |||
| 12-32(9), (10) | |||
| 2- 1-10 | Added | 28-32 | |
| 2-16-10 | 34-796 | ||
| 3- 1-10(1) | 16-11 | ||
| 3- 1-10(2) | 19-139(f), (g) | ||
| 4- 5-10(1) | 9-29(b) | ||
| 4- 5-10(2) | 15-98 | ||
| 4-19-10 | 34-158 | ||
| 6- 7-10(1) | 15-210(c)(1) | ||
| 6- 7-10(2) | 1 | 31-56 | |
| 31-60(d), (e) | |||
| 31-61(b) | |||
| 31-62(1), (2) | |||
| 31-153(a) | |||
| 31-156(a)(2) | |||
| 6- 7-10(3) | 34-164 | ||
| 34-822(a) | |||
| 6-21-10(1) | 15-204 | ||
| 6-21-10(2) | 34-618(5) | ||
| 34-638(a)(1) | |||
| 7-19-10 | 34-181 | ||
| 34-699 | |||
| Rpld | 34-701 | ||
| 34-796 | |||
| 34-1174 | |||
| 34-1200 | |||
| 7-21-10 | 34-420 | ||
| 8- 2-10 | 28-25 | ||
| 8-16-10(1) | 15-73 | ||
| 8-16-10(2) | 16-11 | ||
| 8-16-10(3) | 28-31 | ||
| 8-16-10(4) | Rpld | 34-389 | |
| 8-16-10(5) | 34-562 | ||
| 34-619 | |||
| 34-640 | |||
| 34-746 | |||
| 34-766 | |||
| 34-771 | |||
| 9- 7-10(1) | 4-2 | ||
| 4-7 | |||
| 4-9 | |||
| 4-15(b) | |||
| 9- 7-10(2) | 28-158 | ||
| 9-20-10 | 28-2(a), (b) | ||
| Ch. 28, Art. IV(tit.) | |||
| Added | 28-127 | ||
| 10- 4-10(1) | 28-26 | ||
| 10- 4-10(2) | 34-27 | ||
| 34-420 | |||
| 34-480 | |||
| 34-796 | |||
| Added | 34-1194 | ||
| 34-1200 | |||
| 10- 4-10(3) | 34-216 | ||
| 34-480 | |||
| 10-18-10(1) | 34-86(b)(8), (c) | ||
| 34-1200 | |||
| 10-18-10(2) | 34-337(1) | ||
| 12-20-10(1) | 34-796 | ||
| 12-20-10(2) | 34-972(a)(4), (5) | ||
| 1-18-11 | 34-420 | ||
| 34-480 | |||
| 34-796 | |||
| Added | 34-937 | ||
| 34-1200 | |||
| 3- 7-11 | 28-211 | ||
| 28-212 | |||
| 28-214 | |||
| 28-216 | |||
| 4- 4-11(1) | 1 | 9-1, | |
| 9-26—9-30 | |||
| 4- 4-11(1) | Added | 30-475—30-479 | |
| 4-18-11(1) | 2 | 34-273(b)21. | |
| 4-18-11(2) | 34-480 | ||
| 34-796 | |||
| 5- 2-11 | 16-10 | ||
| 5-16-11 | Added | 34-13 | |
| 6- 6-11 | 1 Added | 15-252 | |
| 6-20-11(1) | 1 | 31-56 | |
| 31-57(a), (b) | |||
| 31-60(c)—(e) | |||
| 31-61(b), (c) | |||
| 31-62(1)—(3) | |||
| 31-153(a), (b) | |||
| 31-156(a), (b) | |||
| 6-20-11(2) | 34-796 | ||
| 7- 5-11 | 9-28(a) | ||
| 7-18-11 | 34-280(a), (b) | ||
| 34-309(f) | |||
| 9-19-11(1) | 2 | 34-273(b)69.1 | |
| 9-19-11(2) | 34-1104 | ||
| 11- 7-11 | 33-7 | ||
| 11-21-11(1) | 14-24 | ||
| 11-21-11(2) | 34-86 | ||
| 34-352 | |||
| 11-21-11(3) | 34-503 | ||
| 34-516 | |||
| 34-517 | |||
| 34-1200 | |||
| 12-19-11 | 30-156 | ||
| 30-160(g) | |||
| 1- 3-12 | 19-91 | ||
| 19-92 | |||
| 19-93 | |||
| 19-95 | |||
| 19-96 | |||
| 19-104 | |||
| Added | 19-104.1 | ||
| 19-105 | |||
| 19-106 | |||
| 19-139 | |||
| 1-17-12 | 34-1120(b)(1)—(7) | ||
| 3-19-12 | 1 | 19-57, 19-59 | |
| 4- 2-12 | 28-212 | ||
| 4-10-12 | 1 | 30-256, | |
| 30-287 | |||
| 5- 7-12 | 15-99 | ||
| 6- 4-12 | 1 | 31-56 | |
| 31-60(c)—(e) | |||
| 31-61(b), (c) | |||
| 31-62(1)—(3) | |||
| 31-102(a), (b) | |||
| 31-106(a) | |||
| 31-153(a), (b) | |||
| 31-156(a), (b) | |||
| 7-16-12 | 34-282, 34-283, 34-309, 34-312, 34-328, 34-343, 34-345, 34-801, 34-802, 34-820, 34-862 | ||
| Rpld | 34-865 | ||
| 34-913, 34-971, 34-973, 34-983, 34-986, 34-1003(a) | |||
| Rpld | 34-1004 | ||
| Added | 34-1004 | ||
| 34-1038(c), 34-1041, 34-1042, 34-1043, 34-1045, 34-1075, 34-1077, 34-1078, 34-1120, 34-1124 | |||
| 12-17-12(1) | 34-86(b) | ||
| 34-277(d) | |||
| 34-285(a) | |||
| 34-340(f) | |||
| 34-346(b) | |||
| 12-17-12(2) | 34-796 | ||
| 1- 7-13 | 30-160.1 | ||
| 30-160.4(2) | |||
| 1-22-13 | 9-28(a) | ||
| 2- 4-13 | Added | 15-400—15-403, | |
| 15-411—15-413, | |||
| 15-420—15-427, | |||
| 15-435—15-436 | |||
| 2-19-13 | 1 Added | 10-100—10-108 | |
| 5- 6-13(1) | 28-151 | ||
| 28-155 | |||
| 28-156 | |||
| 28-158 | |||
| 28-159 | |||
| 28-160 | |||
| 28-161 | |||
| 28-162 | |||
| 5- 6-13(2) | 34-480 | ||
| 34-796 | |||
| Added | 34-1175 | ||
| 34-1200 | |||
| 5-20-13(1) | Added | 2-430—2-435, | |
| 2-437, 2-439.1, | |||
| 2-439.2, 2-440, | |||
| 2-441, 2-442 | |||
| 5-20-13(2) | 15-99 | ||
| 5-20-13(3) | 1, 2 | 29-182(j)(3) | |
| 5-20-13(4) | 34-12(e) | ||
| 6- 3-13(1) | 26-76, 26-77 | ||
| 6- 3-13(2) | 1, 2 | 31-56 | |
| 31-57 | |||
| 31-60(d), (e) | |||
| 31-61(b), (c) | |||
| 31-62 | |||
| 31-153(a) | |||
| 31-156(a)(2) | |||
| 6-17-13 | 15-149 | ||
| 7- 1-13 | 19-106(a) | ||
| 7-15-13 | 34-621(a), (b) | ||
| 34-641(a), (b) | |||
| 8-19-13 | 15-209(a)(1), (2) | ||
| 15-210(c)(3)—(5) | |||
| 9-16-13 | 34-491 | ||
| 34-492 | |||
| 34-501(a)(1) | |||
| 34-503 | |||
| 34-504 | |||
| 34-515(a), (b) | |||
| 34-516(b)(5) | |||
| 34-517 | |||
| 34-518(a) | |||
| 10- 7-13(1) | Added | 19-9 | |
| 10- 7-13(2) | 1 | 30-425 | |
| 10-21-13 | 15-99 | ||
| 11- 4-13 | Added | Ch. 18, Art. I(tit.) | |
| Added | 18-5—18-18-12 | ||
| 11-18-13 | 29-110(a)(34) | ||
| 29-111(b)(10) | |||
| 34-12(e), (g) | |||
| 34-827(d)(1) | |||
| 34-828(d)(3) | |||
| 2- 3-14 | 28-121 | ||
| 28-214 | |||
| 4- 7-14 | 2-37(e) | ||
| 4-10-14 | 30-451 | ||
| 5- 5-14 | 1 | 10-1—10-10 | |
| 2 | 10-21—10-23, | ||
| 10-31—10-36.1, | |||
| 10-37—10-43 | |||
| 3 Rpld | 10-50—10-57 | ||
| Added | 10-50—10-59 | ||
| 5-19-14 | 1 | 29-2(4), (5) | |
| 29-3 | |||
| 29-76(a), (e), (g) | |||
| 29-111(a)(1), (2), (b)(1), (10), (c) | |||
| 29-161(a)(1), (2), (e) | |||
| 29-202 | |||
| 29-231(a), (c)(1)—(3) | |||
| 29-232 | |||
| 29-260(a)—(c), (c)(1), (2) | |||
| 2 | 34-803(d) | ||
| 34-827(d)(4), (5), (7), (9), (10), (15) | |||
| 34-828(d)(1), (6), (10) | |||
| 6- 2-14(1) | 1 | Ch. 12(tit.) | |
| Added | 12-40—12-43 | ||
| 6- 2-14(2) | 28-52 | ||
| 6- 2-14(3) | 1 | 31-56 | |
| 31-57 | |||
| 31-60(c)—(e) | |||
| 31-61(b), (c) | |||
| 31-62(1)c., (2), (3) | |||
| 31-153(a) | |||
| 31-156(a)(2), (b) | |||
| 6-16-14 | 30-254 | ||
| 30-284(b)—(d) | |||
| 9- 2-14 | 34-337 | ||
| 9-15-14(1) | 11-7 | ||
| 9-15-14(2) | 15-210(d)(6) | ||
| 9-15-14(3) | 30-161(a) | ||
| 30-168 | |||
| 30-169 | |||
| 30-170 | |||
| 30-171 | |||
| 30-172 | |||
| 11-17-14 | 15-73 | ||
| 12-15-14 | 22-1 | ||
| 22-4 | |||
| 22-5 | |||
| 22-6 | |||
| 22-32 | |||
| 3- 2-15 | 2-6 | ||
| 4-14-15 | 1 | 30-283 | |
| 6- 1-15(1) | 1 | 31-56 | |
| 31-57(a), (b) | |||
| 31-60(c)—(e) | |||
| 31-61(b)—(d), (h), (i) | |||
| 31-62 | |||
| 31-102.1 | |||
| 31-106.1 | |||
| 31-153(a), (b) | |||
| 31-156 | |||
| 6- 1-15(2) | 1 | 31-8 | |
| 31-29 | |||
| 31-64(a), (b) | |||
| 31-66(a) | |||
| 31-102(a), (b) | |||
| 31-104 | |||
| 31-120 | |||
| 31-152(a), (b) | |||
| 31-159 | |||
| 6- 1-15(3) | 30-284(d)(7), (9), (10) | ||
| 6- 1-15(4) | 1 | 15-101 | |
| 6-15-15(1) | 34-1124 | ||
| 6-15-15(2) | 34-12(c) | ||
| 7-20-15(1) | 20-11 | ||
| 7-20-15(2) | 1 Rpld | 34-240—34-258 | |
| Added | 34-240—34-261 | ||
| 2 | 34-1200 | ||
| 8-17-15(1) | 5-150 | ||
| 8-17-15(2) | 15-99 | ||
| 8-17-15(3) | 15-99 | ||
| 9- 8-15(1) | 10-103 | ||
| 9- 8-15(2) | 34-1172, | ||
| 34-1200 | |||
| 10-19-15(1) | 25-58 | ||
| 10-19-15(2) | 30-320 | ||
| 10-19-15(3) | 29-59 | ||
| 34-8 | |||
| 34-41, 34-42 | |||
| 34-158 | |||
| 34-160 | |||
| 34-515 | |||
| 34-804 | |||
| 12-21-15(1) | 2-6 | ||
| 12-21-15(2) | 34-420 | ||
| 34-480 | |||
| 34-796 | |||
| 34-1200 | |||
| 3-21-16 | 2 | 34-541(4), (5) | |
| 3 Rpld | 34-616—34-622 | ||
| Added | 34-616—34-623 | ||
| 4 Rpld | 34-636—34-642 | ||
| Added | 34-636—34-643 | ||
| 5 | 34-796 | ||
| 6 Added | 34-882 | ||
| 7 | 34-1101 | ||
| 8 | 34-1200 | ||
| 4-12-16 | 1 | 30-253 | |
| 4-18-16 | Added | 28-221—28-232 | |
| 6- 6-16 | 31-56, 31-57, | ||
| 31-60—31-62, | |||
| 31-153—31-156 | |||
| 8-15-16(1) | 9-29(c) | ||
| 8-15-16(2) | 2-416—2-420 | ||
| 8-15-16(3) | 34-743, 34-746(b) | ||
| 9- 6-16 | 1 | 34-420, 34-480, | |
| 34-796 | |||
| 2 | 34-1070—34-1083 | ||
| 3 | 34-1200 | ||
| 11-21-16 | 11-24 | ||
| 12-19-16(1) | 34-621, 34-641 | ||
| 12-19-16(2) | 34-743 | ||
| 2- 6-2017 | 28-25 | ||
| 3-20-2017 | 1 | 14-15 | |
| 14-24 | |||
| 4-17-2017 | 34-336 | ||
| 34-340, 34-341 | |||
| 34-343—34-345 | |||
| Added | 34-346 | ||
| Rnbd | 34-346—34-348 | ||
| as | 34-347—34-349 | ||
| 6- 5-2017(1) | 19-63 | ||
| 19-92—19-95 | |||
| 19-96 | |||
| 19-98 | |||
| 19-104, 19-104.1 | |||
| 19-107 | |||
| 19-111 | |||
| 6- 5-2017(2) | 1 | 31-56, 31-57 | |
| 31-60—31-62 | |||
| 31-153 | |||
| 31-156 | |||
| 31-158 | |||
| 7-17-2017 | 15-149 | ||
| 15-171—15-180 | |||
| 8-21-2017 | 33-7 | ||
| Added | 33-9 | ||
| 9- 5-2017 | 34-337 | ||
| 10- 2-2017 | 1 | 34-1200 | |
| 2 | 34-1101 | ||
| Added | 34-1108 | ||
| 34-1146, 34-1147 | |||
| 11-20-2017 | 4-37 | ||
| 12-18-2017 | 1 | 34-558 | |
| 2 | 34-1100 | ||
| 3 | 34-1146, 34-1147 | ||
| 4 | 34-1200 | ||
| 2-20-2018 | Added | 18-21—18-25 | |
| 3- 5-2018 | 2-41 |
This table gives the location within this Code of those ordinances adopted since the 1976 Code, as updated through July 3, 1989, which are included herein. Ordinances adopted prior to such date were incorporated into the 1976 Code, as supplemented. Ordinances not listed herein have been omitted as repealed, superseded or not of a general and permanent nature.
|
Ordinance
Number |
Date | Section |
Section
this Code |
| 89-7-5 | 4- 3-89 | 2 | 19-95(note) |
| 7-17-89 | 15-204, 15-205 | ||
| 8- 7-89 | 1 | 15-3 | |
| 9- 5-89 | 9-27, 9-30 | ||
| 10- 2-89 | 11-8 | ||
| 10- 2-89 | 15-132—15-134 | ||
| 11- 6-89 | 1 |
14-1, 14-13,
14-49, 14-51 |
|
| 2- 5-90 | 9-30(a) | ||
| 2-20-90 | 22-52 | ||
| 4- 2-90 | 5-56(b) | ||
| 4-16-90 | 9-1(c) | ||
| 5- 7-90 | 1 | 25-58(4), (5) | |
| 25-61(a)(2) | |||
| 30-96, 30-97, | |||
| 30-98(5), (6) | |||
| 30-101 | |||
| 5-21-90 | 1 | 31-56, 31-57(a)(1), | |
|
31-59(a)(1),
31-60(d), (e), |
|||
| 31-61(b), 31-62(1)c., | |||
|
31-153(a)(2),
31-156(a)(2) |
|||
| 5-21-90 | 1 |
15-39(1)—(3),
15-40(a), 15-42, |
|
|
15-43, 15-48,
15-49, 15-51 |
|||
|
30-34, 30-35(a),
30-38, 30-161 |
|||
| 30-164(a) | |||
| 6- 4-90 | 18-1(c) | ||
| 6-25-90 | 2-391 | ||
| 6-25-90 | 34-572.1 | ||
| 6-25-90 | 34-831(6), 34-835(10), | ||
| 34-856—34-857.4, | |||
| 34-879(j) | |||
| 8- 6-90 | 34-532(a) | ||
| 9-17-90 | 2-37 | ||
| 9-17-90 | 2-417(b)(1) | ||
| 2-419(11) | |||
| 11- 5-90 | 15-204(a), 15-206 | ||
| 11-19-90 | Adopting Ordinance, p. vii | ||
| 11-19-90 | 28-214(b) | ||
| 12- 3-90 | 9-27(b) | ||
| 2- 4-91 | 19-67 | ||
| 2- 4-91 | 32-92, 32-93 | ||
| 2-19-91 | 30-98(5) | ||
| 3- 4-91 | 31-114, 31-115 | ||
| 3- 4-91 | 31-186—31-190 | ||
| Rpld | 31-192 | ||
| 31-193, 31-195—31-197, | |||
| 31-216, 31-217, | |||
| 31-219, 31-221—31-224, | |||
| 31-227, 31-228 | |||
| 5- 6-91 | 8-4 | ||
| 5-20-91 | 1 | 19-95.1 | |
| 6- 3-91 | 1 | 30-400—30-404 | |
| 6- 3-91 | 29-40(d), 34-4, | ||
| 34-10, 34-11, | |||
| 34-14, 34-15(a), | |||
| 34-70(a), 34-108, | |||
| 34-141(2), 34-144—34-151, | |||
| 34-439(11), 34-462, | |||
| 34-466—34-485.2, | |||
| 34-488(1), (14), 34-537, | |||
| 34-566—34-585, | |||
| 34-670—34-680, | |||
| 34-801, 34-903, | |||
| 34-905, 34-981(2) | |||
| 6-17-91 | 1 | 11-95 | |
| 6-17-91 | 1 | 31-29, 31-56, | |
| 31-57, 31-59—31-62, | |||
| 31-64, 31-66, | |||
| 31-104, 31-152, | |||
| 31-153, 31-156, 31-159 | |||
| 7-15-91 | 7-3, 7-5 | ||
| 7-15-91 | 19-95.1 | ||
| 8- 5-91 | 1 | 15-204 | |
| 8- 5-91 | 1 | 26-26, 26-31, | |
| 26-35—26-39 | |||
| 9- 3-91 | 32-7(a) | ||
| 11-18-91 | 26-45—26-52 | ||
| 12-16-91 | 1 | 26-1, 26-2, | |
| 26-26, 26-27, | |||
| 26-30, 26-36, | |||
| 26-37, 26-39, | |||
| 26-46, | |||
| 26-60—26-70 | |||
| 2-18-92 | 18-1 | ||
| 3- 2-92 | 34-143, 34-173 | ||
| 34-857 | |||
| 3-16-92 | 17-37 | ||
| 5-18-92 | 30-39 | ||
| 6- 1-92 | 25-58(4), 30-98(5) | ||
| 6- 1-92 | 26-28, 26-37, | ||
| 26-61, 26-64, | |||
| 26-65 | |||
| 6- 1-92 | 31-114 | ||
| 6-15-92 | 7-5 | ||
| 6-15-92 | 31-56, 31-57, | ||
| 31-60—31-62, | |||
| 31-153—31-156 | |||
| 6-15-92 | 34-100(a)(3) | ||
| 7- 6-92 | 17-30, 26-27, | ||
| 26-30, 26-31, | |||
| 26-40, 26-41, | |||
| 26-61, 26-66, | |||
| 26-68, 26-70, | |||
| 26-71, | |||
| Rnbd | 26-70 | ||
| as | 26-72 | ||
| 7-20-92 | 29-38, 29-87 | ||
| 7-20-92 | 1 | 25-1 | |
| 2 | 25-86 | ||
| Rpld | 25-106—25-111 | ||
| 8-17-92 | 30-39(b), (f), (g) | ||
| 8-17-92 | 30-425 | ||
| 9- 8-92 | 15-204 | ||
| 11-16-92 | 5-2 | ||
| 11-16-92 | 1 | 22-18, 22-19, | |
| 22-73, 22-74 | |||
| 11-16-92 | 1 | 30-221 | |
| 12- 7-92 | 1 Rpld | 28-21 | |
| 2 | 15-149, 15-151 | ||
| 12-21-92 | 5-1 | ||
| 12-21-92 | 19-91, 19-101(e), | ||
| 19-106 | |||
| 1- 4-93 | 1-11, 15-2 | ||
| 1- 4-93 | 30-38(b) | ||
| 1- 4-93 | 30-126—30-138 | ||
| 30-145—30-154 | |||
| 1-19-93 | 17-37(c) | ||
| 3- 1-93 | 19-92 | ||
| 5-17-93 | 31-31(a) | ||
| 6-29-93 | 1 | 31-29, 31-56 | |
| 31-57, 31-59(a) | |||
| 31-60—31-62 | |||
| 31-153, 31-156 | |||
| 7- 6-93 | 34-567, 34-568 | ||
| 7-19-93 | 19-95.1, 19-96 | ||
| 7-19-93 | 26-75—26-82 | ||
| 8- 2-93 | 28-53 | ||
| 8-23-93 | 15-246 | ||
| 9- 7-93 | 1 | 30-450—30-461 | |
| 9-20-93 | 1 | 26-64 | |
| 10-18-93 | Rpld | 29-37(c) | |
| 29-63 | |||
| 29-119(e)(3) | |||
| 29-120(5) | |||
| 29-126(b) | |||
| 34-4, 34-47(a) | |||
| 34-106, 34-141(1) | |||
| 34-143, 34-150.1 | |||
| 34-173, 34-201 | |||
| 34-221(6), (9), 34-440 | |||
| 34-470, 34-472 | |||
| 34-473, 34-473.1 | |||
| 34-474, 34-567 | |||
| 34-569(d), 34-573(a) | |||
| 34-580, 34-700(b), (c) | |||
| 34-702(a)(2),34-723 | |||
| 34-771(d), 34-781 | |||
| 34-781, 34-805(g), (j) | |||
| 34-806(e), (f), 34-834 | |||
| 34-835(9), 34-857.3(c) | |||
| 34-884(b), (d), 34-905 | |||
| 34-938, 34-941 | |||
| 34-977(d), 34-1009 | |||
| 34-1032(e) | |||
| 12-20-93 | 15-73(a)(10), (11) | ||
| 1-18-94 | 10-1, 10-4 | ||
| 10-8, 10-10 | |||
| 10-36, 10-38 | |||
| 10-39, 10-41 | |||
| 10-43 | |||
| 1-18-94 | 22-52, 22-53(a) | ||
| 3- 7-94 | 19-57, 19-59 | ||
| 4- 4-94 | 2-37 | ||
| 4- 4-94 | 14-5 | ||
| 4-18-94 | 15-204 | ||
| 6- 6-94 | 28-121 | ||
| 6-20-94 | 26-61, 26-64 | ||
| 6-20-94 | 1 | 31-56, 31-57 | |
| 31-60, 31-61(b) | |||
| 31-62, 31-153 | |||
| 31-156 | |||
| 7- 5-94 | 32-7 | ||
| 7-18-94 | 1 | 19-7, 22-11(a) | |
| 22-12 | |||
| 8-15-94 | 19-95(h), 19-96(d) | ||
| 11-21-94 | 1 | 25-58, 25-61 | |
| 30-98, 30-99 | |||
| 30-101 | |||
| 12- 5-94 | 1 | 30-221, 30-222 | |
| 30-225, 30-227 | |||
| 12-19-94 | 4-2, 4-41 | ||
| 12-19-94 | 4-42 | ||
| 2- 6-95 | 1 | 28-212—28-215 | |
| 3- 6-95 | 19-95(h) | ||
| 3-20-95 | 15-246 | ||
| 4- 3-95 | 1 | 14-49 | |
| 4-17-95 | 1 | 8-4 | |
| 28-112 | |||
| 28-119 | |||
| 28-121(a) | |||
| 5- 1-95 | 2-40 | ||
| 6- 5-95 | 26-64 | ||
| 6- 5-95 | 1 | 31-8, 31-56 | |
| 31-57(a), 31-60(d), (e) | |||
| 31-61(b), 31-62(1)a. | |||
| 31-153(a)(2), 31-156(a)(2) | |||
| 7-17-95 | 34-567(a)(1) | ||
| 9- 5-95 | 4-41(a) | ||
| 2- 5-96 | 29-3, 29-43 | ||
| 34-4, 34-46, | |||
| 34-438(20), 34-439(9), | |||
| 34-574, 34-679(9), | |||
| 34-681, 34-700(b), | |||
| 34-728, 34-729, | |||
| 34-733, 34-779(i), | |||
| 34-852(b), 34-854(5), | |||
| 34-855, 34-857.1, | |||
| 34-972 | |||
| 4-15-96 | 34-778(e), | ||
| 34-779(j) | |||
| 4-15-96 | 30-145—30-154 | ||
| 6- 3-96 | Rpld | 20-31—20-36 | |
| Added | 20-31—20-37 | ||
| 6-17-96 | 31-56, 31-57, | ||
| 31-60—31-62 | |||
| 31-153, 31-156 | |||
| 9-16-96 | Rpld | 3-26—3-44, | |
| 3-61—3-70 | |||
| 10- 7-96 | 1 Rpld | 14-1—14-23, | |
| 14-46—14-55 | |||
| 2 Added | 14-1—14-23 | ||
| 10-14-96 | 1 | 32-92(a) | |
| 11-18-96 | 2-416, 2-417, | ||
| 2-419(1), (8), (10), | |||
| 2-420(b), 2-421 | |||
| 11-18-96 | 34-779(b), (j), (k) | ||
| 12- 2-96 | 15-46(a) | ||
| 12- 2-96 | 15-204 | ||
| 12-16-96 | 1 | 17-7 | |
| 1-21-97 | 34-567(a)(1) | ||
| 1-21-97 | 34-569(d)(7) | ||
| 2- 3-97 | 34-4, 34-199(12), | ||
| 34-378(14), 34-569(b), (c), | |||
| 34-576(5), 34-578(d) | |||
| 5-19-97 | 1 | 30-253 | |
| 5-19-97 | 1 | 32-1—32-7, | |
| 32-36—32-39, | |||
| 32-61—32-74, | |||
| 32-91—32-97 | |||
| 5-19-97 | 29-43, 34-464(8), | ||
| 34-465(1), 34-671(6), (10), | |||
| 34-681, 34-779(g), | |||
| 34-804, 34-857.1 | |||
| 6- 2-97 | 19-96, 19-101, | ||
| 19-104(a), 19-105(a), | |||
| 19-139 | |||
| 6-16-97 | 2-416—2-421 | ||
| 6-16-97 | 1 | 31-56, 31-57, | |
| 31-59, 31-60, | |||
| 31-61(b), 31-62, | |||
| 31-153, 31-156 | |||
| 8-18-97 | 4-41 | ||
| 8-18-97 | 16-9 | ||
| 10-21-97 | 11-131, 11-132 | ||
| 11- 3-97(1) | 2-266—2-271 | ||
| 11- 3-97(2) | 1 | 14-1—14-8, | |
| 14-11—14-23 | |||
| Rpld | 21-57 | ||
| 1- 5-98 | 29-37(b) | ||
| 1-20-98 | Rpld | 2-321—2-327 | |
| 2- 2-98 | 15-204 | ||
| 3- 2-98 | 19-139(c) | ||
| 4-20-98(1) | 17-32 | ||
| 5-18-98(1) | 30-145—30-153 | ||
| 6- 1-98(1) | 9-29(a) | ||
| 6- 1-98(2) | 15-204(a) | ||
| 6-15-98(1) | 26-63(2), (3) | ||
| 6-17-98(1) | 31-56, 31-57, | ||
| 31-59, 31-60, | |||
| 31-61(b), 31-62, | |||
| 31-153, 31-156(a)(2) | |||
| 9- 8-98(1) | 34-379(7) | ||
| 11-16-98(1) | Rpld | 2-296—2-299 | |
| 11-16-98(2) | 4-37(a) | ||
| 11-16-98(3) | 5-57(b), 17-28(b), (c) | ||
| 18-1, 28-5, | |||
| 28-29, 28-30, | |||
| 28-119(d), 28-120(6) | |||
| 12- 7-98(1) | 14-2, 14-16(e) | ||
| 30-34(b), 30-146, | |||
| 30-148, 30-151, | |||
| 30-152 | |||
| 1-19-99(1) | 15-73, 15-99 | ||
| 3-15-99(1) | 1 | 15-39 | |
| 3-15-99(2) | 34-567(a)(1) | ||
| 6- 7-99(1) | 2-37 | ||
| 6- 7-99(2) | 2-37 | ||
| 6- 7-99(3) | 1 | 31-56, 31-57(a), | |
| 31-59, 31-60(d), (e), | |||
| 31-61(b), 31-62, | |||
| 31-153(a)(2), 31-156(a)(2) | |||
| 6-21-99 | 11-98 | ||
| 11- 1-99(1) | 14-2, 14-3, | ||
| 14-16, 14-17(c)(3), | |||
| 30-4, 30-37, | |||
| 30-40, 30-41, | |||
| 30-261, 30-294, | |||
| 30-325 | |||
| 11- 1-99(2) | 34-138(1), 34-581(a) | ||
| 11- 1-99(3) | 34-359—34-369 | ||
| 11- 1-99(4) | 34-835(8) | ||
| 34-854 | |||
| 34-901 | |||
| 34-902(c) | |||
| 2- 7-00(1) | 9-27(b) | ||
| 2- 7-00(2) | 15-139—15-141 | ||
| 3- 6-00 | 29-62(a) | ||
| 3-20-00(1) | Ch. 30, Art. V(tit.), | ||
| 30-155—3-160 | |||
| 3-20-00(2) | 34-723 | ||
| 3-20-00(3) | 31-112 | ||
| 4- 3-00 | 17-30(b) | ||
| 17-31—17-31.4 | |||
| 5-15-00 | 34-671(11) | ||
| 6- 5-00(1) | 19-95(e)—(h) | ||
| 19-96 | |||
| 19-101 | |||
| 19-105 | |||
| 19-106 | |||
| 6- 5-00(2) | 1 | 31-56 | |
| 31-57 | |||
| 31-59(a) | |||
| 31-60(d), (e) | |||
| 31-61(b) | |||
| 31-62 | |||
| 31-153 | |||
| 31-156 | |||
| 6-19-00(1) | 1 | 2-422, 2-423 | |
| 2 | 14-21(d) | ||
| 3 | 14-24 | ||
| 6-19-00(2) | 14-2 | ||
| 14-4(a)(10) | |||
| 14-6(g) | |||
| 14-12(e)—(h) | |||
| 14-21 | |||
| 30-5 | |||
| 30-32 | |||
| 6-19-00(3) | 20-11 | ||
| 6-19-00(4) | 22-3 | ||
| 22-11 | |||
| 22-12 | |||
| 22-53(b)—(d) | |||
| 22-80 | |||
| 6-19-00(5) | 30-282—30-284 | ||
| 6-19-00(6) | 31-125 | ||
| 9-18-00 | 19-57(b), 19-60 | ||
| 10- 2-00 | 14-2, 14-21, | ||
| 30-221, 30-222, | |||
| 30-223, 30-227 | |||
| 10-16-00(1) | 19-91, 19-94, | ||
| 19-95(i), 19-98(c)—(e), | |||
| 19-104(g), 19-136, | |||
| 19-137, 19-139(a), (d) | |||
| 10-16-00(2) | 34-575, | ||
| 34-902(a), | |||
| 34-903(c) | |||
| 11-20-00 | 2-6 | ||
| 2- 5-01 | 1 | 15-4, 15-149(e) | |
| 2-20-01 | 34-682—34-695 | ||
| 3- 5-01(1) | 1 | 15-149(b)—(e) | |
| 3- 5-01(2) | 28-29(c) | ||
| 3-19-01 | 34-731 | ||
| 4- 2-01 | 4-41, 4-42(a) | ||
| 5-21-01(1) | 15-201—15-203.1, | ||
| 15-204—15-211 | |||
| 5-21-01(2) | 29-40(a) | ||
| 5-21-01(3) | 1 | 15-149(e), 15-302 | |
| 6- 4-01(1) | 1 | 5-56, | |
| 5-57, | |||
| 5-58(a), | |||
| 5-60(a), | |||
| 5-62(a) | |||
| 6- 4-01(2) | 15-204 | ||
| 6- 4-01(3) | 21-26, 21-32, | ||
| 21-56, 21-58, | |||
| 21-59, 21-60 | |||
| Rpld | 21-63 | ||
| 6- 4-01(4) | 1 | 25-58(4), | |
| 25-61(a)(2), | |||
| 30-98(5) | |||
| 6- 4-01(5) | 1 | 31-56 | |
| 31-57(a), | |||
| 31-59(a), | |||
| 31-60(b)—(e), | |||
| 31-61(b), | |||
| 31-62 | |||
| 31-153(a)(2), | |||
| 31-156(a)(2) | |||
| 7-16-01(1) | 1 | 5-1, | |
| 5-26, | |||
| 5-27, | |||
| 5-28, | |||
| 5-56(e), | |||
| Rpld | 5-146—5-161 | ||
| Added | 5-146—5-154 | ||
| 5-161, | |||
| 5-162, | |||
| 5-163 | |||
| 2 Added | 5-4, | ||
| 5-161—5-163, | |||
| 5-171—5-175, | |||
| 5-181—5-185, | |||
| 5-191—5-198 | |||
| 3 Rpld | 17-22, | ||
| 17-23, | |||
| 17-30—17-31.4, | |||
| 17-32—17-36 | |||
| 7-16-01(2) | 15-246 | ||
| 8-20-01 | 9-27(b), 9-29(b) | ||
| 9- 4-01(1) | 15-202, | ||
| 15-203, | |||
| 15-203.1, | |||
| 15-207, | |||
| 15-208, | |||
| 15-210 | |||
| 9- 4-01(2) | 34-4 | ||
| 34-379(8) | |||
| 34-383 | |||
| 34-409(10) | |||
| 34-413 | |||
| 34-439(4), (7) | |||
| 34-443 | |||
| 34-464(1) | |||
| 34-469.1 | |||
| 34-489(5) | |||
| 9- 4-01(3) | 34-96(c) | ||
| 9-17-01 | 1 | 16-3, | |
| 16-10, 16-11 | |||
| 11- 5-01(1) | 2-40 | ||
| 11- 5-01(2) | 22-82 | ||
| 11- 5-01(3) | 34-4, | ||
| 34-379(8), | |||
| 34-383, | |||
| 34-409(10), | |||
| 34-413, | |||
| 34-439, | |||
| 34-443, | |||
| 34-464(1), | |||
| 34-469.1, | |||
| 34-489 | |||
| 12- 3-01(1) | 2-5 | ||
| 12- 3-01(2) | 34-330 | ||
| 12-17-01(1) | 4-41(a) | ||
| 12-17-01(2) | 34-944(a) | ||
| 3- 4-02 | 28-186—28-188, | ||
| 28-211—28-216 | |||
| 4-15-02 | 29-81(a) | ||
| 5-20-02(1) | 1 | 15-202, | |
| 15-203, | |||
| 15-203.1, | |||
| 15-204, | |||
| 15-205, | |||
| 15-207, | |||
| 15-208, | |||
| 15-209, | |||
| 15-210 | |||
| 5-20-02(2) | 26-64 | ||
| 5-20-02(3) | 30-426 | ||
| 6-17-02 | 1 | 31-56, | |
| 31-57(a), | |||
| 31-60(d), (e), | |||
| 31-61(b), | |||
| 31-62(1)c., (2), | |||
| 31-153(a)(2) | |||
| 31-156(a)(2) | |||
| 9- 3-02 | 9-27(b) | ||
| 9-16-02(1) | 14-2, | ||
| 14-4(a)(8), | |||
| 14-6, | |||
| 14-9(a), (e), | |||
| 14-12(e), (f), | |||
| 14-18(e) | |||
| 9-16-02(2) | 31-125, | ||
| 31-153 | |||
| 9-16-02(3) | 32-2(a)(1), | ||
| 32-3(a)(1) | |||
| 10- 7-02(1) | 31-125, | ||
| 31-153 | |||
| 10- 7-02(2) | 1 | 31-125, 31-153 | |
| 11-18-02(1) | 15-96(2), 15-99 | ||
| 11-18-02(2) | 1 | 31-153 | |
| 2 | 31-153(note) | ||
| 12- 2-02(1) | 12-50, 12-59 | ||
| 12- 2-02(2) | 19-95.2, 19-139 | ||
| 12-16-02 | 19-102.1 | ||
| 3- 3-03(1) | 15-149(e) | ||
| 15-151 | |||
| 3- 3-03(2) | 15-208(b)(2) | ||
| 3- 3-03(3) | 25-58(4), (5) | ||
| 3- 3-03(4) | 1 | 30-96 | |
| 30-98 | |||
| 30-101 | |||
| 3- 3-03(5) | 31-153(a)(2) | ||
| 31-156(a)(2) | |||
| 4-21-03(3) | Rpld | 2-37(b)(3) | |
| 4-15-03(1) | 1 | 15-39 | |
| 4-15-03(2) | 1 | 26-37 | |
| 26-64 | |||
| 4-15-03(3) | 1 | 30-283 | |
| 4-21-03(2) | 15-138 | ||
| 4-21-03(1) | 15-4(e) | ||
| 15-147 | |||
| 15-151 | |||
| 28-2 | |||
| 28-31 | |||
| 5- 5-03(1) | 2-7(b), (c) | ||
| 22-9 | |||
| 5- 5-03(2) | 2-146 | ||
| 19-91 | |||
| 19-95(b), (h) | |||
| 19-95.2(b) | |||
| 19-96(c) | |||
| 5-19-03 | 2-7(b), (c), | ||
| 22-9 | |||
| 6-16-03 | 1 | 31-29(a) | |
| 31-56 | |||
| 31-57 | |||
| 31-59(a) | |||
| 31-60(c)—(e) | |||
| 31-61(b), (c) | |||
| 31-62(1), (2) | |||
| 31-69(b) | |||
| 31-102(b), (c), (e) | |||
| 31-104 | |||
| 31-106(a), (e) | |||
| 31-153(a) | |||
| 31-156 | |||
| 31-159(a) | |||
| 31-161(b) | |||
| 7- 7-03 | 28-31(a)(7) | ||
| 7-21-03 | 2-8(a), (c) | ||
| 8- 4-03 | 11-92(c) | ||
| 30-62 | |||
| 30-64 | |||
| 9-15-03(1) | 5-152 | ||
| 9-15-03(2) | 15-136 | ||
| 15-141 | |||
| 15-149(e) | |||
| 9-15-03(3) | 34-1—34-11 | ||
| 34-26—34-28 | |||
| 34-41—34-44, | |||
| 34-61—34-66, | |||
| 34-81—34-89 | |||
| 34-106—34-111 | |||
| 34-126—34-139 | |||
| 34-156—34-164 | |||
| 34-181—34-184 | |||
| 34-201, 34-202 | |||
| 34-216 | |||
| 34-240—34-257 | |||
| 34-271—34-291 | |||
| 34-306—34-314 | |||
| 34-326—34-328 | |||
| 34-350—34-354 | |||
| 34-366—34-370 | |||
| 34-386—34-391 | |||
| 34-415 | |||
| 34-420 | |||
| 34-440 | |||
| 34-456—34-458 | |||
| 34-471 | |||
| 34-480 | |||
| 34-490—34-494 | |||
| 34-500—34-505 | |||
| 34-515—34-519 | |||
| 34-540—34-542 | |||
| 34-556—34-563 | |||
| 34-576—34-583 | |||
| 34-596—34-603 | |||
| 34-616—34-622 | |||
| 34-636—34-642 | |||
| 34-656—34-662 | |||
| 34-676—34-681 | |||
| 34-696—34-701 | |||
| 34-736—34-740 | |||
| 34-756—34-760 | |||
| 34-776—34-782 | |||
| 34-796 | |||
| 34-800—34-804 | |||
| 34-820—34-828 | |||
| 34-850 | |||
| 34-861—34-875 | |||
| 34-880, 34-881 | |||
| 34-896, 34-897 | |||
| 34-910—34-914 | |||
| 34-930—34-934 | |||
| 34-960 | |||
| 34-970—34-986 | |||
| 34-1000—34-1005 | |||
| 34-1020—34-1054 | |||
| 34-1070—34-1083 | |||
| 34-1100—34-1106 | |||
| 34-1120—34-1126 | |||
| 34-1140—34-1151 | |||
| 34-1170—34-1174 | |||
| 34-1190—34-1193 | |||
| 34-1200 | |||
| 11- 3-03(1) | 15-246 | ||
| 11- 3-03(2) | 28-25 | ||
| 11-17-03 | 1 | 34-272(6) | |
| 12- 1-03(1) | 2-266—2-271 | ||
| 12- 1-03(2) | 8-6 | ||
| 28-111(5) | |||
| 28-114 | |||
| 28-115 | |||
| 28-119 | |||
| 28-121 | |||
| Rpld | 28-122—28-126 | ||
| 34-275 | |||
| 34-1024(c) | |||
| 12-15-03 | 2-416—2-420 | ||
| Rpld | 2-421 | ||
| 1- 5-04(1) | 1 | 14-6(c) | |
| 2 | 15-48, 15-49 | ||
| 3 | 30-227(b) | ||
| 4 | 30-283, 30-286(b) | ||
| 1- 5-04(2) | 1 | 30-3, 30-6 | |
| 2 | 30-34 | ||
| 3 | 30-73 | ||
| 4 | 30-164 | ||
| 1-20-04 | 34-558(a) | ||
| 2-17-04(1) | 1 | 5-155 | |
| 3- 1-04(1) | 5-26(a), (b) | ||
| 5-28 | |||
| 5-163(c)—(g) | |||
| 3- 1-04(2) | 12-1—12-3, | ||
| 12-15—12-19, | |||
| 12-30—12-32 | |||
| 3-15-04(1) | 19-95.3 | ||
| 4-13-04(1) | 1 | 5-56(a) | |
| 4-13-04(2) | 1 | 10-39 | |
| 34-41(b) | |||
| 34-106(b) | |||
| 34-282(a) | |||
| 34-63 | |||
| 34-515(c) | |||
| 34-820(a) | |||
| 34-826 | |||
| 4-13-04(3) | 1 | 15-9 | |
| 4-13-04(4) | 1 | 20-36 | |
| 4-13-04(5) | 1 | 26-64 | |
| 4-13-04(6) | 1 | 26-77 | |
| 4-13-04(7) | 1 | 30-222(b) | |
| 4-13-04(8) | 1 | 30-222(c) | |
| 4-13-04(9) | 1 | 30-253 | |
| 4-13-04(10) | 1 | 30-400 | |
| 4-13-04(11) | 1 | 30-451 | |
| 4-19-04(1) | 1 | 30-98(6) | |
| 30-101 | |||
| 5-17-04 | 17-37(c) | ||
| 6- 7-04 | 1 | 31-56 | |
| 31-57 | |||
| 31-59 | |||
| 31-60(b)—(e) | |||
| 31-61(b), (c) | |||
| 31-62(1), (2) | |||
| 31-69 | |||
| 31-153(a) | |||
| 31-156(a)(2) | |||
| 6-19-04 | 2-35 | ||
| 6-21-04 | 28-186—28-188, | ||
| 28-211—28-216 | |||
| 8-16-04 | 34-558 | ||
| 9-20-04(1) | 2-41 | ||
| 9-20-04(2) | 15-1 | ||
| 15-2 | |||
| 15-3 | |||
| 15-4(c)(5) | |||
| 15-7(b) | |||
| 15-9 | |||
| 15-132 | |||
| 15-133 | |||
| 15-271 | |||
| 15-272 | |||
| 15-273 | |||
| 15-274(a) | |||
| Rpld | 15-296 | ||
| 15-297 | |||
| 15-298 | |||
| 15-301 | |||
| 15-302 | |||
| 9-20-04(3) | 1 | 15-52 | |
| 2 Rpld | 15-236 | ||
| Amd | 15-242, 15-244 | ||
| Rpld | 15-245 | ||
| Amd | 15-246 | ||
| Rpld | 15-247 | ||
| Amd | 15-251 | ||
| 3 | 20-57 | ||
| 11- 1-04 | 1 Rpld | 5-2 | |
| 5-3 | |||
| 2 Rpld | 5-30 | ||
| 5-31 | |||
| Rpld | 5-32—5-37 | ||
| 3 Added | 5-32, 5-33 | ||
| 4 | 5-56 | ||
| 5 Rpld | 5-57—5-64 | ||
| 6 Added | 5-57 | ||
| 7 Rpld | 5-86—5-97 | ||
| 11-15-04(1) | 1 | 5-4(b) | |
| 5-163(g) | |||
| 2 | 14-2 | ||
| 14-3(b), (c) | |||
| 14-6(h) | |||
| 14-22 | |||
| 3 | 30-6 | ||
| 4 | 30-31 | ||
| 30-33 | |||
| 30-39 | |||
| Rpld | 30-40, 30-41 | ||
| 5 | 30-98(6) | ||
| 6 Rpld | 30-261 | ||
| 7 | 30-282 | ||
| Rpld | 30-294 | ||
| 8 Rpld | 30-325 | ||
| 9 | 30-347 | ||
| 11-15-04(2) | 1 | 15-4(c)—(i) | |
| 2 Rpld | 15-128 | ||
| 15-133(a) | |||
| Rpld | 15-147 | ||
| 3 Rpld | 15-171 | ||
| 4 | 28-5 | ||
| 28-12 | |||
| 28-14 | |||
| 28-30 | |||
| 11-15-04(3) | Rpld | 22-1—22-25, | |
| 22-46—22-54, | |||
| 22-71—22-80, | |||
| 22-82, | |||
| 22-96—22-100, | |||
| 22-126—22-128, | |||
| 22-146—22-154 | |||
| Added | 22-1—22-13, | ||
| 22-30—22-33 | |||
| 9-20-04 | 1 Rpld | 10-1—10-10, | |
| 10-36—10-43 | |||
| Added | 10-1—10-9, | ||
| 10-21—10-23, | |||
| 10-31—10-43, | |||
| 10-50—10-59, | |||
| 10-71—10-75, | |||
| 10-90—10-93 | |||
| 1-18-05 | 34-242(b) | ||
| 34-251(2) | |||
| 34-252(a)(1) | |||
| 34-254(1) | |||
| 2- 7-05 | 1 | 34-272(7) | |
| 2-22-05 | 30-156, 30-160 | ||
| 3- 7-05 | 9-29(b) | ||
| 6- 6-05(1) | 11-8 | ||
| 31-8 | |||
| 31-29 | |||
| 31-56 | |||
| 31-57 | |||
| 31-59 | |||
| 31-60(b), (d), (e) | |||
| 31-61(b) | |||
| 31-62 | |||
| 31-64(b), (g) | |||
| 31-65(a) | |||
| 31-66 | |||
| 31-69 | |||
| 31-104 | |||
| 31-120 | |||
| 31-152(b), (g) | |||
| 31-153(a) | |||
| 31-156(a)(2) | |||
| 31-158(a) | |||
| 31-159 | |||
| 31-161 | |||
| 6- 6-05(2) | 34-82(b)(6) | ||
| 34-216(8), (14), (33) | |||
| 34-251(c)(4) | |||
| 34-253 | |||
| Rpld | 34-273(b)62.—65. | ||
| 34-280 | |||
| 34-282(a), (d)(1) | |||
| 34-309(a)(1) | |||
| 34-312(a), (a)(1) | |||
| 34-314 | |||
| 34-353(a), (b)(1), (d)(1) | |||
| 34-354(2) | |||
| 34-367(3) | |||
| 34-420 | |||
| 34-480 | |||
| 34-558(b)(1) | |||
| 34-560 | |||
| 34-562(b) | |||
| 34-578(a), (b)(1) | |||
| 34-580(c) | |||
| Ch. 34, Art. VI, Div. 4(tit) | |||
| 34-598(c) | |||
| Ch. 34, Art. VI, Div. 5(tit) | |||
| 34-618(1)—(4) | |||
| Ch. 34, Art. VI, Div. 6(tit) | |||
| 34-638(b)(1)—(4) | |||
| 34-641(a) | |||
| 34-642(b) | |||
| Ch. 34, Art. VI, Div. 8(tit) | |||
| 34-681(b) | |||
| Ch. 34, Art. VI, Div. 9(tit) | |||
| 34-698(a) | |||
| Ch. 34, Art. VI, Div. 10(tit) | |||
| 34-738(1) | |||
| Ch. 34, Art. VI, Div. 11(tit) | |||
| 34-758(1) | |||
| Ch. 34, Art. VI, Div. 12(tit) | |||
| 34-778(a)(1), (2), (b)(1) | |||
| 34-796 | |||
| 34-820(b)(1) | |||
| 34-821(a) | |||
| 34-824(a) | |||
| 34-827(d)(5), (7) | |||
| 34-828(b) | |||
| 34-874(b) | |||
| 34-932(a) | |||
| 34-972(a), (b) | |||
| 34-973(3), (5) | |||
| 34-975(f), (h)(2) | |||
| 34-976(3) | |||
| 34-982 | |||
| 34-984 | |||
| 34-986 | |||
| 34-1050 | |||
| 34-1052 | |||
| 34-1101(c) | |||
| 34-1104 | |||
| 34-1123 | |||
| 34-1147(c)(1) | |||
| 34-1200 | |||
| 8- 1-05(1) | Added | 19-8 | |
| 8- 1-05(2) | Added | 30-65.1 | |
| 9-19-05(1) | 19-96(c) | ||
| 19-97(1), (2) | |||
| 9-19-05(2) | 19-107(a) | ||
| Added | 19-150—19-158 | ||
| 10-17-05 | 1 Rpld | 15-36—15-51, 15-134 | |
| 2 Added | 15-36—15-38 | ||
| Rnbd | 15-52 | ||
| as | 15-39 | ||
| Amd | 15-131, 15-149(e), | ||
| 15-251(a)(1), 15-271, | |||
| 30-35 | |||
| 11- 7-05(1) | 1 Rpld | 14-6 | |
| Added | 14-6 | ||
| 2 | 30-5(a) | ||
| 3 | 30-31 | ||
| 30-33(b) | |||
| 30-35 | |||
| 4 | 30-164(a) | ||
| 5 | 30-259 | ||
| 6 | 30-291 | ||
| 7 | 30-321 | ||
| 11- 7-05(2) | Added | 30-51—30-54 | |
| 11-21-05 | 34-157(a)(7) | ||
| 34-353(a) | |||
| 34-457(b)(2), (3) | |||
| 34-984 | |||
| 34-1045(b), (c) | |||
| 34-1101(a) | |||
| 34-1120(tit.), (a) | |||
| 34-1121(a)(1) | |||
| 34-1200 | |||
| 12- 5-05(1) | Ch. 10(tit.) | ||
| 10-5 | |||
| 10-6(a) | |||
| 10-31(3) | |||
| 10-50(a) | |||
| 10-51(1)e., f. | |||
| 10-54(2) | |||
| Added | 10-76 | ||
| 10-91(a)(2), (note) | |||
| 10-92(a) | |||
| 10-93(d), (note) | |||
| 31-186 | |||
| 31-191 | |||
| 12- 5-05(2) | 28-2 | ||
| 28-30 | |||
| 28-112 | |||
| 28-116 | |||
| 28-119(a), (b), (e), (g) | |||
| Rpld | 28-120 | ||
| 28-121(a), (b), (g) | |||
| 28-211(b), (d) | |||
| 28-212 | |||
| 28-213 | |||
| 28-214(a), (c), (e), (j), (k) | |||
| 28-216(a)(1) | |||
| 1-17-06(1) | 19-104 | ||
| 1-17-06(2) | 29-62(a) | ||
| 1-17-06(3) | 34-41 | ||
| 1-17-06(4) | 1 | 34-272(1), (2) | |
| 1-17-06(5) | 1 | 34-272(8) | |
| 1-17-06(6) | Added | 34-1107 | |
| 34-1200 | |||
| 1-17-06(7) | 34-1120 | ||
| 2- 6-06 | Added | 2-10 | |
| 2-21-06 | 34-157, 34-158 | ||
| 6- 5-06 | 1 | 31-56 | |
| 31-57 | |||
| 31-59 | |||
| 31-60(d), (e) | |||
| 31-61(b) | |||
| 31-62 | |||
| 31-153(a)(2) | |||
| 31-156(a)(2) | |||
| 6-19-06(1) | 29-126 | ||
| 6-19-06(2) | 34-580(a) | ||
| 34-600(a) | |||
| 7-17-06 | 34-158, | ||
| Added | 34-165, 34-166 | ||
| 8- 7-06 | 15-209(a) | ||
| 9- 5-06 | 34-1101(b), (d) | ||
| 34-1200 | |||
| 9-18-06 | 34-158, 34-165, | ||
| 34-166 | |||
| Added | 34-167 | ||
| 11- 6-06(1) | 1 | 15-149(b)—(d) | |
| 2 | 15-301(a)(2)(v), | ||
| 15-302(a) | |||
| 11- 6-06(2) | 34-480 | ||
| 11- 6-06(3) | 34-1200 | ||
| 11-20-06(1) | Rpld | 2-390 | |
| 11-20-06(2) | 4-1—4-13, | ||
| 4-15—4-22, | |||
| 4-36—4-47 | |||
| 11-20-06(3) | 14-24(b)—(d) | ||
| 11-20-06(4) | 31-125(a) | ||
| 11-20-06(5) | 34-492 | ||
| 12- 4-06 | 1 | 15-36(a), (b) | |
| 15-37(b)—(d) | |||
| 12-18-06(1) | 1 | 14-2, 14-4(20), (21) | |
| 14-5(b), 14-12(c)—(g) | |||
| 2 | 30-5(b) | ||
| 30-285(b) | |||
| 12-18-06(2) | 2 | 34-273(b) | |
| 12-18-06(3) | 34-662(e) | ||
| 12-18-06(4) | 34-1107 | ||
| 2- 5-07 | 5-150(a) | ||
| 2-20-07 | 34-480 | ||
| 3- 5-07 | 4-42(a) | ||
| 5-21-07(1) | 1 | 2-240 | |
| 5-21-07(2) | 1 | 30-451 | |
| 5-21-07(3) | 34-480 | ||
| 6- 4-07(1) | 1 | 30-426 | |
| 6- 4-07(2) | 1 | 31-29 | |
| 31-56 | |||
| 31-57(a)(1), (2) | |||
| 31-59(a)(1), (2) | |||
| 31-60(d), (e) | |||
| 31-61(b), (c) | |||
| 31-62(1), (2) | |||
| 31-102(b) | |||
| 31-106(a) | |||
| 31-153(a)(2) | |||
| 31-156(a)(2) | |||
| 7- 2-07(1) | 2-40 | ||
| 7- 2-07(2) | Added | 15-101 | |
| 7- 2-07(3) | Added | 19-141—19-146 | |
| 9- 4-07 | 2-5(4) | ||
| Ch. 2, Art. XII(tit.) | |||
| 2-386—2-389 | |||
| 22-5(6) | |||
| 34-282(c)(3) | |||
| 9-17-07 | 30-155—30-160 | ||
| 10-15-07 | 18-1 | ||
| 11-19-07(1) | 10-5 | ||
| 10-31 | |||
| 10-33 | |||
| 10-35(2), (5), (6) | |||
| 10-36 | |||
| Added | 10-36.1 | ||
| 10-37(a)(4) | |||
| 10-39(4) | |||
| 10-40(b)(2) | |||
| 11-19-07(2) | 34-61—34-66, | ||
| 34-1200 | |||
| 2-19-08 | 34-1020—34-1038, | ||
| 34-1040—34-1046, | |||
| 34-1200 | |||
| 3- 3-08 | 16-3, 16-5, | ||
| 16-10, 16-11, | |||
| 16-12 | |||
| 4-21-08(1) | 29-1—29-11, | ||
| 29-36—29-38, | |||
| 29-56—29-60, | |||
| 29-76—29-82, | |||
| 29-110, 29-111, | |||
| 29-140, 29-141, | |||
| 29-160—29-163, | |||
| 29-180—29-183, | |||
| 29-200—29-204, | |||
| 29-230—29-234, | |||
| 29-260, 29-261 | |||
| 4-21-08(2) | 34-241, 34-242, | ||
| 34-244, | |||
| 34-247—34-253, | |||
| 34-257 | |||
| Added | 34-258 | ||
| 34-1200 | |||
| 5-19-08(1) | 1 | 26-61, | |
| 26-64 | |||
| 5-19-08(2) | Ch. 30, Art. V(tit.), | ||
| Added | 30-160.1—20-16.11 | ||
| 5-19-08(3) | 34-540—34-542 | ||
| 34-556—34-563 | |||
| 34-576—34-583 | |||
| 34-616—34-622 | |||
| 34-636—34-642 | |||
| 34-656—34-662 | |||
| 34-676—34-681 | |||
| 34-696—34-701 | |||
| 34-736—34-740 | |||
| 34-741—34-747 | |||
| 34-756—34-760 | |||
| 34-761—34-774 | |||
| 34-776—34-782 | |||
| 5-19-08(4) | 34-796 | ||
| 6- 2-08 | 15-203(e) | ||
| 6-16-08(1) | 15-101 | ||
| 6-16-08(2) | 31-30(tit.), (d), | ||
| 31-31(a) | |||
| Rpld | 31-33 | ||
| 31-35, | |||
| 31-59 | |||
| 6-16-08(3) | 1 | 31-56 | |
| 31-57(a)(1), (2) | |||
| 31-59(a)(1), (2) | |||
| 31-60(d), (e) | |||
| 31-61(b), (c) | |||
| 31-62(1), (2) | |||
| 31-102(b), (c), (e) | |||
| 31-103 | |||
| 31-106 | |||
| 31-153(a) | |||
| 31-156(a)(2) | |||
| 2 | 31-102(note) | ||
| 31-106(note) | |||
| 6-16-08(4) | 31-189(a)(2) | ||
| 7-21-08(1) | Added | 31-102.1 | |
| Added | 31-106.1 | ||
| 7-21-08(2) | 34-81(c) | ||
| 8-18-08 | 15-73 | ||
| 9- 2-08(1) | 34-328 | ||
| 9- 2-08(2) | 34-796 | ||
| 9-15-08(1) | 34-420 | ||
| 34-480 | |||
| 34-796 | |||
| 9-15-08(2) | 34-560 | ||
| Rpld | 34-561 | ||
| 34-580 | |||
| Rpld | 34-581 | ||
| 34-600 | |||
| Rpld | 34-601 | ||
| 34-621 | |||
| 34-641 | |||
| 34-659 | |||
| 34-744 | |||
| Rpld | 34-745 | ||
| 34-760 | |||
| 34-764 | |||
| Rpld | 34-765 | ||
| 34-773 | |||
| 34-780 | |||
| 11- 3-08(1) | Added | 15-152 | |
| 11- 3-08(2) | 31-125 | ||
| 11- 3-08(3) | 2 | 34-273(b)59. | |
| 11-17-08(1) | 34-216(34)—(36) | ||
| 34-796 | |||
| 11-17-08(2) | 34-796 | ||
| 11-17-08(3) | 34-870(e), (f) | ||
| 1-20-09 | 34-160 | ||
| 34-800 | |||
| 34-801 | |||
| 34-820 | |||
| 34-821 | |||
| 34-823 | |||
| 34-827 | |||
| 34-828 | |||
| 3-16-09(1) | Added | 34-12, 34-45, | |
| 34-168 | |||
| 3-16-09(2) | Added | 34-335—34-348 | |
| 34-1200 | |||
| 3-16-09(3) | 34-1200 | ||
| Added | 34-935 | ||
| 34-420 | |||
| 34-480 | |||
| 34-796 | |||
| 4- 6-09 | 34-1 | ||
| 4-20-09 | 34-828(d)(10) | ||
| 34-896(b) | |||
| 34-897(b), (e)(4) | |||
| 34-934(d) | |||
| 34-972 | |||
| Rpld | 34-976 | ||
| 34-1200 | |||
| 5- 4-09(1) | 28-211, | ||
| 28-212, | |||
| 28-214 | |||
| 5- 4-02(2) | 34-286(a)—(c) | ||
| 6- 1-09 | 1 | 31-56 | |
| 31-57 | |||
| 31-60(d), (e) | |||
| 31-61(b) | |||
| 31-62 | |||
| 31-153 | |||
| 31-156 | |||
| 7-20-09(1) | 15-204 | ||
| 7-20-09(2) | 34-420 | ||
| 34-480 | |||
| 34-796 | |||
| Added | 34-936 | ||
| 34-1200 | |||
| 7-20-09(3) | Added | 34-1027(19) | |
| 34-1038(g)(7) | |||
| Rpld | 34-1046 | ||
| 34-1200 | |||
| 8-17-09 | 34-1105 | ||
| 34-1171 | |||
| 9- 8-09 | 15-133 | ||
| 9-21-09(1) | Rpld | 26-1, 26-2, | |
| 26-26—26-32, | |||
| 26-35—26-41, | |||
| 26-60—26-72, | |||
| 26-75—26-82 | |||
| Added | 26-1—26-3, | ||
| 26-27—26-34, | |||
| 26-45—26-50, | |||
| 26-60—26-71, | |||
| 26-75—26-81 | |||
| 9-21-09(2) | 2 | 34-971(e) | |
| 9-21-09(3) | 34-972 | ||
| 10- 5-09 | . | 15-101 | |
| 11-16-09 | 34-796 | ||
| 12- 7-09 | 10-5 | ||
| 10-50 | |||
| Rpld | 10-51, 10-52 | ||
| Rnbd | 10-53—10-57 | ||
| as | 10-51—10-57 | ||
| Amd | 10-51—10-57 | ||
| 1-19-10 | 12-30 | ||
| 12-31(a) | |||
| 12-32(9), (10) | |||
| 2- 1-10 | Added | 28-32 | |
| 2-16-10 | 34-796 | ||
| 3- 1-10(1) | 16-11 | ||
| 3- 1-10(2) | 19-139(f), (g) | ||
| 4- 5-10(1) | 9-29(b) | ||
| 4- 5-10(2) | 15-98 | ||
| 4-19-10 | 34-158 | ||
| 6- 7-10(1) | 15-210(c)(1) | ||
| 6- 7-10(2) | 1 | 31-56 | |
| 31-60(d), (e) | |||
| 31-61(b) | |||
| 31-62(1), (2) | |||
| 31-153(a) | |||
| 31-156(a)(2) | |||
| 6- 7-10(3) | 34-164 | ||
| 34-822(a) | |||
| 6-21-10(1) | 15-204 | ||
| 6-21-10(2) | 34-618(5) | ||
| 34-638(a)(1) | |||
| 7-19-10 | 34-181 | ||
| 34-699 | |||
| Rpld | 34-701 | ||
| 34-796 | |||
| 34-1174 | |||
| 34-1200 | |||
| 7-21-10 | 34-420 | ||
| 8- 2-10 | 28-25 | ||
| 8-16-10(1) | 15-73 | ||
| 8-16-10(2) | 16-11 | ||
| 8-16-10(3) | 28-31 | ||
| 8-16-10(4) | Rpld | 34-389 | |
| 8-16-10(5) | 34-562 | ||
| 34-619 | |||
| 34-640 | |||
| 34-746 | |||
| 34-766 | |||
| 34-771 | |||
| 9- 7-10(1) | 4-2 | ||
| 4-7 | |||
| 4-9 | |||
| 4-15(b) | |||
| 9- 7-10(2) | 28-158 | ||
| 9-20-10 | 28-2(a), (b) | ||
| Ch. 28, Art. IV(tit.) | |||
| Added | 28-127 | ||
| 10- 4-10(1) | 28-26 | ||
| 10- 4-10(2) | 34-27 | ||
| 34-420 | |||
| 34-480 | |||
| 34-796 | |||
| Added | 34-1194 | ||
| 34-1200 | |||
| 10- 4-10(3) | 34-216 | ||
| 34-480 | |||
| 10-18-10(1) | 34-86(b)(8), (c) | ||
| 34-1200 | |||
| 10-18-10(2) | 34-337(1) | ||
| 12-20-10(1) | 34-796 | ||
| 12-20-10(2) | 34-972(a)(4), (5) | ||
| 1-18-11 | 34-420 | ||
| 34-480 | |||
| 34-796 | |||
| Added | 34-937 | ||
| 34-1200 | |||
| 3- 7-11 | 28-211 | ||
| 28-212 | |||
| 28-214 | |||
| 28-216 | |||
| 4- 4-11(1) | 1 | 9-1, | |
| 9-26—9-30 | |||
| 4- 4-11(1) | Added | 30-475—30-479 | |
| 4-18-11(1) | 2 | 34-273(b)21. | |
| 4-18-11(2) | 34-480 | ||
| 34-796 | |||
| 5- 2-11 | 16-10 | ||
| 5-16-11 | Added | 34-13 | |
| 6- 6-11 | 1 Added | 15-252 | |
| 6-20-11(1) | 1 | 31-56 | |
| 31-57(a), (b) | |||
| 31-60(c)—(e) | |||
| 31-61(b), (c) | |||
| 31-62(1)—(3) | |||
| 31-153(a), (b) | |||
| 31-156(a), (b) | |||
| 6-20-11(2) | 34-796 | ||
| 7- 5-11 | 9-28(a) | ||
| 7-18-11 | 34-280(a), (b) | ||
| 34-309(f) | |||
| 9-19-11(1) | 2 | 34-273(b)69.1 | |
| 9-19-11(2) | 34-1104 | ||
| 11- 7-11 | 33-7 | ||
| 11-21-11(1) | 14-24 | ||
| 11-21-11(2) | 34-86 | ||
| 34-352 | |||
| 11-21-11(3) | 34-503 | ||
| 34-516 | |||
| 34-517 | |||
| 34-1200 | |||
| 12-19-11 | 30-156 | ||
| 30-160(g) | |||
| 1- 3-12 | 19-91 | ||
| 19-92 | |||
| 19-93 | |||
| 19-95 | |||
| 19-96 | |||
| 19-104 | |||
| Added | 19-104.1 | ||
| 19-105 | |||
| 19-106 | |||
| 19-139 | |||
| 1-17-12 | 34-1120(b)(1)—(7) | ||
| 3-19-12 | 1 | 19-57, 19-59 | |
| 4- 2-12 | 28-212 | ||
| 4-10-12 | 1 | 30-256, | |
| 30-287 | |||
| 5- 7-12 | 15-99 | ||
| 6- 4-12 | 1 | 31-56 | |
| 31-60(c)—(e) | |||
| 31-61(b), (c) | |||
| 31-62(1)—(3) | |||
| 31-102(a), (b) | |||
| 31-106(a) | |||
| 31-153(a), (b) | |||
| 31-156(a), (b) | |||
| 7-16-12 | 34-282, 34-283, 34-309, 34-312, 34-328, 34-343, 34-345, 34-801, 34-802, 34-820, 34-862 | ||
| Rpld | 34-865 | ||
| 34-913, 34-971, 34-973, 34-983, 34-986, 34-1003(a) | |||
| Rpld | 34-1004 | ||
| Added | 34-1004 | ||
| 34-1038(c), 34-1041, 34-1042, 34-1043, 34-1045, 34-1075, 34-1077, 34-1078, 34-1120, 34-1124 | |||
| 12-17-12(1) | 34-86(b) | ||
| 34-277(d) | |||
| 34-285(a) | |||
| 34-340(f) | |||
| 34-346(b) | |||
| 12-17-12(2) | 34-796 | ||
| 1- 7-13 | 30-160.1 | ||
| 30-160.4(2) | |||
| 1-22-13 | 9-28(a) | ||
| 2- 4-13 | Added | 15-400—15-403, | |
| 15-411—15-413, | |||
| 15-420—15-427, | |||
| 15-435—15-436 | |||
| 2-19-13 | 1 Added | 10-100—10-108 | |
| 5- 6-13(1) | 28-151 | ||
| 28-155 | |||
| 28-156 | |||
| 28-158 | |||
| 28-159 | |||
| 28-160 | |||
| 28-161 | |||
| 28-162 | |||
| 5- 6-13(2) | 34-480 | ||
| 34-796 | |||
| Added | 34-1175 | ||
| 34-1200 | |||
| 5-20-13(1) | Added | 2-430—2-435, | |
| 2-437, 2-439.1, | |||
| 2-439.2, 2-440, | |||
| 2-441, 2-442 | |||
| 5-20-13(2) | 15-99 | ||
| 5-20-13(3) | 1, 2 | 29-182(j)(3) | |
| 5-20-13(4) | 34-12(e) | ||
| 6- 3-13(1) | 26-76, 26-77 | ||
| 6- 3-13(2) | 1, 2 | 31-56 | |
| 31-57 | |||
| 31-60(d), (e) | |||
| 31-61(b), (c) | |||
| 31-62 | |||
| 31-153(a) | |||
| 31-156(a)(2) | |||
| 6-17-13 | 15-149 | ||
| 7- 1-13 | 19-106(a) | ||
| 7-15-13 | 34-621(a), (b) | ||
| 34-641(a), (b) | |||
| 8-19-13 | 15-209(a)(1), (2) | ||
| 15-210(c)(3)—(5) | |||
| 9-16-13 | 34-491 | ||
| 34-492 | |||
| 34-501(a)(1) | |||
| 34-503 | |||
| 34-504 | |||
| 34-515(a), (b) | |||
| 34-516(b)(5) | |||
| 34-517 | |||
| 34-518(a) | |||
| 10- 7-13(1) | Added | 19-9 | |
| 10- 7-13(2) | 1 | 30-425 | |
| 10-21-13 | 15-99 | ||
| 11- 4-13 | Added | Ch. 18, Art. I(tit.) | |
| Added | 18-5—18-18-12 | ||
| 11-18-13 | 29-110(a)(34) | ||
| 29-111(b)(10) | |||
| 34-12(e), (g) | |||
| 34-827(d)(1) | |||
| 34-828(d)(3) | |||
| 2- 3-14 | 28-121 | ||
| 28-214 | |||
| 4- 7-14 | 2-37(e) | ||
| 4-10-14 | 30-451 | ||
| 5- 5-14 | 1 | 10-1—10-10 | |
| 2 | 10-21—10-23, | ||
| 10-31—10-36.1, | |||
| 10-37—10-43 | |||
| 3 Rpld | 10-50—10-57 | ||
| Added | 10-50—10-59 | ||
| 5-19-14 | 1 | 29-2(4), (5) | |
| 29-3 | |||
| 29-76(a), (e), (g) | |||
| 29-111(a)(1), (2), (b)(1), (10), (c) | |||
| 29-161(a)(1), (2), (e) | |||
| 29-202 | |||
| 29-231(a), (c)(1)—(3) | |||
| 29-232 | |||
| 29-260(a)—(c), (c)(1), (2) | |||
| 2 | 34-803(d) | ||
| 34-827(d)(4), (5), (7), (9), (10), (15) | |||
| 34-828(d)(1), (6), (10) | |||
| 6- 2-14(1) | 1 | Ch. 12(tit.) | |
| Added | 12-40—12-43 | ||
| 6- 2-14(2) | 28-52 | ||
| 6- 2-14(3) | 1 | 31-56 | |
| 31-57 | |||
| 31-60(c)—(e) | |||
| 31-61(b), (c) | |||
| 31-62(1)c., (2), (3) | |||
| 31-153(a) | |||
| 31-156(a)(2), (b) | |||
| 6-16-14 | 30-254 | ||
| 30-284(b)—(d) | |||
| 9- 2-14 | 34-337 | ||
| 9-15-14(1) | 11-7 | ||
| 9-15-14(2) | 15-210(d)(6) | ||
| 9-15-14(3) | 30-161(a) | ||
| 30-168 | |||
| 30-169 | |||
| 30-170 | |||
| 30-171 | |||
| 30-172 | |||
| 11-17-14 | 15-73 | ||
| 12-15-14 | 22-1 | ||
| 22-4 | |||
| 22-5 | |||
| 22-6 | |||
| 22-32 | |||
| 3- 2-15 | 2-6 | ||
| 4-14-15 | 1 | 30-283 | |
| 6- 1-15(1) | 1 | 31-56 | |
| 31-57(a), (b) | |||
| 31-60(c)—(e) | |||
| 31-61(b)—(d), (h), (i) | |||
| 31-62 | |||
| 31-102.1 | |||
| 31-106.1 | |||
| 31-153(a), (b) | |||
| 31-156 | |||
| 6- 1-15(2) | 1 | 31-8 | |
| 31-29 | |||
| 31-64(a), (b) | |||
| 31-66(a) | |||
| 31-102(a), (b) | |||
| 31-104 | |||
| 31-120 | |||
| 31-152(a), (b) | |||
| 31-159 | |||
| 6- 1-15(3) | 30-284(d)(7), (9), (10) | ||
| 6- 1-15(4) | 1 | 15-101 | |
| 6-15-15(1) | 34-1124 | ||
| 6-15-15(2) | 34-12(c) | ||
| 7-20-15(1) | 20-11 | ||
| 7-20-15(2) | 1 Rpld | 34-240—34-258 | |
| Added | 34-240—34-261 | ||
| 2 | 34-1200 | ||
| 8-17-15(1) | 5-150 | ||
| 8-17-15(2) | 15-99 | ||
| 8-17-15(3) | 15-99 | ||
| 9- 8-15(1) | 10-103 | ||
| 9- 8-15(2) | 34-1172, | ||
| 34-1200 | |||
| 10-19-15(1) | 25-58 | ||
| 10-19-15(2) | 30-320 | ||
| 10-19-15(3) | 29-59 | ||
| 34-8 | |||
| 34-41, 34-42 | |||
| 34-158 | |||
| 34-160 | |||
| 34-515 | |||
| 34-804 | |||
| 12-21-15(1) | 2-6 | ||
| 12-21-15(2) | 34-420 | ||
| 34-480 | |||
| 34-796 | |||
| 34-1200 | |||
| 3-21-16 | 2 | 34-541(4), (5) | |
| 3 Rpld | 34-616—34-622 | ||
| Added | 34-616—34-623 | ||
| 4 Rpld | 34-636—34-642 | ||
| Added | 34-636—34-643 | ||
| 5 | 34-796 | ||
| 6 Added | 34-882 | ||
| 7 | 34-1101 | ||
| 8 | 34-1200 | ||
| 4-12-16 | 1 | 30-253 | |
| 4-18-16 | Added | 28-221—28-232 | |
| 6- 6-16 | 31-56, 31-57, | ||
| 31-60—31-62, | |||
| 31-153—31-156 | |||
| 8-15-16(1) | 9-29(c) | ||
| 8-15-16(2) | 2-416—2-420 | ||
| 8-15-16(3) | 34-743, 34-746(b) | ||
| 9- 6-16 | 1 | 34-420, 34-480, | |
| 34-796 | |||
| 2 | 34-1070—34-1083 | ||
| 3 | 34-1200 | ||
| 11-21-16 | 11-24 | ||
| 12-19-16(1) | 34-621, 34-641 | ||
| 12-19-16(2) | 34-743 | ||
| 2- 6-2017 | 28-25 | ||
| 3-20-2017 | 1 | 14-15 | |
| 14-24 | |||
| 4-17-2017 | 34-336 | ||
| 34-340, 34-341 | |||
| 34-343—34-345 | |||
| Added | 34-346 | ||
| Rnbd | 34-346—34-348 | ||
| as | 34-347—34-349 | ||
| 6- 5-2017(1) | 19-63 | ||
| 19-92—19-95 | |||
| 19-96 | |||
| 19-98 | |||
| 19-104, 19-104.1 | |||
| 19-107 | |||
| 19-111 | |||
| 6- 5-2017(2) | 1 | 31-56, 31-57 | |
| 31-60—31-62 | |||
| 31-153 | |||
| 31-156 | |||
| 31-158 | |||
| 7-17-2017 | 15-149 | ||
| 15-171—15-180 | |||
| 8-21-2017 | 33-7 | ||
| Added | 33-9 | ||
| 9- 5-2017 | 34-337 | ||
| 10- 2-2017 | 1 | 34-1200 | |
| 2 | 34-1101 | ||
| Added | 34-1108 | ||
| 34-1146, 34-1147 | |||
| 11-20-2017 | 4-37 | ||
| 12-18-2017 | 1 | 34-558 | |
| 2 | 34-1100 | ||
| 3 | 34-1146, 34-1147 | ||
| 4 | 34-1200 | ||
| 2-20-2018 | Added | 18-21—18-25 | |
| 3- 5-2018 | 2-41 |
This table shows the location within this Code, either in the text or notes following the text, of references to the Code of Virginia.
|
Code of Virginia
Section |
Section
this Code |
| 1-13—1-15.1 | 1-2 |
| 1-13.3 et seq. | 1-2 |
| 1-13.9 | 1-3 |
| 1-16, 1-17 | 2-101, 2-102 |
| 1-230 | 14-2 |
| 1-231 | 14-2 |
| 2.1-21 | 2-6 |
| 2.1-340 et seq. | 2-324 |
| 2.1-343 | Char., § 12 |
| 2.2-1124 | 22-32 |
| 2.2-3101 | 34-41(c) |
| 2.2-3117 | 2-5 |
| 2.2-3500 et seq. | 22-32(a)(8) |
| 2.2-3711 | 34-11 |
| 2.2-3901 | 34-131(c) |
| 2.2-4200 et seq. | 22-32(a)(8) |
| 2.2-4300 et seq. | 22-1 |
| 2.2-4308 | 22-4(c)(2) |
| 2.2-4363 | 22-32(a)(3)f. |
| 2.2-4365 | 22-32(b) |
| 2.2-4500, et seq. | 19-145 |
| Tit. 3.1, Ch. 27.4 | 4-4(a) |
| 3.1-796.66 | 4-2 |
| 3.1-796.66 et seq. | Ch. 4 |
| 3.1-796.68 | 4-2 |
| 3.1-796.94 | Ch. 4 |
| 3.1-796.96 | 4-3 |
| 3.1-796.104 | 4-4(a) |
| 3.1-796.104.1 | 4-47 |
| 3.1-796.115 | 4-20(b), (c) |
| 3.1-796.119 | 4-44(b) |
| 3.1-796.127 | 4-11 |
| 3.2-6527—3.2-6536 | 4-37 |
| 4.1-100 | 17-37(c) |
| 4-1 et seq. | 14-22(a) |
| 4.1-100 | 14-22(a) |
| 4.1-100 | 30-33(a) |
| 4.1-100 | 30-282 |
| 4.1-233 | 14-22(a) |
| 4-2 | 17-37(c) |
| 5.1-31 et seq. | Ch. 2, Art. VII |
| 5.1-35 et seq. | 2-267 |
| 6.2-301(A) | 10-107(b) |
| tit. 8.01 | 5-149(c) |
| 8.01-222 | Char., § 43 |
| 8.01-386 | 2-103 |
| 9.1-185 | 14-2 |
| 10.1-561 | 10-33 |
| 10-35(2) | |
| 10-37(a)(4) | |
| 10.1-563(D) | 10-35(6) |
| 10.1-564 | 10-31 |
| 10.1-603.1 et seq. | 10-100 |
| 10.1-603.2 et seq. | 10-51(2)a. |
| 10-54(1) | |
| 10.1-604 et seq. | 10-22(a)(8) |
| 10.1-1100 et seq. | 10-22(a)(7) |
| 10-51(b)(2) | |
| 10.1-1127.1 | 18-5 |
| 10.1-1400 | 12-19(b) |
| 10.1-1424 | 15-71 |
| 10.1-1163 | 10-22(a)(7) |
| 10-51(b)(2) | |
| 11-14 | 3-36 |
| 11-35 et seq. | Ch. 22 |
| 13.1-312 | 14-4(a)(9) |
| 14.1-47.2 | 2-40 |
| 15-11 | 17-30 |
| tit. 15.1 | Char., § 50.1 |
| 2-146 | |
| 15.1-5 | Ch. 12 |
| 15.1-7.1 | Ch. 19 |
| 19-2, 19-3 | |
| 19-6 | |
| 15.1-7.2 | 19-6 |
| 15.1-7.3 | Ch. 19, Art. V |
| 15.1-10 | Char., § 21 |
| 15.1-11 | 17-31 |
| 15.1-11.1 | 17-32 |
| 15.1-14 | Ch. 7 |
| Ch. 28 | |
| 15.1-14(9) | 28-5 |
| 15.1-15 | Ch. 5 |
| Ch. 18 | |
| 15.1-19.5 | 1-2 |
| 15.1-23.1 | Ch. 6 |
| 15.1-29.4 | 11-8 |
| 15.1-29.9 | 12-2 |
| 15.1-29.11 | Ch. 5, Art. IV |
| 15.1-37.3 | 1-1 |
| 1-9, 1-10 | |
| Ch. 34 | |
| 15.1-38 | Char., § 7 |
| 15.1-44, 15.1-45 | 2-4 |
| 15.1-133.1 | 20-7 |
| 15.1-133.01 | 20-59 |
| 15.1-136.1 et seq. | 2-3 |
| 15.1-138 | Ch. 20 |
| 15.1-159.8 et seq. | Char., § 19 |
| 15.1-160 et seq. | 11-2 |
| 15.1-170—15.1-227 | Ch. 11 |
| 15.1-239 et seq. | 28-7 |
| 15.1-272 | Ch. 18 |
| 15.1-292 | Ch. 31, Art. III |
| 15.1-307 | Char., § 51 |
| 15.1-307—15.1-316 | Char., § 36 |
| 15.1-320 | Ch. 31, Art. III |
| 15.1-335 | Ch. 31, Art. III |
| 15.1-363—15.1-426 | Ch. 28 |
| 15.1-427.1 | 2-236 |
| 15.1-437 | 2-237, 2-238 |
| 15.1-437—15.1-445 | 2-242 |
| 15.1-439 | 2-243 |
| 15.1-442 | 2-239 |
| 2-243, 2-244 | |
| 15.1-486 et seq. | Ch. 34 |
| 15.1-516 | 15-130 |
| 15.1-797 | 2-4 |
| 15.1-803 | Char., § 4 |
| 9-1 | |
| 15.1-810 | Ch. 2, Art. II, Div. 2 |
| 2-122 | |
| 15.1-811 | 2-49 |
| 15.1-812 | 2-74 |
| 2-98 | |
| 15.1-813.1 | 2-4 |
| 15.1-833 et seq. | Char. |
| 15.1-837—15.1-907 | Char., § 50.1 |
| 15.1-841 et seq. | Ch. 11 |
| 15.1-855, 15.1-856 | Ch. 31, Art. III |
| 15.1-857 | Ch. 26 |
| 15.1-860 | Ch. 7 |
| 15.1-861 | Ch. 25 |
| 15.1-865 | 12-56 |
| 33-6 | |
| 15.1-867 | 17-30, 17-31 |
| 15.1-869 | Ch. 5 |
| 15.1-870 | Ch. 4 |
| 15.1-875, 15.1-876 | Ch. 31, Art. III |
| 15.1-878 | Ch. 31, Art. II |
| Ch. 31, Art. II, Div. 2 | |
| 31-68 | |
| 15.1-879 | Ch. 26 |
| 15.1-880 | 8-1 |
| 15.1-883 | Ch. 7 |
| 15.1-888 et seq. | Ch. 28 |
| 15.1-891 | Ch. 15 |
| 15.1-925 | Ch. 2, Art. II |
| 2-39 | |
| 15.1-926, 15.1-927 | Char., § 5(f) |
| 15.1-928 | 2-4 |
| 15.1-1373—15.1-1399 | 2-389 |
| 15.1-1376 | 2-387 |
| 15.1-1377 | 2-388 |
| Tit. 15.2, Ch. 22, Art. 3 | 34-26 |
| 34-27(b) | |
| Tit.15.2, Ch. 22, Art. 6 | 29-5(a) |
| 15.2-915.4 | 33-4 |
| 15.2-916 | 33-9 |
| 15.2-951 | 22-32 |
| 15.2-953 | 22-32 |
| 15.2-1115 | 28-25 |
| 15.2-1414.6 | 2-40 |
| 15.2-1544 | 19-141(a) |
| 19-142(a) | |
| 15.2-1800 | 10-106(b)(1) |
| 15.2-2100 et seq. | 29-204(3), (5) |
| 15.2-2114 | 10-103(d) |
| 15.2-2114 et seq. | 10-100 |
| 15.2-2114.D | 10-105(a) |
| 15.2-2114.E | 10-105(a) |
| 15.2-2114.G | 10-107(b) |
| 15.2-2204 | 34-27(a)(2) |
| 2-420(a) | |
| 34-44(a), (d) | |
| 34-135(c) | |
| 34-137(d) | |
| 15.2-2209 | 34-86 |
| 15.2-2209.2 | 34-1104 |
| 15.2-2210 | 29-3 |
| 34-1200 | |
| 15.2-2121 | 29-160(g)(1) |
| 15.2-2223 et seq. | 34-1200 |
| 15.2-2232 | 10-36(5)b. |
| 29-110(a)(21) | |
| 34-28(f) | |
| 34-910(a) | |
| 15.2-2240—15.2-2279 | 29-140(1) |
| 15.2-2241—15.2-2245 | 29-38(b)(2) |
| 15.2-2243 | 29-230(1) |
| 15.2-2245 | 29-260(d)(2) |
| 15.2-2254 | 29-3 |
| 15.2-2259(C), (D) | 29-58(c) |
| 29-77(b)(5) | |
| 15.2-2260 | 34-823(d) |
| 15.2-2260(D), (E) | 29-77(a)(6) |
| 15.2-2260(F) | 29-37(a) |
| 29-77(a)(5) | |
| 15.2-2261 | 29-37(b), (c) |
| 15.2-2261(C) | 29-82(a)(1) |
| 29-82(b)(2) | |
| 15.2-2271 | 29-234(4) |
| 15.2-2271—15.2-2274 | 29-38(a) |
| 15.2-2272 | 29-38(c) |
| 29-234(4) | |
| 15.2-2274 | 29-38(c) |
| 15.2-2280 | 34-240(a) |
| 15.2-2280 et seq. | 34-1 |
| 15.2-2291 | 34-1200 |
| 15.2-2292.1 | 34-1194(a) |
| 15.2-2303 | 34-61 |
| 15.2-2306 | 34-1200 |
| 15.2-2307 | 34-9(c) |
| 34-106(a) | |
| 15.2-4900 et seq. | 2-389 |
| 15.2-4902 | 22-5(6) |
| 15.2-5102 | 10-35(g) |
| 16.1-69.1 et seq. | Char., § 33 |
| 16.1-241(A)(1) | 17-7(g)b.3. |
| 16.1-253 | 17-25 |
| 16.1-253.1 | 17-25 |
| 16.1-260(H)(1) | 17-7(g)a.2. |
| 17-7(g)b.3. | |
| 16.1-278 et seq. | 15-3(a)(3) |
| 16.1-278.6 | 17-7(g)b.3. |
| 16.1-279 | 17-25 |
| 16.1-279.1 | 17-25 |
| 16.1-309.2 et seq. | 22-5(2) |
| 16.1-310 et seq. | 25-86 |
| 16.1-333 | 17-7(a) |
| 17-119.1:1 | Char., § 45 |
| 18.2-1 et seq. | Ch. 17 |
| 18.2-9 | 1-11 |
| 18.2-11 | 1-11 |
| 15-2 | |
| 18.2-27 | 17-1 |
| 18.2-57 | 17-3 |
| 18.2-96 | 17-14 |
| 18.2-111 | 30-286(b) |
| 18.2-119 | 20-11 |
| 18.2-119—18.2-121 | 17-25—17-27 |
| 18.2-127 | 7-10 |
| 18.2-137 | 17-22 |
| 18.2-144.1 | 20-10 |
| 18.2-146—18.2-148 | 17-24 |
| 18.2-152 | 15-180 |
| 18.2-162.1 | 31-122 |
| 18.2-163 | 31-105 |
| 18.2-181—18.2-185 | 17-16—17-20 |
| 18.2-187.1 | 6-6 |
| 18.2-212 | 12-3 |
| 17-9 | |
| 18.2-223, 18.2-224 | Ch. 27, Art. II |
| 18.2-266 | 1-12(a) |
| 18.2-266 et seq. | 15-3(a)(2) |
| 18.2-286 | 33-9 |
| 18.2-308 | 33-5 |
| 33-5(a)(3) | |
| 33-5(e)(3) | |
| 18.2-309 | 33-4 |
| 18.2-316 | 17-35 |
| 18.2-318 | 17-36 |
| 18.2-319 | 17-33 |
| 18.2-324 | 28-23 |
| 18.2-325.1 | 34-1200 |
| 18.2-340.1 | 3-26 |
| 18.2-340.1 et seq. | 3-63(1)(a) |
| 18.2-340.2 | 3-61, 3-62 |
| 3-64 | |
| 18.2-340.3 | 3-63 |
| 3-65—3-68 | |
| 18.2-340.4 | 3-37 |
| 18.2-340.5 | 3-40 |
| 18.2-340.6 | 3-41(d) |
| 18.2-340.6A | 3-41 |
| 18.2-340.6B1 | 3-41 |
| 3-70 | |
| 18.2-340.6B2 | 3-42 |
| 18.2-340.6B3 | 3-43 |
| 3-70 | |
| 18.2-340.6C | 3-28 |
| 18.2-340.7 | 3-44 |
| 18.2-340.8 | Ch. 3, Art. II |
| 18.2-340.9B | 3-32 |
| 18.2-340.9C | 3-34 |
| 18.2-340.9D | 3-37 |
| 18.2-340.9E | 3-30, 3-31 |
| 18.2-340.9F | 3-33 |
| 18.2-340.9G | 3-35, 3-36 |
| 18.2-340.9H | 3-35 |
| 18.2-340.10 | 3-27 |
| 3-69 | |
| 18.2-340.11 | 3-27 |
| 18.2-340.12 | 3-69 |
| 18.2-340.13 | 3-38 |
| 18.2-340.14 | 3-29 |
| 18.2-341, 18.2-342 | 17-2 |
| 18.2-387 | 17-13 |
| 18.2-388, 18.2-389 | 17-12 |
| 18.2-415 | 17-10 |
| 18.2-432 | 3-1 |
| 18.2-461 | 20-8 |
| 18.2-463 | 20-9 |
| 19.2-13 | 15-130 |
| 19.2-26 et seq. | Char., § 18 |
| 19.2-74 | 1-12 |
| 19.2-82 | 1-12(a), 1-12(b) |
| 1-12(d) | |
| 19.2-387 et seq. | 1-12(c) |
| 19.2-389A.7 | 20-5(a) |
| 19.2-390 | 1-12(c) |
| 21-292 et seq. | 29-3 |
| 22.1-28 et seq. | Ch. 2, Art. X |
| 22.1-48 et seq. | Char., § 45-a |
| 22.1-90 | 2-343 |
| 22.1-92 | 2-343 |
| 22.1-116 | 11-66 |
| 23-232 et seq. | 33-5(d)(6) |
| 24.1-1 et seq. | Char., § 47 |
| Ch. 9 | |
| 24.1-86 | 2-181 |
| 11-36 | |
| 11-61 | |
| 24.1-165 | Char., § 51 |
| 24.1-233.1 | 9-31 |
| 24.2-222 | 2-35(a) |
| 24.2-222.1 | 2-35(a) |
| 24.2-222.1(D) | 2-35(b) |
| 24.2-307 | 9-26 |
| 25-46.1 et seq. | Char., § 51 |
| Tit. 25.1, ch. 2 | 18-12 |
| 26-38 et seq. | 19-64 |
| 26-40 et seq. | 11-7 |
| 27-1 et seq. | Ch. 12 |
| 27-6.1 et seq. | Ch. 12, Art. II |
| 27-37.1 | 12-19(b) |
| 27-94 et seq. | 12-31(d) |
| 27-94—27-101 | 12-52 |
| 27-97 | 12-31(a) |
| 27-98 | 12-52 |
| 27-100 | 12-51 |
| 32.1-111.14 | 12-40 |
| 12-42(b) | |
| 29.1-200 et seq. | 33-5(d)(2) |
| 29.1-528.1 | 33-9 |
| 32.1-163—32.1-166 | Ch. 31, Art. III |
| 32.1-167—32.1-176 | Ch. 31, Art. III |
| 33.1-346 | 26-1 |
| 35.1-25 | 34-1200 |
| 36-85.3 | 30-31(a)(4) |
| 30-98(1) | |
| 36-85.16 | 34-1200 |
| 36-97 et seq. | 5-26 |
| 36-99.11 | 15-133(a) |
| 36-99.11 | 15-133(a) |
| 36-105 | Ch. 5, Art. II, Div. 2 |
| 36-106 | 5-1 |
| 42.1-33—42.1-45 | Ch. 13 |
| 42.1-38 et seq. | 13-26 |
| 42.1-72, 42.1-73 | 13-33 |
| 42.1-74 | 13-34 |
| 42.1-82 | 29-110(a)(1) |
| 43-32—43-36 | 15-275(a) |
| tit. 46.2 | 1-12(a), 1-12(b) |
| 15-3(a)(1) | |
| tit. 45.1 | |
| 10-22(a)(6) | |
| 46.2-100 | 15-39(a) |
| 46.2-100 | 15-101(b)(1) |
| 15-242(e) | |
| 15-244(d) | |
| 15-246(a) | |
| 15-251(b) | |
| 17-32(a) | |
| 30-31(a)(3), (5) | |
| 30-39(b) | |
| 30-316 | |
| 46.2-113 | 15-2 |
| 46.2-337 | 15-244(a) |
| 46.2-371 et seq. | 15-9 |
| 46.2-381 | 15-9 |
| 46.2-388 | 1-12(f) |
| 46.2-613 | 15-8 |
| 46.2-617 | 15-274(a) |
| 46.2-632 | 30-168(a)(6) |
| 46.2-633 | 30-168(a)(6) |
| 46.2-634 | 30-168(a)(6) |
| 46.2-730(C) | 30-31(a)(5) |
| 46.2-731 | 15-132(a)—(c) |
| 46.2-731 | 15-133(b), (c) |
| 46.2-739(B) | 15-132(a)—(c) |
| 46.2-739(B) | 15-133(b), (c) |
| 46.2-752(J) | 15-37(c), (f) |
| 46.2-755 | 15-38(a)(3) |
| 46.2-800 | 15-240 |
| 46.2-800 et seq. | 15-240 |
| 46.2-870 et seq. | Ch. 15, Art. IV |
| 46.2-871 | 15-97 |
| 46.2-873 | 15-98 |
| 46.2-874, 46.2-875 | 15-96 |
| 46.2-877 | 15-100 |
| 46.2-878.2 | 15-101(a) |
| 46.2-904 | 15-246 |
| 46.2-905 | 15-243, 15-244 |
| 46.2-906.1 | 15-252 |
| 46.2-908 | 15-237 |
| 46.2-914 | 15-242 |
| 46.2-924 | 15-75 |
| 46.2-932 | 15-248 |
| 46.2-936 | 26-1(b) |
| 46.2-941 | 15-149(f) |
| 46.2-1015 | 15-241 |
| 46.2-1037 | 15-146 |
| 46.2-1200 | 15-271 |
| 46.2-1201 | Ch. 15, Art. VII |
| 15-272 | |
| 46.2-1202—46.2-1206 | 15-273—15-277 |
| 46.2-1213 | Ch. 15, Art. VIII |
| 15-302(d) | |
| 46.2-1220 | Ch. 15, Art. V |
| Ch. 15, Art. V, Div. 2 | |
| 15-149 | |
| 15-150 | |
| 46.2-1237 | 15-133 |
| 46.2-1238 | 15-132 |
| 46.2-1239 | 15-129 |
| 46.2-1240 | 15-132(d) |
| 46.2-1241 | 15-132(a)—(c) |
| 46.2-1241 | 15-133(b), (c) |
| 46.2-1300 | 15-3(a) |
| 15-96(2) | |
| 15-99 | |
| 46.2-1300—46.2-1314 | Ch. 15 |
| 46.2-1302 | 15-7 |
| 46.2-1304 | 15-73 |
| 46.2-1313 | 15-3(a) |
| 49-1 | 11-61 |
| 51-111.9 et seq. | Ch. 19, Art. IV |
| 51.1-143.1 | 19-95.3(a) |
| 51.1-801.1 | 19-95.3(a) |
| 51.1-803 | 19-145 |
| 53.1-29 | 33-5(e)(4) |
| 53.1-105 et seq. | Ch. 2, Art. XI |
| 54.1-400 et seq. | 10-52(c)(11) |
| 54.1-1128 | 5-57(a) |
| 54.1-2900 | 14-18(f)(9) |
| 54.1-4100 | 21-26 |
| 54.1-4101A, 54.1-4101B | 21-34 |
| 54.1-4101C | 21-30 |
| 54.1-4102 | 21-33 |
| 54.1-4103—54.1-4105 | 21-35—21-37 |
| 54.1-4106, 54.1-4107 | 21-31 |
| 54.1-4108A | 21-56 |
| 54.1-4108B | 21-58 |
| 21-60 | |
| 54.1-4108C | 21-59 |
| 54.1-4108D | 21-62, 21-63 |
| 54.1-4108E | 21-32 |
| 54.1-4109B, 54.1-4109C | 21-27, 21-28 |
| 54.1-4110A | 21-29 |
| 54.1-4110B | 21-64 |
| 54.1-4111 | Ch. 21, Art. II |
| 55-79.41 | 14-4(8) |
| 55-210.1 et seq. | 20-58(b)(1) |
| 55-248.4 | 5-3(a) |
| 55-508 et seq. | 34-62(4) |
| 55-528 | 10-56(b)(1) |
| 10-104(c) | |
| 56-265.14 et seq. | 22-4(k) |
| 56-345 et seq. | Ch. 23 |
| 56-412.1 | 23-7 |
| 57-22 et seq. | Ch. 7 |
| tit. 58.1 | Char., § 20 |
| 30-6 | |
| 58-762 | Char., § 20 |
| 58-1014—58-1020 | Char., § 20 |
| 58-1101—58-1108 | Char., § 20 |
| 58.1-1 et seq. | Ch. 30 |
| 58.1-3 | 11-69 |
| 58.1-15 | 10-10(c) |
| 30-349 | |
| 58.1-520 et seq. | 30-41(b) |
| 58.1-600 et seq. | 30-196 |
| 58.1-600 et seq. | 30-284(d)(10) |
| 30-316 | |
| 30-318 | |
| 58.1-605 | 30-196, 30-197 |
| 58.1-608 | 30-318 |
| 58.1-628 | 30-197 |
| 58.1-814 | 30-371 |
| 58.1-1200 et seq. | 14-4(a)(11), (12) |
| 30-347(a) | |
| 58.1-1201 | 30-346 |
| 58.1-1204 | 30-347(a) |
| 58.1-1205 | 30-346 |
| 30-348(a) | |
| 58.1-1207 | 30-348(a), 30-348(b) |
| 58.1-1208 | 30-347 |
| 58.1-1211 | 30-347(b) |
| 58.1-1212 | 30-348(b) |
| 58.1-1718 | 30-396 |
| 58.1-3000 et seq. | Ch. 30 |
| 58.1-3110 | 14-9(e) |
| 58.1-3123 | 14-17(c)(3) |
| 58.1-3200 et seq. | Ch. 30, Art. III |
| 30-72 | |
| 30-73(b) | |
| 58.1-3210 | Ch. 30, Art. IV |
| 30-97 | |
| 30-101 | |
| 58.1-3210—58.1-3212 | 30-98 |
| 58.1-3213 | 30-99 |
| 58.1-3214 | 30-96 |
| 58.1-3215, 58.1-3216 | 30-102, 30-103 |
| 58.1-3217, 58.1-3218 | 30-96, 30-97 |
| 58.1-3219 | 30-476 |
| 58.1-3219.5 | 30-476 |
| 58.1-3221.2 | 30-160.4(2) |
| 58.1-3221.2.C | 30-160.4(2) |
| 58.1-3222 | 30-65 |
| 58.1-3253 | 30-61 |
| 58.1-3292 | 30-65.1 |
| 58.1-3303 | 30-68 |
| 58.1-3330 | 30-73(a) |
| 58.1-3370 et seq. | 30-69 |
| 58.1-3378 | 30-73(c)(1) |
| 58.1-3379 | 30-73(c)(2) |
| 58.1-3378—58.1-2284 | 30-73 |
| 58.1-3400 | 30-3 |
| 58.1-3400 et seq. | 30-1, 30-2 |
| 58.1-3400—58.1-3407 | 30-1 |
| 58.1-3500 et seq. | 30-31 |
| 58.1-3503 | 30-31(a) |
| 30-323 | |
| 58.1-3504, 58.1-3505 | 30-32 |
| 58.1-3507 | 30-33 |
| 58.1-3510 | 30-316 |
| 30-323 | |
| 58.1-3510.1 | 30-316—30-318 |
| 58.1-3510.2 | 30-319 |
| 58.1-3510.3 | 30-318 |
| 58.1-3511 | 30-34 |
| 30-34(b) | |
| 58.1-3515 | 30-34 |
| 58.1-3516 | 30-5(e) |
| 58.1-3518 | 30-34(c) |
| 58.1-3518, 58.1-3519 | 30-35, 30-36 |
| 58.1-3600 et seq. | 30-1 |
| 58.1-3661A | 30-127 |
| 58.1-3661B | 30-126 |
| 58.1-3661C | 30-131, 30-132 |
| 58.1-3661D, 58.1-3661E | 30-133, 30-134 |
| 58.1-3700 et seq. | Char., § 22 |
| 58.1-3701 | 14-2 |
| 14-8(b) | |
| 58.1-3700.1 | 30-34(c) |
| 58.1-3703.1 | 14-2 |
| 58.1-3712 | 14-4(a)(5) |
| 58.1-3713 | 14-4(a)(5) |
| 58.1-3714(B) | 14-2 |
| 58.1-3714(D) | 14-2 |
| 58.1-3715 | 14-2 |
| 14-7(a)(1) | |
| 14-11(a) | |
| 58.1-3718 | 14-4(a)(6) |
| 58.1-3720 | 14-23(5) |
| 58.1-3731 | 14-4(a)(1) |
| 58.1-3800, 58.1-3801 | 30-371, 30-372 |
| 58.1-3803 | 30-373 |
| 58.1-3805, 58.1-3806 | 30-396, 30-397 |
| 58.1-3812 | 30-221 |
| 30-222 | |
| 30-227(b)(1) | |
| 58.1-3813 | 30-400 |
| 58.1-3814 | 30-222 |
| 58.1-3833(C) | 30-286(b) |
| 58.1-3840 | 30-253 |
| 30-283 | |
| 58.1-3895 et seq. | 5-4(b) |
| 58.1-3900 et seq. | 30-322 |
| 58.1-3903 | 14-5(c) |
| 58.1-3912—58.1-3914 | 30-161—30-163 |
| 58.1-3916 | 30-161 |
| 30-164 | |
| 58.1-3919 | 15-37(f) |
| 30-164(c)(1) | |
| 30-165 | |
| 30-167 | |
| 58.1-3921—58.1-3923 | 30-168 |
| 58.1-3924 | 30-169, 30-170 |
| 58.1-3927, 58.1-3928 | 30-171, 30-172 |
| 58.1-3933 | 30-172 |
| 58.1-3940 | 14-5(d) |
| 58.1-3940 et seq. | 5-4(b) |
| 30-165 | |
| 58.1-3952 | 30-41(b) |
| 58.1-3958 | 30-164 |
| 58.1-3965 et seq. | 30-172 |
| 30-172(a) | |
| 58.1-3980 | 14-2, 30-5(b)(2) |
| 58.1-3980 et seq. | 30-6(a) |
| 58.1-3981 | 14-2, 30-5(b)(2) |
| 58.1-3983.1 | 30-5(b)(2) |
| 58.1-3983.1(D)(1) | 14-6(c) |
| 58.1-3984 | 14-2 |
| 14-6(c) | |
| 30-3 | |
| 30-5(b)(2) | |
| 30-6(a) | |
| 30-74 | |
| 58.1-3986 | 14-8(b) |
| 58.1-3993 | 14-8(b) |
| 59.1-142 et seq. | 12-56 |
| 59.1-148 | 12-56 |
| 62.1-44.2 et seq. | 10-5 |
| 62.1-44.2—62.1-44.34:28 | 10-2 |
| 62.1-44.15:24 et seq. | 10-5 |
| 10-5 | |
| 62.1-44.15:27 | 10-2 |
| 10-50(a) | |
| 10-52 | |
| 62.1-44.15:28 | 10-10(b) |
| 62.1-44.15:33(C) | 10-54(e)(2) |
| 62.1-44.34:8 | 12-19(b) |
| 62.1-44.15:35 | 10-53(c)(10) |
| 62.1-44.15:39 | 10-57(d) |
| 62.1-44.15:40 | 10-57(f) |
| 62.1-44.15:42 | 10-59(b) |
| 62.1-44.15:48(A) | 10-59(d)(2) |
| 10-59(e) | |
| 62.1-44.15:48(D) | 10-59(b) |
| 62.1-44.15:49 | 10-52 |
| 62.1-44.15:51 et seq. | 10-5 |
| 10-21(b) | |
| 62.1-44.15:53 | 10-42(d) |
| 62.1-44.15:54 | 10-2 |
| 10-33 | |
| 62.1-44.15:55 | |
| 10-36(3) | |
| 10-37(c) | |
| 10-35(g) | |
| 62.1-44.15:56 | 10-21(c) |
| 62.1-44.15:58 | 10-40(b)(1) |
| 10-40(b)(2) | |
| 10-40(b)(3) | |
| 10-41 | |
| 62.1-44.15:60 | 10-40(b)(1) |
| 63.1-1 et seq. | Ch. 25 |
| 63.1-38.1 | 25-27 |
| 63.1-43.1 | 25-1 |
| 25-1(b)(6) | |
| 63.1-50 et seq. | 25-28 |
| 63.1-59.1 | 25-27 |
| 63.1-67.1 et seq. | 25-27 |
| 63.1-87 | 22-9(b)(2) |
| 63.2-100 | 22-5(2) |
| 63.1-106 | 25-57 |
| 63.1-164 | 14-4(a)(14) |
| 63.1-183—63.1-194 | 25-2 |
| 63.1-185 | 25-2 |
| 63.1-195 | 24-4 |
| 63.2-100 | 22-5(2) |
| 34-1200 | |
| 65.2-603 | 19-154(b) |
| 1251 et seq. | 10-2 |
This table shows the location within this Code, either in the text or notes following the text, of references to the Code of Virginia.
|
Code of Virginia
Section |
Section
this Code |
| 1-13—1-15.1 | 1-2 |
| 1-13.3 et seq. | 1-2 |
| 1-13.9 | 1-3 |
| 1-16, 1-17 | 2-101, 2-102 |
| 1-230 | 14-2 |
| 1-231 | 14-2 |
| 2.1-21 | 2-6 |
| 2.1-340 et seq. | 2-324 |
| 2.1-343 | Char., § 12 |
| 2.2-1124 | 22-32 |
| 2.2-3101 | 34-41(c) |
| 2.2-3117 | 2-5 |
| 2.2-3500 et seq. | 22-32(a)(8) |
| 2.2-3711 | 34-11 |
| 2.2-3901 | 34-131(c) |
| 2.2-4200 et seq. | 22-32(a)(8) |
| 2.2-4300 et seq. | 22-1 |
| 2.2-4308 | 22-4(c)(2) |
| 2.2-4363 | 22-32(a)(3)f. |
| 2.2-4365 | 22-32(b) |
| 2.2-4500, et seq. | 19-145 |
| Tit. 3.1, Ch. 27.4 | 4-4(a) |
| 3.1-796.66 | 4-2 |
| 3.1-796.66 et seq. | Ch. 4 |
| 3.1-796.68 | 4-2 |
| 3.1-796.94 | Ch. 4 |
| 3.1-796.96 | 4-3 |
| 3.1-796.104 | 4-4(a) |
| 3.1-796.104.1 | 4-47 |
| 3.1-796.115 | 4-20(b), (c) |
| 3.1-796.119 | 4-44(b) |
| 3.1-796.127 | 4-11 |
| 3.2-6527—3.2-6536 | 4-37 |
| 4.1-100 | 17-37(c) |
| 4-1 et seq. | 14-22(a) |
| 4.1-100 | 14-22(a) |
| 4.1-100 | 30-33(a) |
| 4.1-100 | 30-282 |
| 4.1-233 | 14-22(a) |
| 4-2 | 17-37(c) |
| 5.1-31 et seq. | Ch. 2, Art. VII |
| 5.1-35 et seq. | 2-267 |
| 6.2-301(A) | 10-107(b) |
| tit. 8.01 | 5-149(c) |
| 8.01-222 | Char., § 43 |
| 8.01-386 | 2-103 |
| 9.1-185 | 14-2 |
| 10.1-561 | 10-33 |
| 10-35(2) | |
| 10-37(a)(4) | |
| 10.1-563(D) | 10-35(6) |
| 10.1-564 | 10-31 |
| 10.1-603.1 et seq. | 10-100 |
| 10.1-603.2 et seq. | 10-51(2)a. |
| 10-54(1) | |
| 10.1-604 et seq. | 10-22(a)(8) |
| 10.1-1100 et seq. | 10-22(a)(7) |
| 10-51(b)(2) | |
| 10.1-1127.1 | 18-5 |
| 10.1-1400 | 12-19(b) |
| 10.1-1424 | 15-71 |
| 10.1-1163 | 10-22(a)(7) |
| 10-51(b)(2) | |
| 11-14 | 3-36 |
| 11-35 et seq. | Ch. 22 |
| 13.1-312 | 14-4(a)(9) |
| 14.1-47.2 | 2-40 |
| 15-11 | 17-30 |
| tit. 15.1 | Char., § 50.1 |
| 2-146 | |
| 15.1-5 | Ch. 12 |
| 15.1-7.1 | Ch. 19 |
| 19-2, 19-3 | |
| 19-6 | |
| 15.1-7.2 | 19-6 |
| 15.1-7.3 | Ch. 19, Art. V |
| 15.1-10 | Char., § 21 |
| 15.1-11 | 17-31 |
| 15.1-11.1 | 17-32 |
| 15.1-14 | Ch. 7 |
| Ch. 28 | |
| 15.1-14(9) | 28-5 |
| 15.1-15 | Ch. 5 |
| Ch. 18 | |
| 15.1-19.5 | 1-2 |
| 15.1-23.1 | Ch. 6 |
| 15.1-29.4 | 11-8 |
| 15.1-29.9 | 12-2 |
| 15.1-29.11 | Ch. 5, Art. IV |
| 15.1-37.3 | 1-1 |
| 1-9, 1-10 | |
| Ch. 34 | |
| 15.1-38 | Char., § 7 |
| 15.1-44, 15.1-45 | 2-4 |
| 15.1-133.1 | 20-7 |
| 15.1-133.01 | 20-59 |
| 15.1-136.1 et seq. | 2-3 |
| 15.1-138 | Ch. 20 |
| 15.1-159.8 et seq. | Char., § 19 |
| 15.1-160 et seq. | 11-2 |
| 15.1-170—15.1-227 | Ch. 11 |
| 15.1-239 et seq. | 28-7 |
| 15.1-272 | Ch. 18 |
| 15.1-292 | Ch. 31, Art. III |
| 15.1-307 | Char., § 51 |
| 15.1-307—15.1-316 | Char., § 36 |
| 15.1-320 | Ch. 31, Art. III |
| 15.1-335 | Ch. 31, Art. III |
| 15.1-363—15.1-426 | Ch. 28 |
| 15.1-427.1 | 2-236 |
| 15.1-437 | 2-237, 2-238 |
| 15.1-437—15.1-445 | 2-242 |
| 15.1-439 | 2-243 |
| 15.1-442 | 2-239 |
| 2-243, 2-244 | |
| 15.1-486 et seq. | Ch. 34 |
| 15.1-516 | 15-130 |
| 15.1-797 | 2-4 |
| 15.1-803 | Char., § 4 |
| 9-1 | |
| 15.1-810 | Ch. 2, Art. II, Div. 2 |
| 2-122 | |
| 15.1-811 | 2-49 |
| 15.1-812 | 2-74 |
| 2-98 | |
| 15.1-813.1 | 2-4 |
| 15.1-833 et seq. | Char. |
| 15.1-837—15.1-907 | Char., § 50.1 |
| 15.1-841 et seq. | Ch. 11 |
| 15.1-855, 15.1-856 | Ch. 31, Art. III |
| 15.1-857 | Ch. 26 |
| 15.1-860 | Ch. 7 |
| 15.1-861 | Ch. 25 |
| 15.1-865 | 12-56 |
| 33-6 | |
| 15.1-867 | 17-30, 17-31 |
| 15.1-869 | Ch. 5 |
| 15.1-870 | Ch. 4 |
| 15.1-875, 15.1-876 | Ch. 31, Art. III |
| 15.1-878 | Ch. 31, Art. II |
| Ch. 31, Art. II, Div. 2 | |
| 31-68 | |
| 15.1-879 | Ch. 26 |
| 15.1-880 | 8-1 |
| 15.1-883 | Ch. 7 |
| 15.1-888 et seq. | Ch. 28 |
| 15.1-891 | Ch. 15 |
| 15.1-925 | Ch. 2, Art. II |
| 2-39 | |
| 15.1-926, 15.1-927 | Char., § 5(f) |
| 15.1-928 | 2-4 |
| 15.1-1373—15.1-1399 | 2-389 |
| 15.1-1376 | 2-387 |
| 15.1-1377 | 2-388 |
| Tit. 15.2, Ch. 22, Art. 3 | 34-26 |
| 34-27(b) | |
| Tit.15.2, Ch. 22, Art. 6 | 29-5(a) |
| 15.2-915.4 | 33-4 |
| 15.2-916 | 33-9 |
| 15.2-951 | 22-32 |
| 15.2-953 | 22-32 |
| 15.2-1115 | 28-25 |
| 15.2-1414.6 | 2-40 |
| 15.2-1544 | 19-141(a) |
| 19-142(a) | |
| 15.2-1800 | 10-106(b)(1) |
| 15.2-2100 et seq. | 29-204(3), (5) |
| 15.2-2114 | 10-103(d) |
| 15.2-2114 et seq. | 10-100 |
| 15.2-2114.D | 10-105(a) |
| 15.2-2114.E | 10-105(a) |
| 15.2-2114.G | 10-107(b) |
| 15.2-2204 | 34-27(a)(2) |
| 2-420(a) | |
| 34-44(a), (d) | |
| 34-135(c) | |
| 34-137(d) | |
| 15.2-2209 | 34-86 |
| 15.2-2209.2 | 34-1104 |
| 15.2-2210 | 29-3 |
| 34-1200 | |
| 15.2-2121 | 29-160(g)(1) |
| 15.2-2223 et seq. | 34-1200 |
| 15.2-2232 | 10-36(5)b. |
| 29-110(a)(21) | |
| 34-28(f) | |
| 34-910(a) | |
| 15.2-2240—15.2-2279 | 29-140(1) |
| 15.2-2241—15.2-2245 | 29-38(b)(2) |
| 15.2-2243 | 29-230(1) |
| 15.2-2245 | 29-260(d)(2) |
| 15.2-2254 | 29-3 |
| 15.2-2259(C), (D) | 29-58(c) |
| 29-77(b)(5) | |
| 15.2-2260 | 34-823(d) |
| 15.2-2260(D), (E) | 29-77(a)(6) |
| 15.2-2260(F) | 29-37(a) |
| 29-77(a)(5) | |
| 15.2-2261 | 29-37(b), (c) |
| 15.2-2261(C) | 29-82(a)(1) |
| 29-82(b)(2) | |
| 15.2-2271 | 29-234(4) |
| 15.2-2271—15.2-2274 | 29-38(a) |
| 15.2-2272 | 29-38(c) |
| 29-234(4) | |
| 15.2-2274 | 29-38(c) |
| 15.2-2280 | 34-240(a) |
| 15.2-2280 et seq. | 34-1 |
| 15.2-2291 | 34-1200 |
| 15.2-2292.1 | 34-1194(a) |
| 15.2-2303 | 34-61 |
| 15.2-2306 | 34-1200 |
| 15.2-2307 | 34-9(c) |
| 34-106(a) | |
| 15.2-4900 et seq. | 2-389 |
| 15.2-4902 | 22-5(6) |
| 15.2-5102 | 10-35(g) |
| 16.1-69.1 et seq. | Char., § 33 |
| 16.1-241(A)(1) | 17-7(g)b.3. |
| 16.1-253 | 17-25 |
| 16.1-253.1 | 17-25 |
| 16.1-260(H)(1) | 17-7(g)a.2. |
| 17-7(g)b.3. | |
| 16.1-278 et seq. | 15-3(a)(3) |
| 16.1-278.6 | 17-7(g)b.3. |
| 16.1-279 | 17-25 |
| 16.1-279.1 | 17-25 |
| 16.1-309.2 et seq. | 22-5(2) |
| 16.1-310 et seq. | 25-86 |
| 16.1-333 | 17-7(a) |
| 17-119.1:1 | Char., § 45 |
| 18.2-1 et seq. | Ch. 17 |
| 18.2-9 | 1-11 |
| 18.2-11 | 1-11 |
| 15-2 | |
| 18.2-27 | 17-1 |
| 18.2-57 | 17-3 |
| 18.2-96 | 17-14 |
| 18.2-111 | 30-286(b) |
| 18.2-119 | 20-11 |
| 18.2-119—18.2-121 | 17-25—17-27 |
| 18.2-127 | 7-10 |
| 18.2-137 | 17-22 |
| 18.2-144.1 | 20-10 |
| 18.2-146—18.2-148 | 17-24 |
| 18.2-152 | 15-180 |
| 18.2-162.1 | 31-122 |
| 18.2-163 | 31-105 |
| 18.2-181—18.2-185 | 17-16—17-20 |
| 18.2-187.1 | 6-6 |
| 18.2-212 | 12-3 |
| 17-9 | |
| 18.2-223, 18.2-224 | Ch. 27, Art. II |
| 18.2-266 | 1-12(a) |
| 18.2-266 et seq. | 15-3(a)(2) |
| 18.2-286 | 33-9 |
| 18.2-308 | 33-5 |
| 33-5(a)(3) | |
| 33-5(e)(3) | |
| 18.2-309 | 33-4 |
| 18.2-316 | 17-35 |
| 18.2-318 | 17-36 |
| 18.2-319 | 17-33 |
| 18.2-324 | 28-23 |
| 18.2-325.1 | 34-1200 |
| 18.2-340.1 | 3-26 |
| 18.2-340.1 et seq. | 3-63(1)(a) |
| 18.2-340.2 | 3-61, 3-62 |
| 3-64 | |
| 18.2-340.3 | 3-63 |
| 3-65—3-68 | |
| 18.2-340.4 | 3-37 |
| 18.2-340.5 | 3-40 |
| 18.2-340.6 | 3-41(d) |
| 18.2-340.6A | 3-41 |
| 18.2-340.6B1 | 3-41 |
| 3-70 | |
| 18.2-340.6B2 | 3-42 |
| 18.2-340.6B3 | 3-43 |
| 3-70 | |
| 18.2-340.6C | 3-28 |
| 18.2-340.7 | 3-44 |
| 18.2-340.8 | Ch. 3, Art. II |
| 18.2-340.9B | 3-32 |
| 18.2-340.9C | 3-34 |
| 18.2-340.9D | 3-37 |
| 18.2-340.9E | 3-30, 3-31 |
| 18.2-340.9F | 3-33 |
| 18.2-340.9G | 3-35, 3-36 |
| 18.2-340.9H | 3-35 |
| 18.2-340.10 | 3-27 |
| 3-69 | |
| 18.2-340.11 | 3-27 |
| 18.2-340.12 | 3-69 |
| 18.2-340.13 | 3-38 |
| 18.2-340.14 | 3-29 |
| 18.2-341, 18.2-342 | 17-2 |
| 18.2-387 | 17-13 |
| 18.2-388, 18.2-389 | 17-12 |
| 18.2-415 | 17-10 |
| 18.2-432 | 3-1 |
| 18.2-461 | 20-8 |
| 18.2-463 | 20-9 |
| 19.2-13 | 15-130 |
| 19.2-26 et seq. | Char., § 18 |
| 19.2-74 | 1-12 |
| 19.2-82 | 1-12(a), 1-12(b) |
| 1-12(d) | |
| 19.2-387 et seq. | 1-12(c) |
| 19.2-389A.7 | 20-5(a) |
| 19.2-390 | 1-12(c) |
| 21-292 et seq. | 29-3 |
| 22.1-28 et seq. | Ch. 2, Art. X |
| 22.1-48 et seq. | Char., § 45-a |
| 22.1-90 | 2-343 |
| 22.1-92 | 2-343 |
| 22.1-116 | 11-66 |
| 23-232 et seq. | 33-5(d)(6) |
| 24.1-1 et seq. | Char., § 47 |
| Ch. 9 | |
| 24.1-86 | 2-181 |
| 11-36 | |
| 11-61 | |
| 24.1-165 | Char., § 51 |
| 24.1-233.1 | 9-31 |
| 24.2-222 | 2-35(a) |
| 24.2-222.1 | 2-35(a) |
| 24.2-222.1(D) | 2-35(b) |
| 24.2-307 | 9-26 |
| 25-46.1 et seq. | Char., § 51 |
| Tit. 25.1, ch. 2 | 18-12 |
| 26-38 et seq. | 19-64 |
| 26-40 et seq. | 11-7 |
| 27-1 et seq. | Ch. 12 |
| 27-6.1 et seq. | Ch. 12, Art. II |
| 27-37.1 | 12-19(b) |
| 27-94 et seq. | 12-31(d) |
| 27-94—27-101 | 12-52 |
| 27-97 | 12-31(a) |
| 27-98 | 12-52 |
| 27-100 | 12-51 |
| 32.1-111.14 | 12-40 |
| 12-42(b) | |
| 29.1-200 et seq. | 33-5(d)(2) |
| 29.1-528.1 | 33-9 |
| 32.1-163—32.1-166 | Ch. 31, Art. III |
| 32.1-167—32.1-176 | Ch. 31, Art. III |
| 33.1-346 | 26-1 |
| 35.1-25 | 34-1200 |
| 36-85.3 | 30-31(a)(4) |
| 30-98(1) | |
| 36-85.16 | 34-1200 |
| 36-97 et seq. | 5-26 |
| 36-99.11 | 15-133(a) |
| 36-99.11 | 15-133(a) |
| 36-105 | Ch. 5, Art. II, Div. 2 |
| 36-106 | 5-1 |
| 42.1-33—42.1-45 | Ch. 13 |
| 42.1-38 et seq. | 13-26 |
| 42.1-72, 42.1-73 | 13-33 |
| 42.1-74 | 13-34 |
| 42.1-82 | 29-110(a)(1) |
| 43-32—43-36 | 15-275(a) |
| tit. 46.2 | 1-12(a), 1-12(b) |
| 15-3(a)(1) | |
| tit. 45.1 | |
| 10-22(a)(6) | |
| 46.2-100 | 15-39(a) |
| 46.2-100 | 15-101(b)(1) |
| 15-242(e) | |
| 15-244(d) | |
| 15-246(a) | |
| 15-251(b) | |
| 17-32(a) | |
| 30-31(a)(3), (5) | |
| 30-39(b) | |
| 30-316 | |
| 46.2-113 | 15-2 |
| 46.2-337 | 15-244(a) |
| 46.2-371 et seq. | 15-9 |
| 46.2-381 | 15-9 |
| 46.2-388 | 1-12(f) |
| 46.2-613 | 15-8 |
| 46.2-617 | 15-274(a) |
| 46.2-632 | 30-168(a)(6) |
| 46.2-633 | 30-168(a)(6) |
| 46.2-634 | 30-168(a)(6) |
| 46.2-730(C) | 30-31(a)(5) |
| 46.2-731 | 15-132(a)—(c) |
| 46.2-731 | 15-133(b), (c) |
| 46.2-739(B) | 15-132(a)—(c) |
| 46.2-739(B) | 15-133(b), (c) |
| 46.2-752(J) | 15-37(c), (f) |
| 46.2-755 | 15-38(a)(3) |
| 46.2-800 | 15-240 |
| 46.2-800 et seq. | 15-240 |
| 46.2-870 et seq. | Ch. 15, Art. IV |
| 46.2-871 | 15-97 |
| 46.2-873 | 15-98 |
| 46.2-874, 46.2-875 | 15-96 |
| 46.2-877 | 15-100 |
| 46.2-878.2 | 15-101(a) |
| 46.2-904 | 15-246 |
| 46.2-905 | 15-243, 15-244 |
| 46.2-906.1 | 15-252 |
| 46.2-908 | 15-237 |
| 46.2-914 | 15-242 |
| 46.2-924 | 15-75 |
| 46.2-932 | 15-248 |
| 46.2-936 | 26-1(b) |
| 46.2-941 | 15-149(f) |
| 46.2-1015 | 15-241 |
| 46.2-1037 | 15-146 |
| 46.2-1200 | 15-271 |
| 46.2-1201 | Ch. 15, Art. VII |
| 15-272 | |
| 46.2-1202—46.2-1206 | 15-273—15-277 |
| 46.2-1213 | Ch. 15, Art. VIII |
| 15-302(d) | |
| 46.2-1220 | Ch. 15, Art. V |
| Ch. 15, Art. V, Div. 2 | |
| 15-149 | |
| 15-150 | |
| 46.2-1237 | 15-133 |
| 46.2-1238 | 15-132 |
| 46.2-1239 | 15-129 |
| 46.2-1240 | 15-132(d) |
| 46.2-1241 | 15-132(a)—(c) |
| 46.2-1241 | 15-133(b), (c) |
| 46.2-1300 | 15-3(a) |
| 15-96(2) | |
| 15-99 | |
| 46.2-1300—46.2-1314 | Ch. 15 |
| 46.2-1302 | 15-7 |
| 46.2-1304 | 15-73 |
| 46.2-1313 | 15-3(a) |
| 49-1 | 11-61 |
| 51-111.9 et seq. | Ch. 19, Art. IV |
| 51.1-143.1 | 19-95.3(a) |
| 51.1-801.1 | 19-95.3(a) |
| 51.1-803 | 19-145 |
| 53.1-29 | 33-5(e)(4) |
| 53.1-105 et seq. | Ch. 2, Art. XI |
| 54.1-400 et seq. | 10-52(c)(11) |
| 54.1-1128 | 5-57(a) |
| 54.1-2900 | 14-18(f)(9) |
| 54.1-4100 | 21-26 |
| 54.1-4101A, 54.1-4101B | 21-34 |
| 54.1-4101C | 21-30 |
| 54.1-4102 | 21-33 |
| 54.1-4103—54.1-4105 | 21-35—21-37 |
| 54.1-4106, 54.1-4107 | 21-31 |
| 54.1-4108A | 21-56 |
| 54.1-4108B | 21-58 |
| 21-60 | |
| 54.1-4108C | 21-59 |
| 54.1-4108D | 21-62, 21-63 |
| 54.1-4108E | 21-32 |
| 54.1-4109B, 54.1-4109C | 21-27, 21-28 |
| 54.1-4110A | 21-29 |
| 54.1-4110B | 21-64 |
| 54.1-4111 | Ch. 21, Art. II |
| 55-79.41 | 14-4(8) |
| 55-210.1 et seq. | 20-58(b)(1) |
| 55-248.4 | 5-3(a) |
| 55-508 et seq. | 34-62(4) |
| 55-528 | 10-56(b)(1) |
| 10-104(c) | |
| 56-265.14 et seq. | 22-4(k) |
| 56-345 et seq. | Ch. 23 |
| 56-412.1 | 23-7 |
| 57-22 et seq. | Ch. 7 |
| tit. 58.1 | Char., § 20 |
| 30-6 | |
| 58-762 | Char., § 20 |
| 58-1014—58-1020 | Char., § 20 |
| 58-1101—58-1108 | Char., § 20 |
| 58.1-1 et seq. | Ch. 30 |
| 58.1-3 | 11-69 |
| 58.1-15 | 10-10(c) |
| 30-349 | |
| 58.1-520 et seq. | 30-41(b) |
| 58.1-600 et seq. | 30-196 |
| 58.1-600 et seq. | 30-284(d)(10) |
| 30-316 | |
| 30-318 | |
| 58.1-605 | 30-196, 30-197 |
| 58.1-608 | 30-318 |
| 58.1-628 | 30-197 |
| 58.1-814 | 30-371 |
| 58.1-1200 et seq. | 14-4(a)(11), (12) |
| 30-347(a) | |
| 58.1-1201 | 30-346 |
| 58.1-1204 | 30-347(a) |
| 58.1-1205 | 30-346 |
| 30-348(a) | |
| 58.1-1207 | 30-348(a), 30-348(b) |
| 58.1-1208 | 30-347 |
| 58.1-1211 | 30-347(b) |
| 58.1-1212 | 30-348(b) |
| 58.1-1718 | 30-396 |
| 58.1-3000 et seq. | Ch. 30 |
| 58.1-3110 | 14-9(e) |
| 58.1-3123 | 14-17(c)(3) |
| 58.1-3200 et seq. | Ch. 30, Art. III |
| 30-72 | |
| 30-73(b) | |
| 58.1-3210 | Ch. 30, Art. IV |
| 30-97 | |
| 30-101 | |
| 58.1-3210—58.1-3212 | 30-98 |
| 58.1-3213 | 30-99 |
| 58.1-3214 | 30-96 |
| 58.1-3215, 58.1-3216 | 30-102, 30-103 |
| 58.1-3217, 58.1-3218 | 30-96, 30-97 |
| 58.1-3219 | 30-476 |
| 58.1-3219.5 | 30-476 |
| 58.1-3221.2 | 30-160.4(2) |
| 58.1-3221.2.C | 30-160.4(2) |
| 58.1-3222 | 30-65 |
| 58.1-3253 | 30-61 |
| 58.1-3292 | 30-65.1 |
| 58.1-3303 | 30-68 |
| 58.1-3330 | 30-73(a) |
| 58.1-3370 et seq. | 30-69 |
| 58.1-3378 | 30-73(c)(1) |
| 58.1-3379 | 30-73(c)(2) |
| 58.1-3378—58.1-2284 | 30-73 |
| 58.1-3400 | 30-3 |
| 58.1-3400 et seq. | 30-1, 30-2 |
| 58.1-3400—58.1-3407 | 30-1 |
| 58.1-3500 et seq. | 30-31 |
| 58.1-3503 | 30-31(a) |
| 30-323 | |
| 58.1-3504, 58.1-3505 | 30-32 |
| 58.1-3507 | 30-33 |
| 58.1-3510 | 30-316 |
| 30-323 | |
| 58.1-3510.1 | 30-316—30-318 |
| 58.1-3510.2 | 30-319 |
| 58.1-3510.3 | 30-318 |
| 58.1-3511 | 30-34 |
| 30-34(b) | |
| 58.1-3515 | 30-34 |
| 58.1-3516 | 30-5(e) |
| 58.1-3518 | 30-34(c) |
| 58.1-3518, 58.1-3519 | 30-35, 30-36 |
| 58.1-3600 et seq. | 30-1 |
| 58.1-3661A | 30-127 |
| 58.1-3661B | 30-126 |
| 58.1-3661C | 30-131, 30-132 |
| 58.1-3661D, 58.1-3661E | 30-133, 30-134 |
| 58.1-3700 et seq. | Char., § 22 |
| 58.1-3701 | 14-2 |
| 14-8(b) | |
| 58.1-3700.1 | 30-34(c) |
| 58.1-3703.1 | 14-2 |
| 58.1-3712 | 14-4(a)(5) |
| 58.1-3713 | 14-4(a)(5) |
| 58.1-3714(B) | 14-2 |
| 58.1-3714(D) | 14-2 |
| 58.1-3715 | 14-2 |
| 14-7(a)(1) | |
| 14-11(a) | |
| 58.1-3718 | 14-4(a)(6) |
| 58.1-3720 | 14-23(5) |
| 58.1-3731 | 14-4(a)(1) |
| 58.1-3800, 58.1-3801 | 30-371, 30-372 |
| 58.1-3803 | 30-373 |
| 58.1-3805, 58.1-3806 | 30-396, 30-397 |
| 58.1-3812 | 30-221 |
| 30-222 | |
| 30-227(b)(1) | |
| 58.1-3813 | 30-400 |
| 58.1-3814 | 30-222 |
| 58.1-3833(C) | 30-286(b) |
| 58.1-3840 | 30-253 |
| 30-283 | |
| 58.1-3895 et seq. | 5-4(b) |
| 58.1-3900 et seq. | 30-322 |
| 58.1-3903 | 14-5(c) |
| 58.1-3912—58.1-3914 | 30-161—30-163 |
| 58.1-3916 | 30-161 |
| 30-164 | |
| 58.1-3919 | 15-37(f) |
| 30-164(c)(1) | |
| 30-165 | |
| 30-167 | |
| 58.1-3921—58.1-3923 | 30-168 |
| 58.1-3924 | 30-169, 30-170 |
| 58.1-3927, 58.1-3928 | 30-171, 30-172 |
| 58.1-3933 | 30-172 |
| 58.1-3940 | 14-5(d) |
| 58.1-3940 et seq. | 5-4(b) |
| 30-165 | |
| 58.1-3952 | 30-41(b) |
| 58.1-3958 | 30-164 |
| 58.1-3965 et seq. | 30-172 |
| 30-172(a) | |
| 58.1-3980 | 14-2, 30-5(b)(2) |
| 58.1-3980 et seq. | 30-6(a) |
| 58.1-3981 | 14-2, 30-5(b)(2) |
| 58.1-3983.1 | 30-5(b)(2) |
| 58.1-3983.1(D)(1) | 14-6(c) |
| 58.1-3984 | 14-2 |
| 14-6(c) | |
| 30-3 | |
| 30-5(b)(2) | |
| 30-6(a) | |
| 30-74 | |
| 58.1-3986 | 14-8(b) |
| 58.1-3993 | 14-8(b) |
| 59.1-142 et seq. | 12-56 |
| 59.1-148 | 12-56 |
| 62.1-44.2 et seq. | 10-5 |
| 62.1-44.2—62.1-44.34:28 | 10-2 |
| 62.1-44.15:24 et seq. | 10-5 |
| 10-5 | |
| 62.1-44.15:27 | 10-2 |
| 10-50(a) | |
| 10-52 | |
| 62.1-44.15:28 | 10-10(b) |
| 62.1-44.15:33(C) | 10-54(e)(2) |
| 62.1-44.34:8 | 12-19(b) |
| 62.1-44.15:35 | 10-53(c)(10) |
| 62.1-44.15:39 | 10-57(d) |
| 62.1-44.15:40 | 10-57(f) |
| 62.1-44.15:42 | 10-59(b) |
| 62.1-44.15:48(A) | 10-59(d)(2) |
| 10-59(e) | |
| 62.1-44.15:48(D) | 10-59(b) |
| 62.1-44.15:49 | 10-52 |
| 62.1-44.15:51 et seq. | 10-5 |
| 10-21(b) | |
| 62.1-44.15:53 | 10-42(d) |
| 62.1-44.15:54 | 10-2 |
| 10-33 | |
| 62.1-44.15:55 | |
| 10-36(3) | |
| 10-37(c) | |
| 10-35(g) | |
| 62.1-44.15:56 | 10-21(c) |
| 62.1-44.15:58 | 10-40(b)(1) |
| 10-40(b)(2) | |
| 10-40(b)(3) | |
| 10-41 | |
| 62.1-44.15:60 | 10-40(b)(1) |
| 63.1-1 et seq. | Ch. 25 |
| 63.1-38.1 | 25-27 |
| 63.1-43.1 | 25-1 |
| 25-1(b)(6) | |
| 63.1-50 et seq. | 25-28 |
| 63.1-59.1 | 25-27 |
| 63.1-67.1 et seq. | 25-27 |
| 63.1-87 | 22-9(b)(2) |
| 63.2-100 | 22-5(2) |
| 63.1-106 | 25-57 |
| 63.1-164 | 14-4(a)(14) |
| 63.1-183—63.1-194 | 25-2 |
| 63.1-185 | 25-2 |
| 63.1-195 | 24-4 |
| 63.2-100 | 22-5(2) |
| 34-1200 | |
| 65.2-603 | 19-154(b) |
| 1251 et seq. | 10-2 |